<7 


DOCUMENTS  UNIT 
ILLINOIS  STATE  LIBRARY 

PAUL  POWELL 

Secretary  of  State  and  State  Librarian 


a-^/ 


JOURNAL 


ILLINOIS  STATE  LIBRARY  _ 

I  IIUliiHlilW 

^UEI  01433D53  7 


OF  THE 


CONSTITUTIONAL  CONVENTION 

1920-1922 


OF  THE 


State  of  Illinois 


86516 


Convened  at  the  Capitol  in  Springfield,  January  6,  1920, 
and  adjourned  sine  die  October  10,  1922 


LUNOi 


•p 


U? 


S  STATE 


IIT 

LPP.AF.Y 


[Printed  by  authority  of  the  State  of  Illinois.] 


Illinois  State  Journal  Co. 
Springfield,  Illinois 
19  2  2 


(42215—800) 


OFFICERS  OF  THE  CONVENTION. 


President 

Charles  E.  Woodward,  Ottawa. 


Secretary 

B.  H.  McCann,  Bloomington. 


Digitized  by  the  Internet  Archive 
in  2018  with  funding  from 
University  of  Illinois  Urbana-Champaign 


https://archive.org/details/journalofconstitOOilli 


JOURNAL 


A 


OF  THE 


CONSTITUTIONAL  CONVENTION 

1920-1922 


OF  THE 


State  of  Illinois 


Convened  at  the  Capitol  in  Springfield,  January  6,  1920, 
and  adjourned  sine  die  October  10,  1922 

$U5/C, 


[Printed  by  authority  of  the  State  of  Illinois.] 


Illinois  State  Journal  Co. 
Springfield,  Illinois 


19  2  2 

(42215 — 800) 


OFFICERS  OF  THE  CONVENTION. 


President 

Charles  E.  Woodward,  Ottawa. 


Secretary 

B.  H.  McCann,  Bloomington. 


JOURNAL 


OF  THE 

Constitutional  Convention 

STATE  OF  ILLINOIS 

Hall  of  the  House  of  Representatives 
Springfield 


TUESDAY,  JANUARY  6,  1920. 

Pursuant  to  an  Act  of  the  General  Assembly  of  the  State  of  Illinois, 
entitled  “An  Act  to  assemble  a  Convention  to  revise,  alter  or  amend 
the  Constitution  of  the  State  of  Illinois,”  approved  June  21,  1919. 

The  Governor,  Hon.  Frank  0.  Lowden,  at  12  :00  o’clock  m.,  called 
the  Convention  to  order  and  presided  over  its  deliberations  until  the 
election  of  a  Temporary  President. 

Praver  was  offered  bv  the  Rev.  John  T.  Thomas,  of  the  First  Pres- 

%J  vf  y 

byterian  Church  of  Springfield. 

The  Governor  designated  A.  C.  Millspaugh  as  Provisional  Secre¬ 
tary  pending  the  temporary  organization  of  the  Convention  and  directed 
Mr.  Millspaugh  to  call  the  roll  of  the  Delegates-elect  compiled  as  fol¬ 
lows  from  the  official  returns  on  file  in  the  office  of  the  Secretary  of 

State : 

First  District — Composed  of  the  First  and  Second  Wards  in  the  city  of 
Chicago — Walter  H.  Wilson  and  Levy  Mayer. 

Second  District — Composed  of  the  Twentieth  Ward  and  parts  of  the 
Eleventh  and  Twelfth  Wards  in  the  city  of  Chicago — John  J.  Gorman  and 

Michael  F.  Sullivan. 

Third  District — Composed  of  the  Third  Ward  and  parts  of  the  Fourth, 
Fifth  and  Sixth  Wards  in  the  city  of  Chicago — Edward  H.  Morris  and  Archi¬ 
bald  J.  Carey. 


2 


JOURNAL  OF  THE 


[Jan.  6? 


Fourth  District — Composed  of  the  Twenty-ninth  and  Thirtieth  Wards 
and  part  of  the  Thirty-first  Ward  in  the  city  of  Chicago — John  E.  Traeger 
and  George  P.  Latchford. 

Fifth  District — Composed  of  parts  of  the  Sixth  and  Seventh  Wards  in 
the  city  of  Chicago — Abel  Davis  and  Morton  D.  Hull. 

Sixth  District — Composed  of  the  Twenty-fourth  and  Twenty-sixth  Wards 
and  part  of  the  Twenty-third  and  Twenty-fifth  Wards  in  the  city  of  Chicago, 
and  parts  of  the  towns  of  Evanston,  Niles  and  New  Trier,  all  in  county  of 
Cook — Rufus  C.  Dawes  and  George  A.  Dupuy. 

Seventh  District — Composed  of  the  towns  of  Thornton,  Bloom,  Rich, 
Bremen,  Orland,  Lemont,  Palos,  Worth,  Lyons,  Stickney,  Proviso,  Leyden, 
Elk  Grove,  Sckaumberg,  Hanover,  Barrington,  Palatine,  Wheeling,  North- 
field,  and  parts  of  the  towns  of  New  Trier,  Nils,  Norwood,  Park  and  Maine, 
all  in  the  county  of  Cook — Frederic  R.  DeYoung  and  Amos  C.  Miller. 

Eighth  District — Composed  of  the  counties  of  Boone,  Lake  and  McHenry 
— Elam  L.  Clarke  and  Frank  S.  Whitman. 

Ninth  District — Composed  of  parts  of  the  Fourth,  Fifth  and  Twelfth 
Wards  in  the  city  of  Chicago — David  E.  Shanahan  and  Charles  J.  Michal. 

Tenth  District — Composed  of  the  counties  of  Ogle  and  Winnebago — 
Bruce  H.  Garrett  and  James  Nichols. 

Eleventh  District — Composed  of  the  Thirty-second  Ward  and  part  of 
the  Thirty-first  Ward  in  the  city  of  Chicago — Percival  G.  Baldwin  and 
William  H.  Cruden. 

Twelfth  District — Composed  of  the  counties  of  Carroll,  JoDaviess  and 
Stephenson — Arthur  M.  Smith  and  Harry  H.  Stahl. 

Thirteenth  District — Composed  of  the  Eighth  and  Thirty-third  Wards 
and  part  of  the  Seventh  Ward  in  the  city  of  Chicago,  and  part  of  the  town 
of  Calumet,  all  in  the  county  of  Cook — Oscar  Wolff  and  Douglas  Sutherland. 

Fourteenth  District — Composed  of  the  counties  of  Kane  and  Kendall — 
Lee  Migliell  and  Rodney  H'.  Brandon. 

Fifteenth  District — Composed  of  parts  of  the  Ninth,  Tenth  and  Eleventh 
Wards  in  the  city  of  Chicago — Ernst  Kunde  and  S.  E.  Pincus. 

Sixteenth  District — Composed  of  the  counties  of  Livingston,  Marshall, 
Putnam  and  Woodford — Charles  H.  Ireland  and  H.  E.  Torrance. 

Seventeenth  District — Composed  of  the  Nineteenth  Ward  and  parts  of 
the  Ninth  and  Tenth  Wards  in  the  city  of  Chicago — Thomas  F.  Frole  and 
Michael  Iarussi. 

Eighteenth  District — Composed  of  the  county  of  Peoria — Hiram  E.  Todd 
and  Frank  J.  Quinn. 

Nineteenth  District — Composed  of  the  Thirteenth  and  Thirty-fourth 
Wards  and  part  of  the  Twelfth  Ward  in  the  city  of  Chicago,  the  town  of 
Riverside  and  part  of  the  town  of  Cicero,  all  in  the  county  of  Cook — Martin 
J.  O’Brien  and  Michael  Rosenberg. 

Twentieth  District — Composed  of  the  counties  of  Grundy,  Iroquois  and 
Kankakee — Edward  C.  Curtis  and  A.  F.  Goodyear. 

Tioenty-first  District — Composed  of  the  Fourteenth  Ward  and  parts  of 
the  Seventeenth  and  Thirty-fifth  Wards  in  the  city  of  Chicago — George  F. 
Lohman  and  Charles  S.  Cutting. 

T iv enty -second  District — Composed  of  the  counties  of  Edgar  and  Ver¬ 
milion — E.  B.  Coolley  and  William  Stewart. 

T  id  enty -third  District — Composed  of  the  Fifteenth  Ward  and  parts  of 
the  Sixteenth  and  Thirty-fifth  Wards  in  the  city  of  Chicago,  and  part  of  the 
town  of  Cicero,  all  in  the  county  of  Cook — William  Ganschow  and  Charles 
Woodward. 

Twenty-fourth  District — Composed  of  the  counties  of  Champaign,  Moul¬ 
trie  and  Piatt — Henry  M.  Dunlap  and  Henry  I.  Green. 

Twenty-fifth  District — Composed  of  the  Twenty-seventh  and  Twenty- 
eighth  Wards  in  the  city  of  Chicago — M.  A.  Michaelson  and  Willard  M. 
McEwen. 

Twenty-sixth  District — Composed  of  the  counties  of  Ford  and  McLean 
Joseph  W.  Fifer  and  Thomas  C.  Kerrick. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


3 


Tioenty -seventh  District — Composed  of  the  Eighteenth  Ward  and  parts 
of  the  Sixteenth  and  Seventh  Wards  in  the  city  of  Chicago — Edward  J.  Cor¬ 
coran  and  Ernest  D.  Potts. 

Twenty-eighth  District — Composed  of  the  counties  of  DeWitt,  Logan  and 
Macon — Andrew  H.  Mills  and  Charles  B.  T.  Moore. 

Twenty-ninth  District — Composed  of  parts  of  the  Twenty-first  and 
Twenty-second  Wards  in  the  city  of  Chicago — Charles  H.  Hamill  and  Alex¬ 
ander  H.  Revell. 

Thirtieth  District — Composed  of  the  counties  of  Brown,  Cass,  Mason, 
Menard,  Schuyler  and  Tazewell — Guy  L.  Shaw  and  Lewis  A.  Jarman. 

Thirty-first  District — Composed  of  parts  of  the  Twenty-first,  Twenty- 
second,  Twenty-third  and  Twenty-fifth  Wards  in  the  city  of  Chicago — 
William  H.  Beckman  and  Eugene  H.  Dupee. 

Thirty-second  District — Composed  of  the  counties  of  Hancock,  Mc¬ 
Donough  and  Warren — David  E.  Mack  and  Philip  E.  Elting. 

Thirty-third  District — Composed  of  the  counties  of  Henderson,  Mercer 
and  Rock  Island — Oscar  E.  Carlstrom  and  Cyrus  E.  Dietz. 

Thirty-fourth  District — Composed  of  the  counties  of  Clark,  Coles  and 
Douglas — William  T.  Hollenbeck  and  Charles  A.  Shuey. 

Thirty-fifth  District — Composed  of  the  counties  of  DeKalb,  Lee  and 
Whiteside — Edward  H'.  Brewster  and  Alvin  Warren. 

Thirty-sixth  District — Composed  of  the  counties  of  Adams,  Calhoun, 
Pike  and  Scott — William  S.  Gray  and  Rollo  Six. 

Thirty-seventh  District — Composed  of  the  counties  of  Bureau,  Henry 
and  Stark — Lawrence  C.  Johnson  and  Watts  A.  Johnson. 

Thirty-eighth  District — Composed  of  the  counties  of  Greene,  Jersey, 
Macoupin  and  Montgomery — John  L.  Dryer  and  Thomas  Rinaker. 

Thirty-ninth  District — Composed  of  the  county  of  LaSalle — Charles  E. 
Woodward  and  William  M.  Scanlan. 

Fortieth  District — Composed  of  the  counties  of  Christian,  Cumberland, 
Fayette  and  Shelby — William  H.  Chew  and  F.  R.  Dove. 

Forty-first  District — Composed  of  the  counties  of  DuPage  and  Will — 
George  A.  Barr  and  Edward  Corlett. 

Forty-second  District — Composed  of  the  counties  of  Clay,  Clinton,  Effing¬ 
ham  and  Marion — J.  Mack  Tanner  and  Edgar  E.  Fyke. 

Forty-third  District — Composed  of  the  counties  of  Fulton  and  Knox — 
George  C.  Gale  and  A.  E.  Taff. 

Forty-fourth  District — Composed  of  the  counties  of  Jackson,  Monroe, 
Perry,  Randolph  and  Washington — S.  W.  McGuire  and  Henry  W.  Meinert. 

Forty-fifth  District — Composed  of  the  counties  of  Morgan  and  Sanga¬ 
mon — Clinton  L.  Conkling  and  James  H.  Paddock. 

Forty-sixth  District — Composed  of  the  counties  of  Jasper,  Jefferson, 
Richland  and  Wayne — James  P.  Jack  and  G.  Gale  Gilbert. 

Forty-seventh  District — Composed  of  the  counties  of  Bond  and  Madison 
— John  J.  Brenholt,  Jr.,  and  Cicero  J.  Lindly. 

Forty-eighth  District — Composed  of  the  counties  of  Crawford,  Edwards, 
Gallatin,  Hardin,  Lawrence,  Wabash  and  White — Sylvester  J.  Gee  and 
Prince  A.  Pearce. 

Forty-ninth  District — Composed  of  the  county  of  St.  Clair — William  E. 

Trautmann  and  Herbert  F.  Lill. 

Fiftieth  District — Composed  of  the  counties  of  Alexander,  Franklin, 
Pulaski,  Union  and  Williamson — William  J.  Sneed  and  William  A.  Wall. 

Fifty-first  District — Composed  of  the  counties  of  Hamilton,  Johnson, 
Massac,  Pope  and  Saline — George  W.  Hogan  and  Charles  V.  Parker. 

The  Governor  announced  that  all  Lelegates-elect  as  shown  on  the 
foregoing  roll,  were  present  except  Mr.  Sullivan,  of  the  second  district. 
On  motion  of  Mr.  Lindly  the  Convention  proceeded  to  the  election 

of  a  Temporal  President. 


4 


journal  of  the  [Jan.  6, 

Whereupon  Mr.  Lindly  placed  in  nomination  Hon.  Charles  E. 
Woodward  of  LaSalle  County. 

There  being  no  other  nominations,  a  call  of  the  roll  was  had  result¬ 
ing  as  follows : 


Number  of  votes  cast .  99 

For  Mr.  Woodward .  99 


Those  voting  for 

Mr. 

Woodward  are 

:  Messrs. 

Barr 

Dove 

Hollenbeck 

Michal 

Shuey 

Beckman 

Dryer 

Hull 

Mighell 

Six 

Brandon 

Dunlap 

Iarussi 

Miller 

Smith 

Brenholt 

Dupee,  E. 

H. 

Ireland 

Mills 

Sneed 

Brewster 

Dupuy,  G. 

A. 

Jack 

Moore 

Stahl 

Carey 

Elting 

Jarman 

Morris 

Stewart 

Carlstrom 

Fifer 

Johnson,  L.  C. 

Nichols 

Sutherland 

Chew 

Frole 

Johnson,  W.  A. 

O’Brien 

Taff 

Clarke 

Fyke 

Kerrick 

Paddock 

Tanner 

Conkling 

Gale 

Kunde 

Parker 

Todd 

Coolley 

Ganschow 

Latchford 

Pearce 

Torrance 

Corcoran 

Garrett 

Lill 

Pincus 

Traeger 

Corlett 

Gee 

Lindly 

Potts 

Trautmann 

Cruden 

Gilbert 

Lohman 

Quinn 

Wall 

Curtis 

Goodyear 

Mack 

Revell 

Warren 

Cutting 

Gorman 

Mayer 

Rinaker 

Whitman 

Davis 

Gray 

McEwen 

Rosenberg 

Wilson 

Dawes 

Green 

McGuire 

Scanlan 

Wolff 

De  Young 

Hamill 

Meinert 

Shanahan 

Woodward,Chas. 

Dietz 

Hogan 

Michaelson 

Shaw 

Total — 99. 

Mr.  Woodward  having  received  a  majority  of  the  votes  of  the  Dele¬ 
gates  elected,  was  declared  elected  Temporary  President. 

Mr.  Trautmann  offered  the  following  resolution,  and  moved  its 
adoption : 


Resolution  No.  1. 

Resolved,  That  a  committee  of  three  members  be  appointed  by  the 
Governor  to  conduct  the  Temporary  President  to  the  chair. 

And  the  resolution  was  adopted. 

The  Governor  thereupon  appointed  as  such  committee  Messrs. 
Trautmann,  Fifer  and  Quinn. 

Whereupon,  the  committee  conducted  the  Temporary  Chairman, 
Hon.  Charles  E.  Woodward,  to  the  chair. 

The  election  of  a  Temporary  Secretary  being  the  next  order  of 
business. 

Mr.  Scanlan  placed  in  nomination  Mr.  B.  H.  McCann  of  Bloom-, 
ington. 

Mr.  Dove  placed  in  nomination  Lieut.-Col.  John  J.  Bullington,  of 
Taylorville. 

There  being  no  other  nominations,  a  call  of  the  roll  was  had,  re¬ 


sulting  as  follows : 

Number  of  votes  cast .  99 

For  Mr.  McCann .  82 

For  Mr.  Bullington .  17 


1920.] 


CONSTITUTIONAL  CONVENTION.  5 


Those  voting  for  Mr.  McCann  are :  Messrs. 


Barr 

Dunlap 

Ireland 

Morris 

Sutherland 

Beckman 

Dupee,  E.  H. 

Jack 

Nichols 

Stahl 

Brandon 

Fifer 

Johnson,  L.  C. 

O’Brien 

Stewart 

Brenholt 

FTole 

Johnson,  W.  A. 

Paddock 

Taff 

Brewster 

Gale 

Kerrick 

Parker 

Tanner 

Carey 

Ganschow 

Kunde 

Pincus 

Todd 

Carlstrom 

Garrett 

Lill 

Potts 

Torrance 

Chew 

Gee 

Lindly 

Quinn 

Traeger 

Clarke 

Gilbert 

Lohman 

Rinaker 

Trautmann 

Conkling 

Goodyear 

McEwen 

Rosenberg 

Wall 

Corcoran 

Gorman 

McGuire 

Scanlan 

Warren 

Corlett 

Green 

Meinert 

Shanahan 

Whitman 

Cruden 

Hamill 

Michaelson 

Shaw 

Wilson 

Curtis 

Hogan 

Miller 

Shuey 

Wolff 

De  Young 

Hollenbeck 

Mills 

Smith 

Woodward,  Chas. 

Dietz 

Hull 

Moore 

Sneed 

Woodward.  C.  E. 

Dryer 

Iarussi 

Total — 82. 

Those  voting  for  Mr. 

Bullington  are 

:  Messrs. 

Cutting 

Dupuy,  G.  A. 

Jarman 

Mayer 

Pearce 

Davis 

Elting 

Latchford 

Michal 

Revell 

Dawes 

Fyke 

Mack 

Mighell 

Six 

Dove 

Gray 

Total — 17. 

Mr.  McCann  having  received  a  majority  of  the  votes  of  the  Dele¬ 
gates  elected,  was  declared  elected  Temporary  Secretary. 

Mr.  Green  offered  the  following  resolution  and  moved  its  adoption : 


Resolution  No.  2. 

Resolved,  That  a  Committee  on  Credentials,  consisting  of  seven  mem¬ 
bers  be  appointed  by  the  Temporary  President,  to  report  the  names  of 
Delegates  elected  and  entitled  to  seats  in  this  Convention. 

And  the  resolution  was  adopted. 

The  Temporary  President  thereupon  appointed  as  such  committee, 
Messrs.  Green,  Hamill,  Moore,  Hogan,  Mighell,  O'Brien  and  Traeger. 

Mr.  Green,  from  the  Committee  on  Credentials,  submitted  the  fol¬ 
lowing  report: 


Committee  Report. 

Your  Committee  on  Credentials  reports  the  names  of  Delegates  elected 
and  entitled  to  seats  in  this  Convention  as  follows: 


District. 


Name. 


Address. 


County. 


Party. 


1 

2 

3 

4 

5 

6 

7 

8 
9 


Walter  H.  WTilson.... 

Levy  Mayer . 

John  J.  Gorman . . 

Michael  F.  Sullivan.. 
Edward  H.  Morris. . . 
Archibald  J.  Carey. . . 

John  E.  Traeger . 

George  P.  Latchford.. 

Abel  Davis . 

Morton  D.  Hull . 

Rufus  C.  Dawes . . 

George  A.  Dupuy _ 

Frederic  R.  DeYoung 

Amos  C.  Miller . 

Elam  L.  Clarke . 

Frank  S.  Whitman . . . 
David  E.  Shanahan. . 
Charles  J.  Michal _ 


2619  Prairie  Av.,  Chicago . 

Blackstone  Hotel,  Chicago . 

1633  Jackson  Boul.,  Chicago - 

1611  W.  Jackson  Boul.,  Chicago 

3757  Vernon  Av.,  Chicago . 

3428  Vernon  Av.,  Chicago . 

921  W.  54th  PI.,  Chicago . 

4532  Emerald  Av.,  Chicago . 

5125  Ellis  Av.,  Chicago . 

4855  Woodlawn  Ave.,  Chicago. . 
1800  Sheridan  Rd.,  Evanston. . 
4526  N.  Paulina  St.,  Chicago. . . 

50  E.  155th  St.,  Harvey . 

241  Melrose  Av.,  Kenilworth. . . 

Waukegan . 

Belvidere . 

3315  S.  Western  Boul.,  Chicago. 
2410  S.  Kedzie  Av., Chicago - 


Cook.. 
..do. . 
..do. . 
..do. . 
..do. . 
..do.. 
..do. . 
.  .do. . 
.  .do. . 
.  .do. . 
..do. . 
. .do. . 
. .do. . 
. .do. . 
Lake. 
Boone 
Cook.. 
. .do. . 


Rep. 

Dem. 

Rep. 

Dem. 

Rep. 

Rep. 

Dem. 

Dem. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Dem. 


6 


JOURNAL  OF  THE 


[Jan.  6, 


District. 

Name. 

Address. 

County. 

Party. 

10 

Bruce  H.  Garrett . 

Rockford . 

Winnebago . 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Dem. 

James  Nichols . 

Polo . 

Ogle . 

11... 

Percival  G.  Baldwin . 

2017  W.  70th  St.,  Chicago . 

Cook . 

William  H.  Cruden . 

10204  Wallace  St.,  Chicago . 

.  .do . 

12. . . 

Arthur  M.  Smith . 

Stockton . 

JoDaviess . 

13 

Harry  H.  Stahl . 

Oscar  Wolff . 

Freeport . 

10611  Ay.  H.,  Chicago . 

Stephenson. . . . 
Cook . 

Douglas  Sutherland . 

6558  Minerva  Ay.  ,  Chicago . 

.  .do . 

14 . 

Lee  Mighell . 

Aurora . . T. . 

Kane . 

Rodney  H.  Brandon . 

Mooseheart . 

.  .do . 

15 _ 

Ernst  Kunde . 

2025  S.  Halsted  St..  Chicago . 

Cook . 

S.  E.  Pincus . 

836  W.  14th  St.,  Chicago . 

.  .do . 

16... 

Charles  H.  Ireland . 

Washburn . . . 

Woodford . 

Rep. 

Rep. 

Dem. 

H.  E.  Torrance . 

Pontiac . 

Livingston . 

17.... 

Thomas  F.  Frole . 

1140  W.  Taylor  St.,  Chicago . 

Cook.^ . 

Michael  Iarussi . 

761  W.  Taylor  St.,  Chicago . 

.  .do . 

Dem. 

18... 

Hiram  E .  Todd . 

Peoria . . . . . . . 

Peoria . 

Rep. 

Dem. 

Frank  J.  Quinn . 

.  .do . 

.  .do . 

19. . . 

Martin  J.  O’Brien . 

3845  Flournoy  St . ,  Chicago . 

Cook . 

Dem. 

20 . 

Michael  Rosenberg . 

Edward  C.  Curtis . 

1250  Independence  Boul.^  Chicago. . . . 
Grant  Park . 

.  .do . 

Kankakee . 

Dem. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Dem. 

A.  F.  Goodyear . 

Watseka . 

Iroquois . 

21 . 

George  F.  Lohman . 

566  N.  Long  Ay.,  Chicago . 

Cook . 

Charles  S.  Cutting . 

307  N.  Waller  Ay.,  Chicago . 

..do . 

22 . 

E.  B.  Coolley . 

Danyille . 1 . T . 

Vermilion . 

William  Stewart . 

Paris . 

Edgar . 

William  Ganschow . 

2156  Pierce  Ay.,  Chicago . 

Cook . 

Charles  Woodward  _ 

225  S.  ScoYille  Ay.,  Oak  Park . 

.  .do . 

24 . 

Henry  M.  Dunlap . 

Savoy . . 

Champaign . 

Henry  I.  Green  .  _ 

LTbana . 

.  .do . 

25  . 

26  -  - 

M.  A.  Michaelson.  . .. 

3018  Palmer  Sq.,  Chicago . 

Cook . 

Willard  M.  McEwen . 

Joseph  W.  Filer . 

3633  N.  Springfield  Av.~,  Chicago . 

Bloomington . 

.  .do . 

McLean . 

Thomas  C.  Kerriok . 

.  .do . 

.  .do . 

27..  - 

Edward  J.  Corcoran . 

323  S.  Peoria  St.,  Chicago . 

Cook . 

Ernest.  D.  Potts . .  . 

21  N.  Ashland  Boul.,  Chicago . 

. .  do . 

Dem. 

28 ... . 

Andrew  H.  Mills . 

Decatur . * . T. . 

Macon . 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Rep. 

Charles  B.  T.  Moore  . 

do . 

.  .do . 

29 ... . 

Charles  H.  Hamill . 

199  Lake  Shore  Driye,  Chicago . 

Cook . 

Alexander  H.  Revell. 

842  N.  Michigan  Av.,  Chicago . 

.  .do . 

30  . 

Guy  L.  Shaw  . . . 

Beardstown . 

Cass . 

Lewis  A.  Jarman 

RushYille . 

Schuyler . 

31 

William  H  Reekman 

2468  Orchard  St.,  Chicago . 

Cook . 

Eugene  H  Rupee, . 

534  Aldine  Av.,  Chicago . 

.  .do . 

32 

Darn’d  E  Mack. 

Carthage . 

Hancock . 

33... 

Philip  E.  Elting . 

Osear  E.  Oarlstrom 

Macomb . 

Aledo . 

McDonough... . 
Mercer . 

Cyrus  E.  Dietz . 

Moline . 

Rock  Island.. . . 

34.  . 

Wm.  T.  Hollenbeck . 

Marshall . 

Clark . 

Diaries  A.  Shuev 

Charleston . 

Coles . 

35. 

Edward  H.  Brewster.. 

Dixon . 

Lee . 

Alvin  Warrpn _ 

Leland . 

DeKalb . 

36.. . 

William  S.  Gray  . 

Coatsburg . 

Adams . 

Rollo  Six 

Barry . 

Pike . 

Dem. 

37.  - 

Lawrence  C.  Johnson 

Galva  . 

Henry . 

Rep. 

Rep. 

Watts  A.  Johnson 

Princeton . 

Bureau . 

38  -  - 

John  T,.  Dryer 

Hillsboro . 

Montgomery. . . 

Rep. 

Thos.  Rinaker 

Carlin  ville . 

Macoupin . 

Rep. 

39 

Diaries  E.  Woodward 

Ottawa . 

LaSalle . 

Rep. 

William  A! .  Scan  lan 

Peru . 

.  .do . 

Rep. 

40 

William  H.  Chew  . 

Shelbyville . 

Shelby . 

Rep. 

E  R  Dove. 

.  .do . 

.  .do. '. . 

Dem 

41 

George  A.  Barr . 

Joliet . 

Will . 

Rep. 

Edward  Corlett.  . 

.  .do . 

.  .do . 

Rep. 

42 . 

.T  Mack  Tanner 

Flora . 

Clav . 

Rep. 

Edenr  E  Evke 

Centralia . 

Marion . 

Dem. 

43 

Deorge  G.  Gale. 

Galesburg . 

Knox . 

Rep. 

A  E  Taff 

Canton . 

Fulton . 

Rep. 

44 

S  W.  McGuire . 

Sparta . 

Randolph . 

Rep. 

Henry  W.  Meinert. .  . 

Ho  yleton . 

Washington.... 
Sangamon . 

Rep. 

Olinton  T;.  Conklins'.  . 

Springfield . 

Rep. 

James  H  Paddock 

do . 

.  .do . 

Rep. 

46 

.Tames  P.  .Tack 

Newton  . 

Jasper . 

Rep. 

G  Hale.  Gilbert 

Mt.  Vernon . 

Jefferson . 

Rep. 

47 

John  .T  Rrenholt...Tr 

Alton . 

Madison . 

Rep. 

Cipprn  .T.  T/indlv 

Greenville . . 

Bond . 

Rep. 

7 


1920.]  CONSTITUTIONAL  CONVENTION. 


District. 

Name. 

Address. 

County. 

Party. 

48  .. 

Sylvester  J.  Gee . 

Lawrenceville . 

Lawrence . 

Rep. 

Prince  A.  Pearce . 

Carmi . 

White . 

Dem. 

49  ... 

William  E .  Trautmann .... 

R.  R.  No.  2,  East  St.  Louis . 

St.  Clair . 

Rep. 

Herbert  F.  Lill . 

Mascoutah . 

.  .do . 

Rep. 

50 . 

William  J.  Sneed. . 

Herrin . 

Williamson. . . . 

Rep. 

William  A.  Wall..  .  . 

Mound  City . 

Pulaski . 

Rep. 

51 . 

George  W.  Hogan . 

McLeansboro . 

Hamilton . 

Rep. 

Charlps  V.  Parker . 

Harrisburg . 

Saline . 

Rep. 

.  Respectfully  submitted, 

(Signed)  Henry  I.  Green, 

Charles  H.  Hamill, 
George  W.  Hogan, 

John  E.  Traeger, 

Martin  J.  O’Brien, 

C.  B.  T.  Moore, 

Lee  Mighell, 

Committee. 

Mr.  Green  moved  that  the  report  of  the  committee  be  concurred  in, 
and  that  the  gentlemen  whose  names  are  presented  therein  be  declared 
entitled  to  sit  in  this  Convention. 

The  motion  prevailed  and  the  report  of  the  Committee  on  Creden¬ 
tials  was  adopted. 

Mr.  Barr  offered  the  following  resolution  and  moved  its  adoption: 


Resolution  No.  3. 

Resolved,  That  a  committee  of  eight  members  be  appointed  by  the  Tem¬ 
porary  President  to  call  upon  the  Judge  of  the  Circuit  Court  of  Sangamon 
County  and  request  him  to  administer  the  oath  of  office  to  the  Delegates- 
elect  of  the  Constitutional  Convention. 

And  the  resolution  was  adopted. 

The  Temporary  President  thereupon  appointed  as  such  committee, 
Messrs.  Barr,  Conkling,  Gee,  Cutting,  Carlstrom,  Morris,  Mayer  and 

Pearce. 

Mr.  Barr,  from  the  committee  heretofore  appointed  to  wait  upon 
the  Judge  of  the  Circu'+  Court,  and  request  him  to  administer  the  oath 
of  office  to  the  Delegates-elect  of  the  Constitutional  Convention, 
announced  that  Judge  Elbert  S.  Smith  of  the  Circuit  Court,  was  present 
and  ready  to  perform  that  duty. 

Whereupon,  the  oath  of  office  was  administered  by  Judge  Smith  to 
all  Delegates-elect,  except  Michael  F.  Sullivan  of  the  second  district. 

Mr.  Lindly  offered  the  following  resolution  and  moved  its  adoption : 


Resolution  No.  4. 

Resolved,  That  the  Convention  now  proceed  to  the  election  of  a  Presi¬ 
dent  and  Secretary. 

And  the  resolution  was  adopted. 

The  Temporary  President  called  Mr.  Trautmann  to  the  chair. 
Whereupon,  Mr.  Lindly  placed  in  nomination  for  President,  Hon. 
rharles  E.  Woodward  of  LaSalle  County. 


8 


JOURNAL  OF  THE 


[Jan.  6, 


There  being  no  other  nominations,  a  call  of  the  roll  was  had,  result¬ 


ing  as  follows : 

Number  of  votes  cast .  98 

For  Mr.  Woodward .  98 


Those  voting  for  Mr.  Woodward  are:  Messrs. 


Barr 

Dove 

Hollenbeck 

Mighell 

Shuey 

Beckman 

Dryer 

Hull 

Miller 

Six 

Brandon 

Dunlap 

Ireland 

Mills 

Smith 

Brenholt 

Dupee,  E.  H. 

Jack 

Moore 

Sneed 

Brewster 

Dupuy,  G.  A. 

Jarman 

Morris 

Stahl 

Carey 

Elting 

Johnson,  L.  C. 

Nichols 

Stewart 

Carlstrom 

Fifer 

Johnson,  W.  A. 

O’Brien 

Sutherland 

Chew 

Frole 

Kerrick 

Paddock 

Taff 

Clarke 

Fyke 

Kunde 

Parker 

Tanner 

Conkling 

Gale 

Latchford 

Pearce 

Todd 

Coolley 

Ganschow 

Lill 

P  incus 

Torrance 

Corcoran 

Garrett 

Lindly 

Potts 

Traeger 

Corlett 

Gee 

Lohman 

Quinn 

Trautmann 

Cruden 

Gilbert. 

Mack 

Revell 

Wall 

Curtis 

Goodyear 

Mayer 

Rinaker 

Warren 

Cutting 

Gorman 

McEwen 

Rosenberg 

Whitman 

Davis 

Gray 

McGuire 

Scanlan 

Wilson 

Dawes 

Green 

Meinert 

Shanahan 

Wolff 

De  Young 

Hamill 

Michaelson 

Shaw 

Woodward, Chas. 

Dietz 

Hogan 

Michal 

Total — 98. 

Mr.  Woodward  having  received  a  majority  of  the  votes  of  the  Dele¬ 
gates  elected,  was  declared  elected  President. 

Mr.  Trautmann  thereupon  appointed  Messrs.  Curtis,  Rinaker  and 
Pearce  as  a  committee  to  conduct  the  President  to  the  chair. 


Whereupon,  the  committee  conducted  the  President,  Hon.  Charles 
E.  Woodward,  to  the  chair. 

The  election  of  a  Secretary  being  the  next  order  of  business. 

Mr.  Scanlan  placed  in  nomination  Mr.  B.  H.  McCann  of  Bloom¬ 
ington. 

There  being  no  other  nominations,  a  call  of  the  roll  was  had,  result¬ 


ing  as  follows: 

Number  of  votes  cast .  98 

For  Mr.  McCann .  98 


Those  voting  for  Mr.  McCann  are: 

Messrs. 

Barr 

Dove 

Iarussi 

Miller 

Six 

Beckman 

Dryer 

Ireland 

Mills 

Smith 

Brandon 

Dunlap 

Jack 

Moore 

Sneed 

Brenholt 

Dupee,  E.  H. 

Jarman 

Morris 

Stahl 

Brewster 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Nichols 

Stewart 

Carey 

Fifer 

Johnson,  W.  A. 

O’Brien 

Sutherland 

Carlstrom 

Frole 

Kerrick 

Paddock 

Taff 

Chew 

Fyke 

Kunde 

Parker 

Tanner 

Clarke 

Gale 

Latchford 

Pearce 

Todd 

Conkling 

Ganschow 

Lill 

P  incus 

Terrance 

Coolley 

Garrett 

Lindly 

Potts 

Traeger 

Corcoran 

Gee 

Lohman 

Quinn 

Trautmann 

Corlett 

Gilbert 

Mack 

Revell 

Wall 

Cruden 

Goodyear 

Mayer 

Rinaker 

Warren 

Curtis 

Gray 

McEwen 

Rosenberg 

Whitman 

Cutting 

Davis 

Green 

McGuire 

Scanlan 

Wilson 

Hamill 

Meinert 

Shanahan 

Wolff 

Dawes 

Hogan 

Michaelson 

Shaw 

Woodward,  Chas. 

De  Young 
Dietz 

Hollenbeck 

Hull 

Michal 

Mighell 

Shuey 

Woodward.  C.  E. 
Total — 98. 

Mr.  McCann  having  received  a  majority  of  the  votes  of  the  Dele¬ 
gates  elected,  was  declared  elected  Secretary. 

Mr.  Gale  offered  the  following  resolution  and  moved  its  adoption: 


1920.] 


CONSTITUTIONAL  CONVENTION. 


9 


Resolution  No.  5. 

Resolved,  That  a  committee  of  ten  members,  of  which  the  President 
shall  be  chairman,  be  appointed  by  the  President,  to  prepare  and  report 
rules  and  procedure,  for  the  government  of  this  Convention. 

And  the  resolution  was  adopted. 

At  the  hour  of  1 :30  o'clock  p.  m.,  Mr.  Brenholt  moved  that  the 
Convention  do  now  take  a  recess  until  3  :30  o’clock  p.  m. 

And  the  motion  prevailed. 

3  :30  o’Clock  P.  M. 

The  hour  of  3:30  o’clock  p.  m.  having  arrived,  the  Convention 
resumed  its  session. 

The  President  presiding. 

Mr.  Corlett  offered  the  following  resolution  and  moved  its  adoption : 

Resolution  No.  6. 

Resolved,  That  the  Secretary,  immediately  after  the  passage  of  this 
resolution,  place  in  a  box  the  name  of  each  Delegate  on  separate  slips  of 
paper;  that  he  then  proceed,  in  the  presence  of  the  Convention,  to  draw 
from  said  box  one  of  the  slips  at  a  time,  and  as  each  slip  is  drawn  he  shall 
announce  the  name  of  the  Delegate  upon  it,  who  shall  then  and  there  choose 
his  permanent  seat  in  the  Convention:  Provided,  that  before  the  drawing 
commences  the  President  shall  cause  every  seat  to  be  vacated,  and  provided 
further,  that  Hon.  Joseph  W.  Fifer,  be  accorded  the  privilege  of  selecting 
his  seat  before  the  drawing  commences. 

And  the  resolution  was  adopted. 

The  members  having  retired  from  the  floor  of  the  Convention  and 
Mr.  Fifer  having  selected  his  seat,  a  like  courtesy  was,  on  motion,  ex¬ 
tended  to  former  Speakers  of  the  House  of  Representatives,  Edward  C. 
Curtis  and  David  E.  Shanahan,  and  to  Messrs.  Cutting,  Torrance  and 

Gilbert. 

The  drawing  having  been  completed,  the  President  announced  the 
appointment  of  the  Committee  on  Rules,  as  follows :  Messrs.  Wood¬ 
ward,  Chairman,  Green,  Shanahan,  Curtis,  Hamill,  Trautmann,  Gale, 
Wall,  Quinn  and  Pearce. 

At  the  hour  of  5  :00  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn  until  10:00  o’clock  a.  m.,  Wednesday,  January 
14,  1920. 

Pending  consideration,  Mr.  Mayer  moved  to  amend  the  motion  to 
read  January  20th,  and  that  a  printed  copy  of  the  tentative  rules  he 
mailed  to  each  Delegate  four  days  prior  to  that  date. 

The  question  being  on  the  adoption  of  the  amendment. 

It  was  decided  in  the  negative. 

The  question  recurring  on  the  adoption  of  the  motion  of  Mr.  Green. 

It  was  decided  in  the  affirmative. 

And  at  the  hour  of  5:15  o’clock  p.  m.,  the  Convention  stood 
adjourned  until  Wednesday,  January  14,  1920,  at  10  :00  o’clock  a.  m. 


10 


JOURNAL  OF  THE 


[Jan.  14, 


WEDNESDAY,  JANUARY  14,  1920,  10:00  O’CLOCK  A.  M. 

'  The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  S.  W.  McFadden  of  the  Westminister 
Presbyterian  Church  of  Springfield. 

The  Journal  of  Tuesday,  January  6,  was  being  read,  when  on 
motion  of  Mr.  Lindly,  the  further  reading  of  the  same  was  dispensed 
with  and  it  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  report 
of  the  Committee  on  Rules. 

Mr.  Davis  moved  that  the  rules  be  read  by  section  and  that  oppor¬ 
tunity  be  given  for  amendment  after  the  reading  of  each  section. 

Mr.  Whitman  moved  as  a  substitute  that  the  rules  be  first  read  at 
large  and  thereafter  taken  up  and  considered  section  by  section. 

The  question  being  on  the  substitute  motion,  it  was  edcided  in  the 
affirmative. 

And  the  report  of  the  Committee  on  Rules  wTas  thereupon  read  at 
large  as  follows : 


Committee  Report. 

Your  committee  appointed  to  draft  rules  for  the  government  of  this 
Convention  respectively  reports  as  follows: 

Three  sessions  of  this  committee  were  held  daily  following  the  adjourn¬ 
ment  on  last  Tuesday,  until  Friday  evening,  and  on  last  Saturday  a  printed 
tentative  draft  of  rules  was  placed  in  the  mail  addressed  to  each  Delegate. 

The  committee  met  again  on  yesterday  and  considered  suggestions 
which  had  been  made  to  the  members  of  the  committee,  md  also  sugges¬ 
tions  which  were  at  that  time  presented  to  it  by  various  Delegates,  for 
changes  and  modifications  in  the  tentative  draft  of  rules  as  originally 
framed. 

As  a  result  of  the  consideration  and  deliberations  of  your  committee  we 
respectively  submit  the  following  draft  of  rules  for  the  government  of  the 
Convention  during  its  sessions,  and  respectively  move  that  the  action  of 
your  committee  be  agreed  to  and  said  rules  be  formally  approved  and 
adopted. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


11 


TABLE  OF  CONTENTS. 

RULES  OF  THE  CONSTITUTIONAL  CONVENTION  OF  ILLINOIS,  1920. 

I.  Officers  of  the  Convention. 

List. 

1.  List  of  officers. 

The  President. 

2.  Calling  convention  to  order. 

3.  Preserving  order. 

4.  Membership  in  committees. 

5.  Appointment  of  committees. 

6.  Calling  another  to  the  chair. 

7.  Voting  by  president. 

8.  Examination  of  journal. 

9.  Signing  writs  of  convention. 

10.  Clearing  the  galleries. 

11.  Employees. 

12.  Secretary  and  employees  under  president’s  control. 

t 

The  Secretary. 

13.  Duties  of  secretary. 

Sergeant-at-Arms. 

14.  Enforcing  rules. 

II.  Sessions  of  the  Convention. 

15.  Hours  of  meeting. 

III.  Proposals. 

16.  No  introduction  after  March  1,  1920. 

17.  How  introduced. 

18.  Proposal  form. 

19.  Reference  of  present  provisions. 

20.  Reference  of  present  provisions  not  changed. 

21.  Withdrawing  proposals  from  committees. 

22.  Order  of  consideration  of  proposals. 

IV.  Order  of  Business. 

23.  Order  of  business. 

24.  Special  orders. 

25.  Special  orders  not  reached. 

V.  Delegates. 

26.  Contests  of  elections. 

27.  Absence  of  delegates. 

28.  Naming  another  in  debate. 

29.  Limitation  of  debate. 

30.  Conduct  during  session. 

31.  Conduct  during  roll  call. 

32.  No  speaking  during  roll  call. 

33.  Explaining  votes. 


12 


JOURNAL  OF  THE 


[Jan.  14, 


VI.  Committees  of  the  Convention. 

34.  List  of  standing  committees. 

35.  Committee  chairman. 

36.  Committee  hearings — Open  to  public. 

37.  Quorum  and  reports. 

38.  Minority  reports. 

39.  Notification  to  introducer  of  proposal. 

40.  Rules  in  committees. 

41.  Approval  >of  expenditures. 

VII.  Committee  of  the  Whole. 

42.  Chairman. 

43.  Order  of  consideration  of  business. 

44.  General  orders  of  the  day. 

45.  Method  of  acting  upon  proposals. 

46.  Motion  that  committee  rise. 

47.  Motion  to  reconsider. 

48.  Rules  in  committee  of  the  whole. 

49.  Closing  debate. 

50.  Quorum  of  committee  of  the  whole. 

VIII.  Publications. 

51.  Publications.- 

IX.  Motions. 

52.  Vote  required  on  certain  motions. 

53.  No  second  required. 

54.  Statement  of  motions. 

55.  Motions  reduced  to  writing. 

56.  Withdrawal  of  motions. 

57.  Precedence  of  motions. 

58.  Motions  to  lay  on  table. 

59.  Previous  question — Effect. 

60.  Filling  blanks. 

61.  Division  of  questions. 

62.  Reconsideration. 

X.  General  Rules. 

63.  Motions  not  germane. 

64.  Quorum — Calls  of  the  convention. 

65.  Mehod  of  calling  the  convention. 

66.  Privileges  of  the  floor. 

67.  Smoking. 

68.  Presentation  of  papers. 

69.  Call  for  yeas  and  nays. 

70.  Calling  in  alphabetical  order. 

71.  Reading  of  papers. 

72.  Petitions  not  to  be  printed. 

73.  Etiquette  of  debate. 

74.  Protests  upon  the  journal. 

75.  Manner  of  putting  questions. 

76.  Appeals  from  decisions  of  the  chair. 

77.  Suspension  of  rules. 

78.  Guide  in  parliamentary  practice. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


13 


I. 

OFFICERS  OF  THE  CONVENTION. 

LIST. 

1.  The  officers  of  the  Convention  shall  be  a  President  and  a  Secretary. 
These  officers  shall  be  elected  by  a  majority  vote  of  all  delegates  elected  to 
the  Convention. 


THE  PRESIDENT. 

2.  The  President  shall  take  the  chair  each  day  at  the  hour  to  which 
the  Convention  shall  have  adjourned.  He  shall  call  the  Convention  to  order 
and  shall  proceed  to  business  in  the  manner  prescribed  by  the  rules. 

3.  The  President  shall  preserve  order  and  decorum;  may  speak  to 
points  of  order  in  preference  to  other  delegates,  and  shall  decide  questions 
of  order,  subject  to  an  appeal  to  the  Convention,  on  which  appeal  no  dele¬ 
gate  shall  speak  more  than  once,  except  by  leave  of  the  Convention. 

4.  He  shall  be  ex-officio  member  and  chairman  of  the  Committee  on 
Rules  and  Procedure,  and  shall  be  ex-officio  member  of  all  committees  of  the 
Convention  to  which  he  shall  not  have  been  specifically  appointed. 

5.  He  shall  appoint  all  committees,  except  where  the  Convention  shall 
otherwise  order. 

6.  He  may  substitute  any  delegate  to  perform  the  duties  of  the  Chair, 
but  not  for  a  longer  time  than  one  week,  except  by  leave  of  the  Convention. 

7.  He  may  vote  on  all  elections  or  divisions  called  for  by  any  dele¬ 
gate,  and  on  all  questions  taken  by  yeas  and  nays,  except  on  appeals  from  his 
decisions. 

8.  He  shall  examine  and  correct  the  Journal  before  it  is  read;  and 
the  same  shall  be  printed  and  placed  upon  the  desks  of  the  delegates.  He 
shall  have  general  direction  of  the  hall. 

9.  All  writs,  warrants  and  subpoenas  issued  by  order  of  the  Con¬ 
vention  shall  be  under  the  hand  of  the  President  and  attested  by  the 
Secretary. 

10.  In  case  of  any  disturbance  or  disorderly  conduct  on  the  floor  of  the 
Convention,  in  the  lobby  or  galleries,  by  the  spectators,  the  President  or 
the  chairman  of  the  Committee  of  the  Whole  shall  have  power  to  order  the 
floor,  the  lobby  or  galleries  to  be  cleared  of  spectators. 

11.  The  President  shall  appoint  the  Sergeant-at-Arms  and  all  other 
employees,  shall  prescribe  their  duties  and  fix  the  hours  of  their  employ¬ 
ment.  The  number  of  such  employees  and  their  compensation  shall  be  de¬ 
termined  or  fixed  by  resolution  passed  by  a  majority  vote  of  the  delegates 
elected  to  the  Convention.  The  committee  rooms  shall  be  under  the  control 
of  the  President  and  shall  be  assigned  by  him  to  the  several  committees. 
All  orders  for  the  payment  of  salaries,  mileage  and  other  expenses  shall 
be  approved  by  the  President.  No  extra  compensation,  allowance  or  per¬ 
quisites  shall  be  voted  to  any  officer  or  employee  of  the  Convention. 

12.  In  the  performance  of  their  duties  the  Secretary  and  all  employees 
shall  be  under  the  supervision  of  the  President. 

THE  SECRETARY. 

13.  The  Secretary  shall  keep  the  Journal  of  the  Convention,  and  of 
the  Committee  of  the  Whole  and  shall  superintend  the  printing  thereof.  He 
shall  call  the  roll  whenever  it  shall  be  ordered  and  record  the  vote.  Sub- 


14 


JOURNAL  OF  THE 


[Jan.  14, 


ject  to  the  control  of  the  President  he  shall  be  the  custodian  of  the  records 
of  the  Convention,  and  under  the  direction  of  the  President  he  shall  perform 
the  customary  duties  of  clerks  or  secretaries  of  deliberative  assemblies, 
and  such  other  duties  as  shall  be  ordered  by  the  Convention  or  the  Presi¬ 
dent. 


SERGEANT-AT-ARMS. 

14.  Subject  to  the  direction  of  the  President,  the  Sergeant-at-Arms 
shall  enforce  the  rules  of  the  Convention.  He  shall  be  especially  charged 
with  enforcing  the  rules  as  to  admission  to  the  Convention  hall. 

II. 

SESSIONS  OF  THE  CONVENTION. 

15.  Ten  o’clock  in  the  morning  shall  be  the  standing  hour  to  which  the 
Convention  shall  adjourn  unless  otherwise  ordered  by  a  majority  vote. 

III. 

PROPOSALS. 

16.  After  the  1st  day  of  March,  1920,  no  proposal  shall  be  introduced 
except  on  the  report  or  recommendation  of  a  standing  or  select  committee. 

17.  Delegates  may  introduce  proposals  by  presenting  the  same  from 
the  floor  of  the  Convention  on  the  proper  order  of  business.  The  pro¬ 
posals  shall  be  sent  in  duplicate  by  the  introducer  to  the  Secretary’s  desk, 
numbered  by  the  Secretary  and  handed  to  the  President;  if  in  proper  form 
the  same  shall  at  the  next  session  of  the  Convention,  be  read  the  first  time 
and  referred  by  the  President  to  the  appropriate  committee;  if  such  pro¬ 
posal  is  not  in  proper  form,  the  same  shall  be  by  the  President  referred 
back  to  the  introducer  with  an  oral  statement  from  the  chair  explaining 
defects  in  form. 

“Each  proposal  shall  be  single  as  to  subject  matter,  shall  bear  an  appro¬ 
priate  title,  and,  when  read  and  referred  to  committee,  shall  he  printed  and 
by  title  and  number  spread  upon  the  Journal.” 

18.  Proposals  shall  be  in  substantially  the  following  form: 

Constitutional  Convention,  Proposal  No . . ,1920 

Introduced  by  Mr . .- . ,Jan . 1920. 

A  proposal  to  (here  insert  title). 

Resolved,  That  the  following  shall  become  a  part  of  the  Constitution  of 
Illinois. 

or 

Resolved,  That  Section . of  Article . of  the  Constitution  of  1870 

now  in  force  be  omitted  from  the  proposed  revised  Constitution. 

19.  All  provisions  of  the  present  Constitution  shall  be  referred  to  the 
Appropriate  Committees  for  consideration  and  report.  The  Committee  on 
Rules  and  Procedure  shall  prepare  a  list  designating  the  parts  of  the  Con¬ 
stitution  to  be  refered  to  each  committee;  and  such  list  shall  be  reported  to 
the  Convention,  and  shall  control  unless  the  Convention  shall  otherwise 
determine. 

20.  When  a  committee  has  reported  that  no  amendments  should  be 
made  to  the  provisions  of  the  existing  Constitution  relating  to  any  specified 
subject,  and  such  report  is  agreed  to,  all  proposals  for  Constitutional  amend¬ 
ment  relating  to  that  subject  which  have  been  referred  to  that  committee 
shall  be  considered  as  rejected.  The  proposals  affected  by  this  rule  shall, 
however,  be  reported  by  the  committee  to  the  Convention  with  a  statement 
to  this  effect.  All  provisions  of  the  present  Constitution  for  which  no 
amendment  or  substituted  provision  shall  ha  ye  been  passed  by  the  Conven¬ 
tion,  shall  stand  referred  to  the  Committee  on  Phraseology  and  style,  and  by 


1920.] 


CONSTITUTIONAL  CONVENTION. 


15 


said  committee  combined  and  coordinated  with  the  other  proposals  approved 
and  passed  by  the  Convention  as  constituting  the  revised  Constitution  as  a 
unit,  and  incorporated  in  the  report  of  the  said  committee  as  required  by 
Paragraph  8  of  Rule  22. 

21.  The  several  committees  shall  consider  and  report  without  unneces¬ 
sary  delay  upon  the  respective  matters  referred  to  them  by  the  Convention. 
The  Convention  by  a  vote  of  a  majority  of  the  delegates  elected  thereto, 
may,  upon  the  motion  of  any  delegate,  require  any  committee  to  report  upon 
any  proposal  that  has  been  committed  to  it,  or  may  withdraw  the  proposal 
from  the  committee.  Any  proposal  withdrawn  from  committee  by  a  vote 
of  the  Convention  shall  be  regarded  as  in  the  same  parliamentary  status  as 
if  reported  favorably  by  the  committee. 

22.  The  regular  order  to  be  taken  for  proposals  introduced  in  the 
Convention  shall  be  as  follows: 

1.  Introduction;  first  reading  and  reference  to  a  committee  by  the 
President,  unless  otherwise  ordered  by  a  majority  of  the  delegates 
present. 

2.  Report  of  committee  and  placing  on  the  general  orders. 

3.  Consideration  in  Committee  of  the  Whole  in  order  of  reference. 

4.  Report  by  the  Committee  of  the  Whole  to  the  Convention  and 
reference  by  the  Convention  to  the  Committee  on  Phraseology  and 

Style. 

5.  Report  of  Committee  on  Phraseology  and  Style  upon  the  spe¬ 
cific  proposals  referred  to  it. 

6.  Second  reading;  vote  on  passage,  the  vote  to  be  taken  by  yeas 
and  nays  and  entered  on  the  Journal;  no  favorable  action  to  be  taken 
unless  a  majority  of  all  the  delegates  elected  shall  have  voted  in  favor 
of  the  same. 

7.  Re-reference  to  Committee  on  Phraseology  and  Style,  for  action 
as  provided  by  Rule  20. 

8.  Report  by  Committee  on  Phraseology  and  Style,  on  all  pro¬ 
posals  as  a  unit. 

9.  Reference  of  the  report  of  the  Committee  on  Phraseology  and 
Style  to  the  Committee  of  the  Whole  where  it  shall  be  subject  to  amend¬ 
ment  as  to  matter  of  form  only. 

10.  Report  by  Committee  of  the  Whole  and  by  a  vote  of  a  major¬ 
ity  of  delegates  elected  to  the  Convention,  placing  on  the  order  of  third 

reading. 

11.  Third  reading  and  passage  as  a  whole.  Upon  such  passage  the 
yeas  and  nays  shall  be  taken  and  entered  on  the  Journal.  A  majority  vote 
of  all  Delegates  elected  shall  be  required  for  passage  and  adoption.  Upon 
third  reading  no  amendments  shall  be  in  order  without  unanimous  consent. 

IV. 

ORDER  OF  BUSINESS. 

23.  On  the  meeting  of  the  Convention,  the  order  of  business  shall  be  as 

follows: 

Opening  Prayer. 

Reading  of  the  Journal. 

Special  orders  of  the  day. 

Reports  of  Standing  Committees. 

Reports  of  Select  Committees. 

Introduction  of  proposals. 

First  reading  and  reference  of  proposals. 

Second  reading  of  proposals. 

Motions  and  resolutions. 

Unfinished  business. 

General  orders  of  the  day. 

24.  Any  matter  may  be  made  a  special  order  for  a  particular  hour  of 
any  day,  by  a  majority  of  the  delegates  elected.  The  Committee  on  Rules 


16  journal  of  the  [Jan.  14, 

and  Procedure  may  report  a  special  order,  which  special  order  shall  take 
the  place  of  the  regular  order. 

25.  Any  subject  matter  having  been  made  the  special  order  for  a  par¬ 
ticular  day,  and  not  having  been  reached  on  that  day,  the  same  shall  come 
up  on  the  order  of  “Unfinished  Business”  the  next  succeeding  session. 

V. 

DELEGATES. 

26.  No  protest  or  petition  contesting  the  election  of  any  delegate  shall 
be  received  or  considered  unless  filed  within  fifteen  days  from  and  after 
the  opening  of  the  Convention. 

27.  No  delegate  shall  absent  himself  from  the  sessions  of  the  Con¬ 
vention  unless  he  have  leave  or  be  ill  or  his  absence  be  otherwise  unavoid¬ 
able. 

28.  No  delegate  shall  name  another  delegate  in  debate. 

29.  No  delegate  shall  speak  more  than  once  on  the  same  question, 
without  leave  of  the  Convention,  unless  he  be  the  mover  of  the  matter 
pending  or  chairman  of  the  committee  which  reported  the  same,  in  which 
case  he  shall  be  privileged  to  close  the  debate  even  though  he  may  have 
already  spoken  or  the  previous  question  have  been  ordered. 

30.  No  delegate  shall  indulge  in  the  reading  of  newspapers  during  a 
session  of  the  Convention.  While  the  President  is  putting  any  question, 
while  the  Secretary  is  calling  the  roll,  or  while  any  delegate  is  speaking, 
no  delegate  shall  walk  out  of  or  across  the  hall,  entertain  private  discourse 
or  pass  between  the  Speaker  and  the  Chair. 

31.  No  person  shall  visit  or  remain  at  the  Secretary’s  desk  while  the 
yeas  and  nays  are  being  called. 

32.  After  a  question  has  been  stated  by  the  President,  and  the  calling 
of  the  roll  has  been  begun,  the  President  shall  not  recognize  a  delegate  for 
any  purpose,  except  upon  points  of  order,  or  questions  of  privilege,  until 
after  the  announcement  of  the  vote,  but  he  shall  preserve  order  and  shall 
direct  delegates  who  are  not  in  their  seats  to  resume  the  same. 

33.  An  explanation  of  a  vote  shall  not  be  in  order,  unless  made  before 
the  Convention  divides,  or  before  the  call  of  the  yeas  and  nays  is  commenced. 

vi. 

COMMITTEES  OF  THE  CONVENTION. 

34.  The  President  shall  appoint  the  following  standing  committees: 

Bill  of  Rights,  consisting  of  15  members. 

Chicago  and  Cook  County,  consisting  of  15  members. 

Corporations  and  Cooperative  Associations,  consisting  of  15  members. 

County  and  Township  Government,  consisting  of  11  members. 

Distinction  Between  Constitutional  and  Legislative  Subjects,  con¬ 
sisting  of  7  members. 

Education,  consisting  of  9  members. 

Executive  Department,  consisting  of  15  members. 

Expenditures  and  Supplies,  consisting  of  5  members. 

Future  Amendment  of  the  Constitution,  consisting  of  11  members. 

Industrial  Affairs,  Agriculture  and  Labor,  consisting  of  15  members. 

Initiative,  Referendum  and  Recall,  consisting  of  15  members. 

Judicial  Department,  consisting  of  15  members. 

Legislative  Department,  consisting  of  15  members. 

Military  Affairs,  consisting  of  9  members. 

Miscellaneous  Subjects,  consisting  of  11  members. 

Municipal  Government,  consisting  of  15  members. 

Phraseology  and  Style,  consisting  of  7  members. 

Public  Works  and  Improvements,  consisting  of  9  members. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


17 


Qualifications  and  Election  of  Delegates,  consisting  of  9  members. 

Revenue,  Taxation  and  Finance,  consisting  of  15  members. 

Rules  and  Procedure,  consisting  of  10  members  including  the 
President. 

Schedule,  consisting  of  7  members. 

Submission  and  Address,  consisting  of  15  members. 

Suffrage,  consisting  of  9  members. 

35.  The  first  named  member  of  any  committee  shall  be  the  chairman. 

36.  No  committee  shall  sit  during  the  sessions  of  the  Convention 
without  special  leave.  All  committee  hearings  shall  be  open  to  the  public. 

37.  A  majority  of  a  committee  shall  constitute  a  quorum.  All  reports 
of  committees  shall  be  in  writing  and  shall  be  signed  by  at  least  a  majority 
of  the  members  of  the  committee.  Such  reports  when  made  shall  be  spread 
upon  the  Journal  forthwith.  All  reports  of  committees  upon  proposals 
shall  be  accompanied  by  all  the  papers  in  relation  thereto. 

Every  committee  report  upon  proposals,  shall  be  in  proper  sectional 
form  and  shall  contain  no  reasons  for  such  proposal,  nor  any  recital  of 
facts  which  may  have  led  to  the  report;  but  the  committee  or  a  reporting 
minority  thereof,  if  it  choose,  may  present  on  separate  paper  a  recital  of 
facts  with  an  argument,  which,  however,  shall  not  be  entered  on  the  Jour¬ 
nal,  except  when  ordered  by  the  Convention. 

38.  The  report  of  a  minority  of  any  committee  shall  be  received  and 
printed  in  the  Journal. 

39.  When  any  proposal  is  about  to  be  considered  by  a  committee,  the 
introducer  of  such  proposal  shall  be  notified  of  the  time  and  place  where 
such. proposal  shall  be  considered  by  such  committee. 

40.  The  rules  of  the  Convention  shall  be  observed  in  all  committees 
as  far  as  may  be  applicable,  and  each  committee  shall  keep  a  record  of  its 
proceedings. 

41.  The  Committee  on  Expenditure  and  Supplies  shall  approve  all  bills 
entailing  the  expenditure  of  funds. 

VII. 

COMMITTEE  OF  THE  WHOLE. 

42.  In  forming  a  Committee  of  the  Whole  Convention,  the  President 
shall  leave  the  Chair,  and  a  chairman  to  preside  in  the  committee  shall 
be  appointed  by  the  President. 

43.  Reports  of  standing  committees,  when  received  by  the  Convention, 
shall  lie  on  the  table  and  be  printed,  and,  when  referred  to  the  Committee 
of  the  Whole,  they  shall,  unless  otherwise  ordered  by  the  committee,  be 
taken  up  in  their  order  and  shall  be  the  standing  order  for  the  Committee 
of  the  Whole  on  each  succeeding  day.  This  rule  shall  not  control  in  case 
a  special  order  is  adopted  in  accordance  with  the  rules  of  the  Convention. 

44.  When  the  Convention  shall  have  arrived  at  the  “General  orders  of 
the  Day”,  it  shall  go  into  Committee  of  the  Whole  upon  such  orders,  or  upon 
a  special  order  and,  except  in  the  absence  of  a  special  order,  the  Committee 
of  the  Whole  shall  consider,  act  upon  or  pass  the  general  orders,  accord¬ 
ing  to  the  order  of  their  reference. 

45.  Proposals  submitted  to  the  Committee  of  the  W'hole  shall  first  be 
read  through,  and  then  read  and  acted  upon  by  sections.  All  amendments 
shall  be  entered  on  separate  paper,  and  so  reported  to  the  Convention  by 
the  chairman. 

46.  A  motion  that  the  committee  arise  shall  always  be  in  order  and 
shall  be  decided  without  debate. 

47.  A  motion  to  reconsider  shall  be  in  order  in  Committee  of  the 

Whole. 

48.  The  rules  of  the  Convention  shall  be  observed  in  Committee  of  the 
Whole,  so  far  as  they  may  be  applicable,  except  that  the  vote  of  a  majority 

— 2  C  J 


18 


JOURNAL  OF  THE 


[Jan.  14,  • 


of  said  committee  shall  govern  its  action;  it  can  not  refer  matters  to  any 
other  committee;  it  can  not  adjourn;  the  previous  question  shall  not  be 
enforced;  the  yeas  and  nays  shall  not  be  called;  a  motion  to  postpone 
indefinitely  shall  not  be  in  order;  a  member  may  speak  more  than  once. 
A  Journal  of  the  proceedings  in  Committee  of  the  Whole  shall  be  kept  as 
in  Convention,  and  debates  of  the  Committee  of  the  Whole  shall  be  re¬ 
ported  in  the  same  manner  as  debates  in  Convention. 

49.  The  Committee  of  the  W'hole  may  at  any  time  close  debate,  and 
bring  on  a  direct  vote  on  any  pending  proposition  by  a  majority  of  two- 
thirds  of  the  committee;  and  any  motion  to  that  end  shall  not  be  debatable. 

50.  A  majority  of  all  delegates  elected  to  the  Convention  shall  con¬ 
stitute  a  quorum  of  the  Committee  of  the  Whole.  When  it  shall  appear  on 
a  division  that  a  quorum  is  not  present,  the  chairman  shall  dissolve  the 
committee  and  the  President  shall  resume  the  Chair. 

The  committee  shall  have  the  same  powers  as  the  Convention  to  enforce 
the  attendance  of  members;  and  the  Secretary  and  Sergeant-at-Arms  shall 
be  the  Secretary  and  Sergeant-at-Arms  respectively  of  the  Committee  of  the 
Whole. 


VIII. 

PUBLICATIONS. 

51.  Under  the  supervision  of  the  Secretary  a  daily  Journal  shall  be 
printed  and  placed  upon  the  desks  of  the  delegates.  The  debates  of  each  day 
shall  be  printed  under  the  supervision  of  the  President  and  placed  upon 
the  desks  of  the  delegates  as  promptly  as  possible. 


IX. 

MOTIONS. 


52.  All  resolutions  or  motions  calling  for  the  appointment  of  com¬ 
mittees,  or  involving  the  expenditure  of  money,  or  involving  the  right  of 
a  delegate  to  a  seat  in  the  Convention  shall  require  the  concurrence  of  a 
majority  of  all  the  delegates  elected,  with  a  yea  and  nay  vote  taken  and 
entered  on  the  Journal.  No  resolution  or  motion  involving  the  expenditure 
of  money  shall  be  adopted  without  first  having  been  referred  to  the  Com¬ 
mittee  on  Expenditures  and  Supplies  for  consideration  and  report. 

53.  No  second  shall  be  required  to  any  motion  presented  to  the  Con¬ 
vention. 

54.  When  a  motion  is  made  it  shall  be  stated  by  the  President,  or 
being  in  writing,  it  shall  be  handed  to  the  Secretary  and  read  aloud  before 
being  debated. 

55.  Every  motion  shall  be  reduced  to  writing,  if  the  President  or  any 
delegate  shall  request  it,  and  shall  be  entered  upon  the  Journal,  together 
with  the  name  of  the  delegate  making  it,  unless  withdrawn  or  ruled  out  of 
order  by  the  President. 

56.  After  a  motion  has  been  stated  by  the  President  or  read  by  the 
Secretary,  it  shall  be  deemed  to  be  in  the  possession  of  the  Convention,  but 
may  be  withdrawn  at  any  time  before  decision  or  amendment,  by  leave  of 


the  Convention. 

57.  When  a  question  is  under  debate,  no  motion  shall  be  received  but; 
To  adjourn. 

To  take  a  recess. 

„Not  amendable  or  debatable. 


1. 

2. 

3. 

4. 

5. 


For  a  call  of  the  convention. 
To  lay  on  the  table. 

For  the  previous  question. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


19 


6.  To  postpone  indefinitely,  not  amendable  but  debatable. 

7.  To  postpone  to  a  day  certain.^ 

8.  To  commit.  ^.Precludes  debate  on  main  question. 

9.  To  amend.  J 

Which  several  motions  shall  take  precedence  in  the  order  in  which  they 
stand  arranged.  When  a  recess  is  taken  during  the  pendency  of  any  ques¬ 
tion,  the  consideration  of  such  question  shall  be  resumed  upon  reassembling, 
unless  otherwise  determined.  No  motion  to  postpone  to  a  day  certain,  to 
commit,  or  to  postpone  indefinitely,  being  decided,  shall  be  again  allowed  on 
the  same  day  and  at  the  same  stage  of  the  question. 

58.  A  motion  to  lay  any  particular  proposition  on  the  table  shall  apply 
to  that  particular  proposition  only. 

59.  The  previous  question  shall  be  put  in  this  form: 

“Shall  the  main  question  be  now  put?”  And  until  it  is  decided,  shall 
preclude  all  amendments  or  debate.  When  it  is  decided  that  the  main  ques¬ 
tion  shall  not  now  be  put,  the  main  question  shall  be  considered  as  still  re¬ 
maining  under  debate. 

The  effect  of  the  main  question’s  being  ordered  shall  be  to  put  an  end 
to  all  debate,  and  bring  the  Convention  to  a  direct  vote  upon  all  amendments 
reported  or  pending  in  the  inverse  order  in  which  they  have  been  offered, 
and  then  upon  the  main  question.  After  the  motion  for  the  previous  ques¬ 
tion  has  prevailed,  it  shall  not  be  in  order  to  move  for  a  call  of  the  Conven¬ 
tion  unless  it  shall  appear  by  yeas  and  nays  that  no  quorum  is  present  (and 
if  a  call  of  the  Convention  is  ordered  it  shall  continue  in  effect  until  the  vote 
on  the  main  question  has  been  taken) ;  or  to  move  to  adjourn  prior  to  a 
decision  of  the  main  question;  provided,  if  a  motion  to  postpone  or  to  com¬ 
mit  is  pending  the  only  effect  of  the  previous  question  shall  be  to  bring 
the  Convention  to  a  vote  upon  such  motion. 

60.  When  a  blank  is  to  be  filled,  and  different  sums  or  times  are  pro¬ 
posed,  the  question  shall  first  be  put  on  the  largest  sum  and  longest  time. 

61.  Any  delegate  may  call  for  a  division  of  the  question,  when  divisible, 
but  a  motion  to  strike  out  and  insert  shall  be  indivisible. 

62.  When  a  question  has  been  once  put  and  carried  in  the  affirmative 
or  negative,  it  shall  be  in  order  for  a  member  of  the  majority  to  move  for 
reconsideration  thereof,  or  give  notice  that  he  will  make  such  motion,  but 
no  motion  for  the  reconsideration  of  any  vote  shall  be  in  order  unless  on 
the  same  or  the  next  day  of  actual  session  of  the  Convention.  A  motion  to 
reconsider  shall  take  precedence  of  all  other  questions  except  a  motion  to 
adjourn. 

63.  No  motion  or  proposition  on  a  subject  different  from  the  one  under 
consideration  shall  be  admitted  under  color  of  an  amendment  or  substitute. 

X. 

GENERAL  RULES. 

64.  A  majority  of  all  delegates  elected  to  the  Convention  shall  con¬ 
stitute  a  quorum,  but  a  smaller  number  may  adjourn  from  day  to  day  or  for 
less  time  than  one  day,  and  compel  the  attendance  of  absent  delegates.  A 
call  of  the  Convention  may  be  made  for  the  purpose  of  obtaining  a  quorum; 
or  for  the  purpose  of  securing  the  attendance  of  absent  delegates,  even 
though  a  quorum  be  present. 

65.  Upon  a  call  of  the  Convention,  the  names  of  the  delegates  shall  be 
called  by  the  Secretary  and  the  absentees  noted,  after  which  the  names  of 
the  absentees  shall  again  be  called,  the  doors  shall  then  be  shut,  and  those 
for  whom  insufficient  or  no  excuses  are  made,  may,  by  order  of  those 
present,  be  taken  into  custody  as  they  appear,  or  may  be  sent  for  and  taken 
into  custody,  wherever  found  by  the  Sergeant-at-arms.  When  a  call  of  the 
Convention  has  been  ordered,  the  Sergeant-at-arms  shall  permit  no  delegate 
to  leave  the  hall  of  the  Convention. 

66.  No  person,  other  than  delegates,  officers  and  employees  of  the 
Convention,  the  elected  State  Officers  of  the  Executive  department,  the  Sec- 


20 


JOUBNAL  OF  THE 


[Jan.  14, 


retary  to  the  Governor  and  the  Judges  and  Clerk  of  the  Supreme  Court, 
shall  be  entitled  to  remain  on  the  floor  of  the  Convention  while  it  is  in 
session.  Representatives  of  the  Press  while  the  Convention  is  in  session 
shall  have  access  to  the  galleries  and  places  allotted  to  them  by  the  Presi¬ 
dent. 

67.  No  smoking  shall  be  allowed  in  the  hall,  lobbies  or  galleries. 

68.  Every  delegate  presenting  a  paper  containing  subject  matter  for 
the  consideration  of  the  Convention  shall  endorse  the  same  with  a  brief 
statement  of  its  subject  or  contents,  adding  his  name. 

69.  Upon  the  demand  of  five  delegates,  which  may  be  oral  or  in 
writing,  and  made  before  or  after  a  viva  voce  vote,  or  before  or  after  a 
division,  the  yeas  and  nays  shall  be  taken  on  any  question,  and  entered 
upon  the  Journal.  Such  demand  shall  be  made  before  proceeding  to  other 
business. 

70.  Upon  a  call  of  the  Convention  for  the  yeas  and  nays  on  any  ques¬ 
tion  the  names  of  the  delegates  shall  be  called  in  alphabetical  order. 

71.  When  the  reading  of  a  paper  is  called  for,  and  the  same  is  objected 
to  by  any  delegate,  the  question  shall  be  determined  by  a  vote  of  the  Con¬ 
vention. 

72.  No  memorial,  remonstrance  or  petition  shall  be  printed  in  full  in 
the  daily  Journal  unless  ordered  by  the  Convention. 

73.  Whenever  any  delegate  is  about  to  speak  in  debate  or  deliver  any 
matter  to  the  Convention,  he  shall  rise  in  his  seat  and  respectfully  address 
himself  to  “Mr.  President,”  and  confine  himself  to  the  question  under  de¬ 
bate,  and  avoid  personalities,  and  no  motion  shall  be  considered  in  order 
unless  made  from  the  seat  allotted  to  the  delegate. 

74.  Any  two  or  more  delegates  shall  have  the  liberty  to  dissent  from, 
and  protest,  in  respectful  language,  against  any  act  taken  or  resolution 
adopted  which  they  shall  think  injurious  to  the  public  or  any  individual, 
and  have  the  reasons  for  their  dissent  entered  upon  the  Journal. 

75.  Questions  shall  be  put  substantially  in  this  form,  viz:  “As  many 
as  are  of  the  opinion  that”  (as  the  case  may  be)  “say  ‘aye,’”  and,  after  the 
affirmative  vote  is  expressed,  “As  many  as  are  of  the  contrary  opinion 
say  ‘No’”.  If  the  President  doubts,  or  if  a  division  be  called  for,  the  Con¬ 
vention  shall  divide;  those  in  the  affirmative  shall  first  rise  from  their 
seats,  and  afterwards  those  in  the  negative. 

76.  On  all  appeals  from  the  decisions  of  the  Chair,  (which  must  be 
seconded)  the  question  shall  be  “Shall  the  judgment  of  the  Chair  stand  as 
the  judgment  of  the  Convention?”  which  shall  be  decided  by  a  rising  vote, 
unless  otherwise  ordered  by  the  Convention. 

77.  No  rule  shall  be  suspended  without  the  vote  on  roll  call  or  divis¬ 
ion,  of  two-thirds  of  the  delegates  present;  nor  shall  any  rule  be  altered 
or  amended  without  one  day’s  notice  being  given  of  the  motion  thereof, 
and  the  vote  on  roll  call  of  a  majority  of  the  delegates  elected,  but  any 
amendment  or  alteration  reported  by  the  Committee  on  Rules  and  Pro¬ 
cedure  may  be  adopted  at  any  time  on  roll  call  or  division  by  a  majority 
of  the  delegates  elected. 

78.  The  rules  of  parliamentary  practice  comprised  in  Cushing’s  Law 
and  Practice  of  Legislative  Assemblies,  shall  govern  the  Convention  in  all 
cases  in  which  they  are  applicable  and  in  which  they  are  not  inconsistent 
with  the  rules  of  the  Convention. 

79.  The  provisions  of  an  act  entitled:  “An  Act  to  assemble  a  Con¬ 
vention  to  revise,  alter  or  amend  the  Constitution  of  the  State  of  Illinois,” 
approved  June  21,  1919,  shall  obtain  and  control  in  all  respects  insofar  as 
same  applies  to  the  acts  or  proceedings  of  this  Convention,  in  the  same 
manner  as  if  such  provision  or  provisions  was  or  were  incorporated  herein 
as  part  hereof  and  as  supplemental  hereto.  That  no  rule,  act  or  proceeding 
of  this  Convention  shall  be  construed  to  in  any  manner  conflict  with  or 
contradict  any  of  the  provisions  of  said  act. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


21 


The  Secretary  then  proceeded  to  take  up  the  rules  numerically, 
section  by  section,  for  consideration  as  follows: 

Section  1.  No  change. 

Section  2.  No  change. 

Section  3.  No  change. 

Section  4.  No  change. 

Section  5.  No  change. 

Section  6. 

Mr.  Michaelson  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  1. 


Amend  section  6,  by  striking  out  the  words  “one  week”  and  inserting 
in  lieu  thereof  the  words  “one  day.” 


The  question  being  on  the  adoption  of  the  amendment. 
It  was  decided  in  the  negative. 


Section  7. 
Section  8. 
Section  9. 
Section  10. 
Section  11. 
Section  12. 
Section  13. 
Section  14. 
Section  15. 


No  change. 
No  change. 
No  change. 
No  change. 
No  change. 
No  change. 
No  change. 
No  change. 


Mr.  Michal  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  2. 

Amend  section  15  by  substituting  therefor  the  following:  “The  Con¬ 
vention  shall  be  in  session  upon  Tuesdays,  Wednesdays  and  Thursdays  of 
each  and  every  week  from  10:00  o’clock  a.  m.,  to  5:00  o’clock  p.  m.,  unless 
otherwise  ordered  by  a  majority  of  the  delegates. 

The  question  being  on  the  adoption  of  the  amendment. 

It  was  decided  in  the  negative. 

At  the  hour  of  12 :30  o’clock  p.  m.,  Mr.  Lindly  moved  that  the 
Convention  do  now  take  a  recess  until  2  :30  o’clock  p.  m. 

And  the  motion  prevailed. 


2  :30  o'Clock  P.  M. 

The  hour  of  2:30  o’clock  p.  m.  having  arrived,  the  Convention 
resumed  its  session. 

The  President  presiding. 

The  order  of  business  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  the  report  of  the  Committee  on  Rules,  the  same  was  again 

taken  up. 

Section  16.  No  change. 

Section  17.  No  change. 

Section  18.  No  change. 

Section  19.  No  change. 

Section  20. 


22  journal  of  the  [Jan.  14, 

Mr.  Jarman  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  3. 

Insert  after  the  word  “rejected,”  in  line  5  of  Rule  20  the  following: 
“Provided,  that  no  such  report  shall  be  made  by  any  committee  prior  to  the 
first  day  of  March,  1920.” 

The  question  being  on  the  adoption  of  the  amendment. 

It  was  decided  in  the  negative. 

Section  21.  No  change. 

Section  22.  No  change. 

Section  23.  No  change. 

Section  24.  No  change. 

Section  25. 

Mr.  Dunlap  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  4. 

Amend  section  25  by  striking  out  the  word  “unfinished”  in  the  last  line 
of  said  section  and  inserting  between  the  words  “the”  and  “order”  the  word 
“same”  and  by  adding  the  following  at  the  end  of  said  section:  “after  the 
special  orders  theretofor  set  for  such  succeeding  day.” 

The  question  being  on  the  adoption  of  the  amendment. 

It  was  decided  in  the  affirmative. 

Section  26.  No  change. 

Section  27. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  5. 


Amend  section  27  by  adding  the  following:  “and  every  Delegate  within 
the  bar  of  the  Convention  when  a  question  is  stated  from  the  Chair  shall 
vote  thereon,  unless  he  be  excused  by  the  Convention.” 


The  question  being  on  the  adoption  of  the  amendment. 
It  was  decided  in  the  negative. 


Section  28. 
Section  29. 
Section  30. 
Section  31. 
Section  32. 
Section  33. 


No.  change. 
No.  change. 
No.  change. 
No.  change. 
No.  change. 


Mr.  Jarman  offered  the  following 
adoption : 


amendment  and  moved  its 


Amendment  No.  6. 

Amend  section  33  as  follows:  Strike  out  all  after  the  figure  33,  and 
insert  the  following:  “A  request  to  be  excused  from  voting,  or  an  explana¬ 
tion  of  a  vote  by  any  Delegate  shall  be  a  question  of  privilege;  and  any 
member  requesting  to  be  excused  from  voting,  or  desiring  to  explain  his 
vote,  may  make,  when  his  name  is  called,  a  brief  statement  of  his  reasons 
for  making  such  request,  or  an  explanation  of  his  vote,  not  exceeding  three 


1920.] 


CONSTITUTIONAL  CONVENTION. 


23 


minutes  in  time,  and  the  Convention,  without  debate,  shall  decide  if  it  will 
grant  such  request  to  be  excused  from  voting;  but  nothing  in  this  rule 
contained  shall  abridge  the  right  of  any  member  to  record  his  vote  on  any 
question  previous  to  the  announcement  of  the  result.” 

The  question  being  on  the  adoption  of  the  amendment. 

It  was  decided  in  the  negative. 

Section  34. 

Mr.  Dunlap  offered  the  following  amendment  and  moved  its 

adoption : 

Amendment  No.  7. 

Amend  section  34  by  striking  out  the  word  “agriculture”  in  line  12  and 
by  creating  an  additional  committee  to  be  known  as  the  Committee  on 
Agriculture  consisting  of  15  members. 

Pending  consideration,  Mr.  Rinaker  offered  the  following  substi¬ 
tute  and  moved  its  adoption : 

Amend  section  34  in  line  12  by  striking  out  the  words  “Industrial  Affairs, 
Agriculture  and  Labor”  and  inserting  in  lieu  thereof  the  words  “Economic 
Relations.” 

Mr.  Dunlap  moved  to  lay  the  substitute  on  the  table. 

And  the  question  being  on  the  motion  to  table. 

It  was  decided  in  the  affirmative. 

The  question  recurring  on  the  adoption  of  Amendment  No.  7,  a 
division  was  had  resulting  as  follows;  Yeas,  53;  nays,  36. 

And  Amendment  No.  7  was  adopted. 

Mr.  Scanlan  offered  the  following  amendment  and  moved  its 

adoption : 


Amendment  No.  8. 

Amend  section  34,  in  line  14  by  striking  out  the  figures  “15”  and  insert¬ 
ing  in  lieu  thereof  the  figures  “21.” 

The  question  being  on  the  adoption  of  the  amendment. 

It  was  decided  in  the  negative. 

Section  35.  No  change. 

Section  36. 

Mr.  Dove  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  9. 

Amend  section  36,  by  inserting  after  the  last  word,  “public”  the  follow¬ 
ing:  Any  person  who  desires  to  appear  before  any  of  the  standing  or  select 
committees  of  this  Convention  for  the  purpose  of  presenting  arguments  for 
or  against  any  proposition  committed  to  the  consideration  of  any  com¬ 
mittee  of  the  Convention  or  pending  before  the  Convention  itself,  shall  first 
register  his  or  her  name  and  address  with  the  Secretary  of  this  Convention 
or  with  the  secretary  of  any  committee  before  which  he  or  she  may  desire 
to  appear,  together  with  all  information  as  to  the  capacity  in  which  he  or 
she  so  appears,  the  fact  whether  or  not  he  or  she  has  received  or  expects  to 
receive  compensation  for  such  service  and  by  whom  said  compensation  is  to 
be  paid.  All  records  of  the  Secretary  provided  for  under  this  rule  shall  be 
open  to  the  public. 

Mr.  Michal  moved  to  lay  the  amendment  on  the  table. 


24 


JOURNAL  OF  THE 


[Jan.  14, 


And  the  question  being  on  the  motion  to  table. 
It  was  decided  in  the  affirmative. 


Section  37. 
Section  38. 
Section  39. 
Section  40. 
Section  41. 
Section  42. 
Section  43. 
Section  44. 


No  change. 
No  change. 
No  change. 
No  change. 
No  change. 
No  change. 
No  change. 


Mr.  Hull  ottered  the  following  amendment  and  moved  its  adoption : 


Amendment  No.  10. 


Amend  section  44  by  striking  out  the  word  “except”  in  line  3  of  said 
section. 


The  question  being  on  the  adoption  of  the  amendment. 
It  was  decided  in  the  affirmative. 


Section  45. 
Section  46. 
Section  47. 
Section  48. 
Section  49. 


No  change. 
No  change. 
No  change. 
No  change. 


Mr.  Kinaker  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  11. 

Amend  section  49,  by  inserting  after  the  word  “committee”  in  line  3 
thereof,  the  words  “present  and  voting  on  the  question.” 

The  question  being  on  the  adoption  of  the  amendment. 

It  was  decided  in  the  affirmative. 

Section  50.  No  change. 

Section  51. 

Mr.  Michaelson  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  12. 

Amend  by  the  addition  of  Rule  51A  as  follows:  At  least  90  days  prior 
to  the  day  of  election  at  which  the  Constitution  shall  be  submitted  to  a  vote 
of  the  electors  of  the  State  of  Illinois,  the  Convention,  under  the  supervision 
of  the  President  and  Secretary,  shall  have  printed,  published  and  mailed  to 
every  qualified  voter  in  the  State,  a  copy  of  the  Constitution  as  adopted  by 
the  Convention,  together  with  a  majority  brief  on  each  article,  same  not  to 
exceed  500  words  and  a  minority  brief  to  any  article,  same  not  to  exceed 
500  words,  said  majority  brief  to  bear  the  signature  of  the  chairman  of  the 
committee  having  had  the  matter  in  charge  and  said  minority  brief  if  any 
there  be,  to  be  signed  by  Delegate  or  Delegates  submitting  the  same. 

The  question  being  on  the  adoption  of  the  amendment. 

It  was  decided  in  the  negative. 

Section  52.  No  change. 

Section  53.  No  change. 

Section  54.  No  change. 


CONSTITUTIONAL  CONVENTION. 


25 


1920.] 


Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section 


55. 

No 

change. 

56. 

No 

change. 

57. 

No 

change. 

58. 

No 

change. 

59. 

No 

change. 

60. 

No 

change. 

61. 

No 

change. 

62. 

Mr.  Dunlap  offered 
adoption : 


the  following  amendment  and 


moved 


its 


Amendment  No.  13. 


Amend  section  62  by  inserting  after  the  word  “Convention”  in  the  fifth 
line  of  the  printed  rule  the  following  “Provided  that  should  the  member 
giving  notice  of  a  motion  to  reconsider  not  make  such  motion  within  the 
time  prescribed  by  the  rules,  any  other  members  voting  in  the  majority  may 
make  such  motion  within  the  next  session  of  the  Convention. 

The  question  being  on  the  adoption  of  the  amendment. 

It  was  decided  in  the  affirmative. 

Section  63.  No  change. 

Section  64.  No  change. 

Section  65.  No  change. 

Section  66. 

Mr.  Rinaker  offered  the  following  amendment  and  moved  its 

adoption : 


Amendment  No.  14. 


Amend  section  66,  by  inserting  after  the  word  “court”  in  line  3  thereof, 
the  words  “members  of  former  Constitutional  Conventions  of  this  State.” 

The  question  being  on  the  adoption  of  the  amendment. 

It  was  decided  in  the  affirmative. 


Section 

67. 

No 

Section 

68. 

No 

Section 

69. 

No 

Section 

70. 

No 

Section 

71. 

No 

Section 

72. 

No 

Section 

73. 

No 

Section 

74. 

No 

Section 

75. 

No 

Section 

76. 

No 

Section 

77. 

No 

Section 

78. 

No 

Section  79. 

Mr.  Dawes 

change. 

change. 

change. 

change. 

change. 

change. 

change. 

change. 

change. 

change. 

change. 

change. 

offered  the  following  amendment  and  moved  its  adoption : 


Amendment  No.  15. 

Amend  by  striking  out  all  of  section  79. 

Pending  consideration,  Mr.  Sutherland  moved  that  further  con¬ 
sideration  of  Amendment  No.  15  be  postponed  until  tomorrow. 

And  the  question  being  on  the  motion  to  postpone. 

It  was  decided  in  the  negative. 


26  journal  of  the  [Jan.  14, 

The  question  recurring  on  the  adoption  of  Amendment  Yo.  15,  a 
division  was  had  resulting  as  follows:  Yeas,  47;  nays,  38. 

And  the  amendment  was  adopted. 

The  question  then  being,  "Shall  the  report  of  the  Committee  on 
Buies,  as  amended,  be  adopted?” 

It  was  decided  in  the  affirmative. 

Mr.  Gorman  offered  the  following  resolution  and  moved  its 
adoption : 


Resolution  No.  7. 

Whereas,  Almost  at  the  inception  of  our  labors,  the  Angel  of  Death  has 
descended  upon  us  and  removed  from  our  midst,  Delegate  Michael  F.  Sulli¬ 
van  of  the  Second  Senatorial  District;  and, 

Whereas,  In  the  decease  of  him,  who  has  suddenly  been  summoned 
across  the  Great  Divide,  the  people  of  Cook  County  have  lost  an  efficient 
public  officer,  who  has  for  numerous  years  functioned  in  divers  ministerial 
positions  of  civic  trust;  and. 

Whereas,  In  his  death,  this  Constitutional  Convention  is  bereft  of  one 
whose  learning  and  vast  experience  would  have  lent  lustre  to  its  solemn 
deliberations,  and  many  Delegates  now  mourn  the  loss  of  an  intimate  friend 
of  long  association;  therefore,  be  it, 

Resolved,  That  the  President  of  the  Convention  appoint  a  committee  of 
Delegates  to  attend  the  funeral  of  our  late  co-Delegate,  Michael  F.  Sullivan; 
that  these  resolutions  be  entered  upon  the  Journal  of  the  Convention  and 
a  copy  of  the  same  be  sent  by  the  Secretary  of  the  Convention  to  the  family 
of  the  deceased;  and  in  order  to  show  our  sorrow  for  the  demise  of  our 
lamented  co-Delegate  and  to  renew  our  reverential  allegiance  to  the  Divinity 
which  shapes  our  destiny,  that  we  do  now  adjourn. 

The  resolution  was  unanimously  adopted  by  a  rising  vote. 

The  President  announced  the  appointment  of  the  following  com¬ 
mittee  to  attend  the  funeral:  Messrs.  Gorman,  O'Brien,  Bosenberg, 
Michaelson,  Corcoran,  Potts,  Kunde,  Pincus,  Iarussi,  Beckman,  Traeger, 
Latchford,  Davis,  Wolff,  Chas.  Woodward,  Frole,  McEwen,  Michal, 
Sutherland  and  E.  H.  Dupee. 

And  in  accordance  therewith,  at  the  hour  of  6  :05  o’clock  p.  m.,  the 
Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


27 


THURSDAY,  JANUARY  15,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Lester  Leake  Riley,  of  the  Christ 
Episcopal  Church,  of  Springfield. 

The  Journal  of  yesterday  was  being  read,  when,  on  motion  of  Mr. 
Shanahan,  the  further  reading  of  the  same  was  dispensed  with  and  it 
was  ordered  to  stand  approved. 

The  President  laid  before  the  Convention  the  appointment  of  the 
following  committees,  provided  for  under  the  rules,  to-wit: 

Rules  and  Procedure — Mr.  President,  Chairman;  Green,  Shanahan,  Cur¬ 
tis,  Hamill,  Trautman,  Gale,  Wall,  Pearce  and  Quinn. 

Expenditures  and  Supplies — Wilson,  Chairman;  Stahl,  Taff,  Paddock 
and  Six. 

Mr.  Gale  offered  the  following  resolution  and  moved  its  adoption: 

Resolution  No.  8. 

Resolved ,  That  the  President  of  this  Convention  be  and  he  is  hereby 
authorized  to  appoint  the  following  employees  to  the  respective  positions 
hereinafter  enumerated  at  the  respective  compensations  hereinafter  pro¬ 
vided  as  follows: 

One  legal  secretary  to  the  President  at  the  rate  of  $350  per  month. 

One  private  Secretary  to  the  President  at  the  rate  of  $180  per  month. 

One  stenographer  to  the  President  at  the  rate  of  $125  per  month. 

One  messenger  to  the  President  at  the  rate  of  $105  per  month. 

One  janitor  for  the  executive  offices  at  the  rate  of  $105  per  month. 

One  Sergeant-at-Arms  at  the  rate  of  $200  per  month. 

One  First  Assistant  Sergeant-at-Arms  at  the  rate  of  $150  per  month. 

Five  assistants  to  the  Sergeant-at-Arms  at  the  rate  of  $125  per  month 
each. 

Nine  janitors  at  the  rate  of  $105  per  month  each. 

Two  cloakroom  attendants  at  the  rate  of  $105  per  month  each. 

One  toilet  room  attendant  at  the  rate  of  $105  per  month. 

One  assistant  postmaster  at  the  rate  of  $125  per  month. 

One  postmaster  at  the  rate  of  $125  per  month. 

One  mail  carrier  at  the  rate  of  $105  per  month. 

Ten  pages  at  the  rate  of  $12  per  week  each. 

Twenty  stenographers  and  clerks  at  the  rate  of  $125  per  month  each. 

One  press  messenger  at  the  rate  of  $150  per  month. 

One  first  assistant  to  the  Secretary  at  the  rate  of  $275  per  month. 

One  second  assistant  to  the  Secretary  at  the  rate  of  $200  per  month. 

One  Journal  Clerk  at  the  rate  of  $180  per  month. 

Two  file  clerks  at  the  rate  of  $150  per  month  each. 

Two  stenographers  to  the  Secretary  at  the  rate  of  $150  per  month  each. 

One  bookkeeper  to  the  Secretary  at  the  rate  of  $150  per  month. 

One  janitor  for  the  Secretary’s  offices  at  the  rate  of  $105  per  month. 

One  Chaplain  at  the  rate  of  $40  per  week. 

One  clerk  to  the  Committee  on  Phraseology  and  Style  at  the  rate  of 
$200  per  month. 

Two  typists  to  the  Committee  on  Phraseology  and  Style  at  the  rate  of 

$150  per  month. 


28 


JOURNAL  OF  THE  [Jan.  15, 


Pending  consideration,  Mr.  Revell  moved  that  the  resolution  be 
referred  to  the  Committee  on  Expenditures  and  Supplies. 

And  the  motion  was  lost. 

The  question  recurring  on  the  adoption  of  the  resolution,  a  call  of 
the  roll  was  had  resulting  as  follows:  Yeas,  78;  nays,  3. 


Those 

voting  in  the  affirmative  are : 

Messrs. 

Baldwin 

Dietz 

Hamill 

Mighell 

Shuey 

Barr 

Dryer 

Hogan 

Miller 

Smith 

Beckman 

Dunlap 

Hollenbeck 

Mills 

Stahl 

Brandon 

Dupee,  E.  H. 

Jack 

Moore 

Stewart 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Nichols 

Sutherland 

Brewster 

Elting 

Johnson,  W.  A. 

O’Brien 

Tanner 

Carlstrom 

Fifer 

Kerrick 

Paddock 

Todd 

Chew 

Fyke 

Kunde 

Parker 

Torrance 

Clarke 

Gale 

Latchford 

Pincus 

Trautmann 

Conkling 

Ganschow 

Lill 

Quinn 

Wall 

Coolley 

Garrett 

Lindly 

Revell 

Whitman 

Corlett 

Gee 

Lohman 

Rinaker 

Wilson 

Cruden 

Gilbert 

Mack 

Scanlan 

Wolff 

Curtis 

Goodyear 

McGuire 

Shanahan 

Woodward 

Dawes 

Gray 

Meinert 

Shaw 

Mr. .  President 

De  Young 

Green 

Michaelson 

Yeas — 7 

Those  voting  in  the  negative  are :  Messrs. 

Cutting  Dove  Six  Nays — 3. 

And  the  resolution  was  adopted. 

The  Convention  proceeding  on  the  order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Mighell  introduced  Proposal  Ho.  1,  a  Proposal  to  provide 
against  double  taxation  of  real  estate. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Carlstrom  introduced  Proposal  Ho.  2,  a  Proposal  touching 
preamble. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Carlstrom  introduced  Proposal  Ho.  3,  a  Proposal  touching 
boundaries  and  jurisdiction. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

M.  Carlstrom  introduced  Proposal  Ho.  4,  a  Proposal  touching  bill 
of  rights. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Carlstrom  introduced  Proposal  Ho.  5,  a  Proposal  touching 
separation  of  three  departments  of  government. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Carlstrom  introduced  Proposal  Ho.  6,  a  Proposal  touching 
Legislative  Department. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Carlstrom  introduced  Proposal  Ho.  7,  a  Proposal  touching 
Executive  Department. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Carlstrom  introduced  Proposal  Ho.  8,  a  Proposal  touching 
Judicial  Department. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Carlstrom  introduced  Proposal  Ho.  9,  a  Proposal  touching 
suffrage. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


29 


Mr.  Carlstrom  introduced  Proposal  No.  10,  a  Proposal  touching 

education. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Carlstrom  introduced  Proposal  No.  11,  a  Proposal  touching 

revenue. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Carlstrom  introduced  Proposal  No.  12,  a  Proposal  touching 

counties. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Carlstrom  introduced  Proposal  No.  13,  a  Proposal  touching 

corporations. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Carlstrom  introduced  Proposal  No.  14,  a  Proposal  touching 

militia. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Carlstrom  introduced  Proposal  No.  15,  a  Proposal  touching 
warehouses. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Carlstrom  introduced  Proposal  No.  16,  a  Proposal  touching 
methods  of  amendment. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Carlstrom  introduced  Proposal  No.  17,  a  Proposal  touching 
separate  sections. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Carlstrom  introduced  Proposal  No.  18,  a  Proposal  touching 

the  “Schedule.” 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Carlstrom  introduced  Proposal  No.  19,  a  Proposal  relating  to 
the  preamble  and  sections  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Dunlap  introduced  Proposal  No.  20,  a  Proposal  to  amend  sec¬ 
tion  1  of  Article  YII  of  the  Constitution. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Beckman  introduced  Proposal  No.  21,  a  Proposal  for  home  rule 
for  cities.  * 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Beckman  introduced  Proposal  No.  22,  a  Proposal  in  aid  of 
home  rule  for  cities. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Jarman  introduced  Proposal  No.  23,  a  Proposal  in  relation  to 

sedition. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Jarman  introduced  Proposal  No.  24,  a  Proposal  to  amend 
Article  VIII  of  the  Constitution,  in  relation  to  education. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Jarman  introduced  Proposal  No.  25,  a  Proposal  to  amend  sec¬ 
tions  6,  7  and  8  of  Article  4  of  the  Constitution,  relating  to  apportion¬ 
ment  and  the  number  of  Senators  and  Representatives  in  the  General 
Assembly. 


30 


JOURNAL  OF  THE 


[Jan.  15, 


The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  No.  26,  a  Proposal  to  amend 
Article  6,  being  the  article  of  the  Judiciary  Department. 

The  Proposal  was  taken  np,  read  by  title,  and  advanced  for  reference. 

Mr.  Green  moved  that  when  the  Convention  adjourns  today  it  stand 
adjourned  until  10:00  o’clock  a.  m.,  Tuesday,  January  20,  1920. 

And  the  motion  prevailed. 

Mr.  J arman  offered  the  following  resolution  and  moved  its  adoption : 

Resolution  No.  9. 

Whereas,  The  12th  day  of  February,  l£20,  is  the  anniversary  of  the 
birth  of  Abraham  Lincoln;  therefore  be  it 

Resolved ,  That  this  Convention  commemorate  said  event  on  that  day  by 
appropriate  exercises;  and  be  it  further 

Resolved,  That  the  President  be  and  he  is  hereby  authorized  to  make 
the  necessary  arrangements  therefor. 

And  the  resolution  was  adopted. 

At  the  hour  of  11 :00  o’clock  a.  m.,  Mr.  Brenholt  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed  and  the  Convention  stood  adjourned  until 
Tuesday,  January  20,  1920,  at  10:00  o’clock  a.  m. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


31 


TUESDAY,  JANUARY  20,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  A.  El  Browning,  of  the  Harvard 
Park  Baptist  Church,  of  Springfield. 

The  Journal  of  Thursday,  January  15,  was  being  read,  when,  on 
motion  of  Mr.  Hamill,  the  further  reading  of  the  same  was  dispensed 
with  and  it  was  ordered  to  stand  approved. 

The  President  laid  before  the  Convention  a  petition  from  the  Boys’ 
Brotherhood  Republic  dealing  with  the  interests  of  Boys,  which  was 
referred  to  the  Committee  on  Distinction  Between  Constitutional  and 
Legislative  Subjects. 

Mr.  Carlstrom  asked  unanimous  consent  of  the  Convention  to  with¬ 
draw  Proposals  Nos.  8,  16,  17  and  19,  introduced  by  him  on  January  15. 

The  request  was  granted  and  the  Proposals  were  thereupon  with¬ 
drawn  from  further  consideration  by  the  Convention. 

Mr.  Wilson,  from  the  Committee  on  Expenditures  and  Supplies, 
offered  the  following  resolution  and  moved  its  adoption : 

Resolution  No.  10. 

Resolved,  By  the  Convention  that  the  President  be,  and  he  is  hereby, 
authorized  to  appoint  a  competent  person  as  official  reporter  to  report  and 
transcribe  all  the  proceedings  and  debates  occuring  within  the  Convention 
hall,  and,  be  it  further 

Resolved,  That  the  compensation  of  such  official  reporter  for  such  re¬ 
porting  and  transcribing  be  at  the  rate  of  three  hundred  and  fifty  ($350.00) 
dollars  per  week. 

And  the  resolution  was  adopted. 

The  Convention  proceeding  on  the  order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Revell  introduced  Proposal  No.  27,  a  Proposal  to  amend  section 

1  of  Article  VIII. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Nichols  introduced  Proposal  No.  28,  a  Proposal  to  extend 
suffrage  to  citizens  in  the  military  service. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Whitman  introduced  Proposal  No.  29,  a  Proposal  for  the  pro¬ 
posed  judiciary  system  under  the  new  Constitution. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Stahl  introduced  Proposal  No.  30,  a  Proposal  to  prevent  dis¬ 
crimination  and  extortion  in  rates  charged  by  public  utility  corporations. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  31,  a  Proposal  to  amend  section 
18  of  Article  2,  Bill  of  Rights. 


32 


JOURNAL  OF  THE 


[Jan.  20, 


The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  32,  a  Proposal  to  amend  section 
3  of  Article  2. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  33,  a  Proposal  to  amend  section 
5  of  Article  5,  Executive  Department. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  34,  a  Proposal  to  amend  section 
1  of  Article  7,  suffrage. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  35,  a  Proposal  to  amend  section 
1  of  Article  VIII. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Corlett  introduced  Proposal  No.  36,  a  Proposal  to  invest  the 
Probate  Court  with  chancery  jurisdiction  to  administer  testamentary 
trusts,  and  to  partition  real  estate  while  administering  estates. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Corlett  introduced  Proposal  No.  37,  a  Proposal  to  secure  repre¬ 
sentation  in  the  General  Assembly  for  every  county  in  the  State  of 
Illinois. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  No.  38,  a  Proposal  to  amend 
Article  6,  in  relation  to  the  Judiciary  Department  and  the  Appellate 
Court. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  No.  39,  a  Proposal  to  amend 
Article  6,  in  relation  to  the  Judiciary  Department. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  No.  40,  a  Proposal  to  amend 
Article  6,  in  relation  to  the  Supreme  and  Appellate  Court  entering  final 
judgment. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Eeading  and 
Eeference  of  Proposals. 

Proposal  No.  1,  a  Proposal  to  provide  against  double  taxation  of 
real  estate. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Eevenue,  Taxation  and  Finance,  when 
appointed. 

Proposal  No.  2,  a  Proposal  to  continue  the  preamble  of  the  present 
.Constitution  in  the  new  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Eights,  when  appointed. 

Proposal  No.  3,  a  Proposal  to  amend  and  change  the  present  article 
of  the  Constitution  relative  to  the  boundaries  of  the  State. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Miscellaneous  Subjects,  when  appointed. 

Proposal  No.  4,  a  Proposal  to  continue  the  present  bill  of  rights 
with  certain  exceptions. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


33 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Bights,  when  appointed. 

Proposal  No.  5,  a  Proposal  to  provide  for  the  separation  of  the 
government  into  three  departments. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Miscellaneous  Subjects,  when  appointed. 

Proposal  No.  6,  a  Proposal  to  create  the  Legislative  Department. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Department,  when  appointed. 

Proposal  No.  7,  a  Proposal  to  create  the  Executive  Department. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Executive  Department,  when  appointed. 

Proposal  No.  8,  withdrawn. 

Proposal  No.  9,  a  Proposal  to  define  the  right  of  suffrage. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Suffrage,  when  appointed. 

Proposal  No.  10,  a  Proposal  to  retain  Article  8,  present  Constitution 
on  “Education”  with  certain  amendments. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education,  when  appointed. 

Proposal  No.  11,  a  Proposal  to  retain  in  the  new  Constitution  cer¬ 
tain  sections  of  the  revenue  article  in  the  present  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  taxation  and  Finance,  when 
appointed. 

Proposal  No.  12,  a  Proposal  to  retain  in  the  new  Constitution  cer¬ 
tain  sections  of  the  article  on  counties  in  the  present  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  County  and  Township  Government,  when 
appointed. 

Proposal  No.  13,  a  Proposal  to  retain  in  the  new  Constitution  cer¬ 
tain  sections  of  the  article  on  corporations  in  the  present  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Corporations  and  Cooperative  Associa¬ 
tions,  when  appointed. 

Proposal  No.  14,  a  Proposal  to  retain  in  the  new  Constitution  the 
article  on  militia  in  the  present  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Military  Affairs,  when  appointed. 

Proposal  No.  15,  a  Proposal  to  retain  in  the  new  Constitution  the 
article  on  warehouses  in  the  present  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Distinction  between  Constitutional  and 
Legislative  Subjects,  when  appointed. 

Proposal  No.  16,  withdrawn. 

Proposal  No.  17,  withdrawn. 

Proposal  No.  18,  a  Proposal  to  retain  in  the  new  Constitution  cer¬ 
tain  sections  of  the  present  Constitution  relative  to  schedule. 


— 3  C  J 


34 


journal  of  the  [Jan.  20, 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Schedule,  when  appointed. 

Proposal  No.  19,  withdrawn. 

Proposal  No.  20,  a  Proposal  to  amend  section  1  of  Article  VII  of 
the  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Suffrage,  when  appointed. 

Proposal  No.  21,  a  Proposal  for  home  rule  for  cities. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Chicago  and  Cook  County,  when  appointed. 

Proposal  No.  22,  a  Proposal  in  aid  of  home  rule  for  cities. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Chicago  and  Cook  County,  when  appointed. 

Proposal  No.  23,  a  Proposal  to  declare  certain  acts  by  public  offi¬ 
cers,  sedition. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Distinction  between  Constitutional  and 
Legislative  Subjects,  when  appointed. 

Proposal  No.  24,  a  Proposal  to  amend  Article  VIII  of  the  Consti¬ 
tution,  in  relation  to  education. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education,  when  appointed. 

Proposal  No.  25,  a  Proposal  to  amend  sections  6,  7  and  8  of  Article 
4  of  the  Constitution,  relating  to  apportionment  and  the  number  of 
Senators  and  Representatives  in  the  General  Assembly. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Department,  when  appointed. 

Proposal  No.  26,  a  Proposal  to  amend  Article  6,  being  the  article  of 
the  Judicial  Department. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judiciary  Department,  when  appointed. 

At  the  hour  of  11 :05  o’clock  a.  m.,  Mr.  Curtis  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


35 


WEDNESDAY,  JANUARY  21,  1920,  10:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  T.  N.  Ewing,  of  the  First  Methodist 
Episcopal  Church,  of  Springfield. 

The  Journal  of  yesterday  was  being  read,  when,  on  motion  of  Mr. 
Brenholt,  the  further  reading  of  the  same  was  dispensed  with  and  it  was 
ordered  to  stand  approved. 

The  President  called  to  the  attention  of  the  Convention  the  pro¬ 
vision  of  the  rules  requiring  that  all  resolutions  involving  the  expenditure 
of  moneys  be  adopted  by  a  yea  and  nay  vote  on  a  roll  call  and  stated  that 
on  yesterday  Resolution  No.  10,  offered  by  Mr.  Wilson,  was  adopted  by 
a  viva  voce  vote  and  thereupon,  by  unanimous  consent,  the  vote  by  which 
the  resolution  was  adopted  was  reconsidered  and  the  roll  called  on  its 
adoption  by  the  yea  and  nay  vote  by  the  Convention,  as  follows : 

Those  voting  in  the  affirmative  are :  Messrs. 


Baldwin 

Dawes 

Green 

Meinert 

Stahl 

Barr 

De  Young 

Hamill 

Mighell 

Stewart 

Beckman 

Dove 

Hogan 

Miller 

Sutherland 

Brandon 

Dunlap 

Hollenbeck 

Mills 

Taft 

Brenholt 

Dupee,  E.  H. 

Hull 

Moore 

Todd 

Carey 

Dupuy,  G.  A. 

Jarman 

Morris 

Torrance 

Carlstrom 

Elting 

Johnson,  L.  C. 

Nichols 

Traeger 

Chew 

Fifer 

Johnson,  W.  A. 

Paddock 

Trautmann 

Conkling 

Fyke 

Kerrick 

Potts 

Wall 

Coolley 

Gale 

Kunde 

Quinn 

Warren 

Corcoran 

Ganschow 

Latchford 

Revell 

Whitman 

Corlett 

Garrett 

Lill 

Rinaker 

Wilson 

Cruden 

Gilbert 

Lindly 

Shanahan 

Wolff 

Curtis 

Goodyear 

Lohman 

Shaw 

Mr.  President 

Cutting 

Gorman 

Mack 

Six 

Yeas — 77. 

Davis 

Gray 

McGuire 

Nays — 0. 

And  the  resolution  was  adopted. 

The  President  laid  before  the  Convention  the  papers  in  the  election 
contest  in  the  Thirty-first  District  entitled  Robert  E.  Burke  vs.  William 
H.  Beckman  and  Eugene  H.  Dupee,  which  were  referred  to  the  Com¬ 
mittee  on  Qualifications  and  Election  of  Delegates,  when  appointed. 

Mr.  Cruden  presented  a  petition  from  the  Central  Health  Com¬ 
mittee  relating  to  individual  liberty  and  the  profession  and  practice  of 
healing,  which  was  referred  to  the  Committee  on  Bill  of  Rights,  when 
appointed. 

The  Convention  proceeding  on  the  order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Cruden  introduced  Proposal  No.  41,  a  Proposal  to  amend  sec¬ 
tion  8  of  Article  10  of  the  Constitution  in  relation  to  the  election  and 
qualifications  of  sheriffs  and  county  treasurers. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 


36 


JOURNAL  OF  THE 


[Jan.  21, 


Mr.  Cruden  introduced  Proposal  No.  42,  a  Proposal  to  amend  sec¬ 
tions  1,  2  and  3  of  Article  5  of  the  Constitution  in  relation  to  qualifica¬ 
tions,  election  and  tenure  of  the  State  Treasurer. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Cruden  introduced  Proposal  No.  43,  a  Proposal  in  regard  to 
taxation. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Dove  introduced  Proposal  No.  44,  a  Proposal  in  regard  to  in¬ 
come  taxes. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Smith  introduced  Proposal  No.  45,  a  Proposal  to  amend  section 
8  of  Article  10  of  the  Constitution  in  relation  to  the  election  and  qualifi¬ 
cations  of  sheriffs  and  count}7  treasurers. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Carlstrom  introduced  Proposal  No.  46,  a  Proposal  to  retain  in 
the  new  Constitution  the  separate  section  of  the  present  Constitution 
entitled  “Convict  Labor.” 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Carlstrom  introduced  Proposal  No.  47,  a  Proposal  to  retain  in 
the  new  Constitution  the  separate  section  of  the  present  Constitution 
entitled  “Canal.” 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Carlstrom  introduced  Proposal  No.  48,  a  Proposal  to  retain  in 
the  new  Constitution  the  separate  section  entitled  “Municipal  subscrip¬ 
tion  to  Eailroads  or  private  Corporations”  in  the  present  Constitution. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Carlstrom  introduced  Proposal  No.  49,  a  Proposal  to  retain  in 
the  new  Constitution  separate  section  of  the  present  Constitution  en¬ 
titled  “Illinois  Central  Railroad.” 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Scanlan  introduced  Proposal  No.  50,  a  Proposal  in  regard  to 
executive  and  administrative  powers. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Scanlan  introduced  Proposal  No.  51,  a  Proposal  in  relation  to 
section  32  of  Article  6. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Scanlan  introduced  Proposal  No.  52,  a  Proposal  in  relation  to 
section  8,  Article  10  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Cruden  introduced  Proposal  No.  53,  a  Proposal  to  amend  sec¬ 
tion  1  of  Article  7  of  the  Constitution,  in  relation  to  woman  suffrage 
and  the  eligibility  of  women  to  jury  service. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Cruden  introduced  Proposal  No.  54,  a  Proposal  in  regard  to 
revenue. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  No.  27,  a  Proposal  to  provide  free  schools. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


37 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education  when  appointed. 

Proposal  No.  28,  a  Proposal  to  extend  suffrage  to  citizens  in  the 
military  service. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Suffrage,  when  appointed. 

Proposal  No.  29,  a  Proposal  for  a  proposed  judiciary  system. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department,  when  appointed. 

Proposal  No.  30,  a  Proposal  to  prevent  discrimination  and  extor¬ 
tion  in  rates  charged  by  public  utility  corporations. 

Was  taken  up,  read  at  large  a.  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Corporations  and  Cooperative  Associations, 
when  appointed. 

Proposal  No.  31,  a  Proposal  to  amend  section  18  of  Article  2,  Bill 
of  Eights  affecting  elections. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Eights,  when  appointed. 

Proposal  No.  32,  a  Proposal  for  guaranteeing  freedom  of  worship. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Eights,  when  appointed. 

Proposal  No.  33,  a  Proposal  requiring  the  Governor  or  Lieutenant 
Governor  to  be  an  American  born  citizen. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Executive  Department,  when  appointed. 

Proposal  No.  34,  a  Proposal  to  extend  suffrage  to  women  and  pre¬ 
vent  all  persons  non  compos  mentis  from  voting. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Suffrage,  when  appointed. 

Proposal  No.  35,  a  Proposal  for  teaching  English  to  adult  foreigners 
in  public  schools  and  for  conducting  public  schools  in  the  English 
language  only  and  incorporating,  private  institutions  of  learning  in 
State  educational  systems. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education,  when  appointed. 

Proposal  No.  36,  a  Proposal  to  invest  the  Probate  Court  with 
chancery  jurisdiction  to  administer  testamentary  trusts,  and  to  partition 
real  estate  while  administering  estates. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department,  when  appointed. 

Proposal  No.  37,  a  Proposal  to  secure  representation  in  the  General 
Assembly  for  every  county  in  the  State  of  Illinois. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Department,  when  appointed. 

Proposal  No.  38,  a  Proposal  to  amend  Article  6,  in  relation  to  the 
Judiciary  Department  and  the  Appellate  Court. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department,  when  appointed. 


38 


JOURNAL  OF  THE 


[Jan.  21, 


Proposal  No.  39,  a  Proposal  to  amend  Article  6,  in  relation  to  the 
Judiciary  Department,  providing  that  courts  shall  always  he  open. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department,  when  appointed. 

Proposal  No.  40,  a  Proposal  to  amend  Article  6,  in  relation  to  the 
Supreme  and  Appellate  Courts  entering  final  judgment. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department,  when  appointed. 

Mr.  Wilson,  from  the  Committee  on  Expenditures  and  Supplies, 
offered  the  following  resolution  and  moved  its  adoption: 


Resolution  No.  11. 

Resolved,  By  the  Convention,  that  the  President,  with  the  approval  or 
the  Committee  on  Expenditures  and  Supplies,  be  and  he  is  hereby  authorized 
to  incur  and  certify  vouchers  for  the  legitimate  and  necessary  expenses  for 
the  following  purposes: 

Incidental  and  other  expenses  of  committees. 

Rent  of  typewriters. 

Printing  of  Journal,  hand  books,  calendars  for  the  day  and  of  Pro¬ 
posals. 

Telephones  and  telegrams. 

All  necessary  incidental  expenses  not  specifically  stated  herein. 


The  question  being  on  the  adoption  of  the  resolution,  a  call  of  the 


roll  was 

had,  resulting  as 

follows :  Yeas, 

82;  nays,  0. 

Those  voting  in  the  affirmative  are : 

Messrs. 

Baldwin 

Dove 

Hollenbeck 

Miller 

Stahl 

Barr 

Dunlap 

Hull 

Mills 

Stewart 

Beckman 

Dupuy,  G.  A. 

Ireland 

Moore 

Sutherland 

Brandon 

Elting 

Jarman 

Morris 

Taft 

Brenholt 

Fifer 

Johnson,  L.  C. 

Nichols 

Tanner 

Carey 

Fyke 

Kerrick 

Paddock 

Todd 

Carlstrom 

Gale 

Kunde 

Potts 

Torrance 

Chew 

Ganschow 

Latchford 

Revell 

Traeger 

Conkling 

Garrett 

Bill 

Rinaker 

Trautmann 

Coolley 

Gee 

Lindly 

Rosenberg 

Wall 

Corcoran 

Gilbert 

Lohman 

Scanlan 

Warren 

Corlett 

Goodyear 

Mack 

Shanahan 

Whitman 

Cruden 

Gorman 

McGuire 

Shaw 

Wilson 

Curtis 

Gray 

Meinert 

Shuey 

Wolff 

Cutting 

Green 

Michaelson 

Six 

Mr.  President 

Davis 

Hamill 

Michal 

Smith 

Yeas — 82. 

De  Young 

Hogan 

Mighell 

Nays — 0. 

And  the  resolution  was  adopted. 

Mr.  Carlstrom  offered  the  following  resolution  and  moved  its 


adoption : 


Resolution  No.  12. 

Resolved ,  That  the  Preamble  and  sections  of  the  Constitution  of  1870, 
recommended  to  be  retained  and  adopted  as  a  part  of  the  Revised  Constitu¬ 
tion  of  1920,  of  the  State  of  Illinois,  as  set  forth  in  the  series  of  Proposals 
numbered  2  to  18  inclusive,  excepting  Proposals  numbered  8,  16  and  17  and 
Proposals  numbered  46,  47,  48  and  49  together  with  the  amended  sections 
designated  and  proposed  to  be  amended  by  said  resolutions  be  printed  by 
and  under  the  supervision  of  the  Secretary,  as  proposed  to  be  amended  by 
said  Proposals  in  skeleton  form  leaving  space  and  numbers  for  sections  not 
proposed  to  be  so  retained,  and  copies  when  so  printed  distributed  to  the 
Delegates  of  this  Convention.  All  added  or  substituted  new  words  to  be  in 
italics,  and  all  words  stricken  from  the  original  text  to  be  enclosed  in 
brackets. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


39 


Pending  consideration,  Mr.  Hamill  moved  that  the  resolution  be 
referred  to  the  Committee  on  Expenditures  and  Supplies. 

The  motion  prevailed. 

And  it  was  so  ordered. 

Mr.  Eosenberg  offered  the  following  resolution  and  moved  its 
adoption : 

Resolution  No.  13. 

Resolved,  That  following  the  prayer  of  the  Chaplain  on  the  opening  of 
each  session  of  this  Constitutional  Convention,  the  Secretary  shall  call  the 
roll  of  the  Delegates,  and  that  the  names  of  all  Delegates  present  and  those 
who  may  be  absent  shall  be  kept  and  recorded  in  the  Official  Journal  of  the 
Convention. 

Pending  a  demand  of  five  Delegates  for  a  roll  call  on  the  adoption 
of  the  resolution. 

Mr.  Cutting  moved  that  the  resolution  be  referred  to  the  Com¬ 
mittee  on  Eules. 

And  the  motion  prevailed. 

Mr.  Jarman  offered  the  following  resolution  and  moved  its  adoption: 

Resolution  No.  14. 

Resolved,  That  hereafter  the  Convention  dispense  with  the  reading  of 
the  Journal,  and  that  amendments  thereto  may  be  made  on  the  legislative 
day  following  that  on  which  the  printed  Journal  is  placed  on  the  desks  of 
the  members. 

By  unanimous  consent,  the  resolution  was  referred  to  the  Committee 

on  Eules. 

Mr.  Green  moved  that  when  the  Convention  adjourns  today  it  stand 
adjourned  until  Wednesday,  January  28,  1920,  at  10:00  o’clock  a.  m. 

And  the  motion  prevailed. 

At  the  hour  of  11 :15  o’clock  a.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned  until  Wednesday,  January  28, 
1920,  at  10  :00  o’clock  a.  m. 


40 


am  xo  xvxanor 


[Jan.  28, 


WEDNESDAY,  JANUARY  28,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  J.  F.  Robinson,  of  the  Methodist 
Episcopal  Church,  of  Gilman. 

Pending  the  reading  of  the  Journal  of  Wednesda}T,  January  21,  Mr. 
Trautmann  moved  that  further  reading  of  the  same  be  dispensed  with 
and  that  the  Journal  be  approved. 

Whereupon,  Mr.  Hull  moved  to  amend  the  motion  by  striking  out 
the  word  approved. 

And  the  question  being  on  the  motion  to  amend. 

It  was  decided  in  the  affirmative. 

The  question  recurring  on  the  motion  of  Mr.  Trautmann,  as 
amended.  x 

It  was  decided  in  the  affirmative  and  further  reading  of  the  Journal 
was  dispensed  with. 

Upon  request  of  Mr.  Paddock,  Mr.  Conkling  wms  excused  from 
attendance  at  the  Convention  on  account  of  sickness. 

The  same  request  was  granted  to  Mr.  O’Brien  for  Mr.  Rosenberg. 

To  Mr.  Clarke  for  Mr.  Whitman. 

To  Mr.  Smith  for  Mr.  Stahl. 

To  Mr.  L.  C.  Johnson  for  Mr.  W.  A.  Johnson. 

And  to  Mr.  Wall  for  Mr.  Sneed  who  was  called  to  Washington, 
D.  C.,  on  official  business. 

The  President  laid  before  the  Convention  the  appointment  of  the 
following  standing  committees,  to-wit: 

Agriculture — Dunlap,  Chairman;  Warren,  Stewart,  Ireland,  Shaw,  Hol¬ 
lenbeck,  Meinert,  Gray,  Tanner,  Dove,  Cruden,  Whitman,  Johnson  (L.  C.), 
Parker  and  Gee. 

Bill  of  Rights — Rinaker,  Chairman;  Wall,  Morris,  Carey,  Corlett,  Cool- 
ley,  Dawes,  Shuey,  Davis,  Revell,  Scanlan,  Quinn,  Pincus,  Elting,  and 
Nichols. 

Chicago  and  Cook  County — Hull,  Chairman;  Wilson,  Traeger,  Mayer, 
Sutherland,  Kunde,  Woodward  (Charles),  Miller,  Michal,  Wall,  Chew,  Quinn, 
Clarke,  Smith,  and  Carlstrom. 

Corporations  and  Co-operative  Associations — Fyke,  Chairman;  Dawes, 
Kunde,  Michal,  Baldwin,  Rosenberg,  Parker,  Ireland,  Todd,  Brenholt,  Elting, 
Beckman,  Lohman,  Ganschow,  and  Warren. 

County  and  Township  Government — Smith,  Chairman;  Dove,  McGuire, 
Lill,  Taff,  Hogan,  Jarman,  Gray,  Nichols,  O’Brien,  and  Ganschow. 

Distinction  Between  Constitutional  and  Legislative  Subjects — Dietz, 
Chairman;  Brewster,  McEwen,  Michaelson,  Mack,  Corlett,  and  Dwyer. 

Education — Brandon,  Chairman;  Dunlap,  Barr,  Gray,  Beckman,  Iarussi, 
Corcoran,  Rosenberg,  and  Carey. 

Executive  Department — Trautmann,  Chairman;  DeYoung,  Cutting, 
Miller,  Iarussi,  Potts,  Whitman,  Brewster,  Green,  Gilbert,  Hogan,  Johnson 
(L.  C.),  Dietz,  Tanner,  and  Six. 


1920.] 


COXSTITUTIOXAL  COXVENTIOX. 


41 


Future  Amendments  of  the  Constitution — Fifer,  Chairman;  Corlett, 
Revell,  Moore,  Gilbert,  Hamill,  Pincus,  Shuey,  Mighell,  Wolff,  and  Torrance. 

Industrial  Affairs  and  Labor — Sneed,  Chairman;  Miller,  Parker,  Bald¬ 
win,  Mighell,  Fyke,  Brenholt,  Potts,  Iarussi,  Gorman,  Carey,  Frole,  Shaw, 
Revell,  and  Michal. 

Initiative,  Referendum  and  Recall — Dove,  Chairman;  Kunde,  Latchford, 
Wolff,  Frole,  Potts,  Corcoran,  Jack,  Kerrick,  McGuire,  Carlstrom,  Taff, 
Dupuy  (G.  A.),  Mills,  and  Goodyear. 

Judicial  Department — DeYoung,  Chairman;  Cutting,  Green,  Mack, 
Conkling,  McEwen,  Mayer,  Dupuy  (G.  A.),  Gorman,  Gee,  Dryer,  Goodyear, 
Garrett,  Pearce,  and  Todd. 

Legislative  Department — Curtis,  Chairman;  Shanahan,  Fifer,  Rinaker, 
Mighell,  Quinn,  Lindley,  Dunlap,  Hull,  Morris,  Traeger,  Latchford,  Baldwin, 
Paddock,  and  Stahl. 

Military  Affairs — Beckman,  Chairman;  Tanner,  Meinert,  Davis,  Hollen¬ 
beck,  Moore,  Nichols,  Coolley,  and  Cruden. 

Miscellaneous  Subjects — O’Brien,  Chairman;  Coolley,  Lohman,  Michael- 
son,  Meinert,  Lill,  Pincus,  Brandon,  Paddock,  Johnson  (W.  A.),  and  Hollen¬ 
beck. 

Municipal  Government — Garrett,  Chairman;  Stahl,  Brandon,  Carlstrom, 
Gee,  Jarman,  Scanlan,  Chew,  Woodward  (Charles),  Johnson  (W.  A.), 
Hogan,  Lill,  Jack,  Michaelson,  and  Corc-oran. 

Phraseology  and  Style — Hamill,  Chairman;  Rinaker,  Moore,  Dupee 
(E.  H.),  Torrance,  Clarke,  and  Barr. 

Public  Works  and  Improvements — Lindly,  Chairman;  Scanlan,  Ireland, 
Wilson,  Chew,  Johnson  (L.  C.),  Stewart,  Ganschow,  and  Jarman. 

Qualifications  and  Election  of  Delegates — Wolff,  Chairman;  Woodward 
(Charles),  Mayer,  Shaw,  McEwen,  Rosenberg,  Fifer,  Gale,  and  Pearce. 

Revenue,  Taxation  and  Finance — Gale,  Chairman;  Whitman,  Suther¬ 
land,  Dawes,  Sneed,  Dupee  (E.  H.),  Kerrick,  Warren,  Barr,  Johnson 
(W.  A.),  Brenholt,  Fkye,  Shuey,  Davis,  and  O’Brien. 

Schedule — Dupuy  (G.  A.),  Chairman;  Elting,  Gorman,  Mills,  Morris, 
Curtis,  and  Trautmann. 

Suffrage — Cruden,  Chairman;  Traeger,  Frole,  Todd,  Stewart,  Six,  Mills, 
McGuire,  and  Lohman. 

The  Convention  proceeding  on  the  order  of  Reports  of  Standing 
Committees. 

The  President  laid  before  the  Convention  the  following  report  from 
the  Committee  on  Pules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  report  that  in 
accord  with  rule  19  they  have  prepared  a  list  designating  the  parts  of  the 
Constitution  to  be  referred  to  each  committee,  and  in  accordance  therewith 
respectfully  report  that  the  provisions  of  the  Constitution  of  .1870  shall 
stand  referred  to  the  several  standing  committees  of  this  Convention  as 
follows: 

The  preamble  and  Article  II  to  the  Committee  on  Bill  of  Rights. 

Article  I  to  the  Miscellaneous  Committee. 

Article  III,  section  26  of  Article  IV  and  Article  VI  to  the  Committee  on 
Judicial  Department. 

Article  IV,  except  sections  26,  29  and  34  to  the  Committee  on  Legisla¬ 
tive  Department. 

Article  V  and  section  13  of  Article  X  to  the  Committee  on  Executive 
Department. 

Article  VII  to  the  Committee  on  Suffrage. 

Article  VIII  to  the  Committee  -on  Education. 

Article  IX  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Section  34  of  Article  IV  and  section  7  of  Article  X  to  the  Committee 
on  Chicago  and  Cook  County. 


42  journal  of  the  [Jan.  28, 

Section  29  of  Article  IV  and  separate  section  No.  4,  relating  to  convict 
labor  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Article  X  except  sections  7  and  13  to  the  Committee  on  County  and 
Township  Government. 

Article  XI  except  section  4  and  separate  section  No.  1  regarding  the 
Illinois  Central  Railroad  to  the  Committee  on  Corporations  and  Co-operative 
Associations. 

Section  4  of  Article  XI  and  separate  section  No.  2,  relating  to  munici¬ 
pal  subscriptions  to  the  Committee  on  Municipal  Government. 

Article  XII  to  the  Committee  on  Military  Affairs. 

Article  XIII  to  the  Committee  on  Distinction  between  Constitutional 
and  Legislative  Subjects. 

Article  XIV  to  the  Committee  on  Future  Amendment  of  the  Constitu¬ 
tion. 

Separate  section  No.  3,  relating  to  canals,  to  the  Committee  on  Public 
Works  and  Improvements. 

Sections  1  to  7  and  13  to  26,  inclusive,  of  the  Schedule  to  the  Committee 
on  Schedule. 

Sections  8  to  12,  inclusive,  of  the  Schedule  to  the  Committee  on  Sub¬ 
mission  and  Address. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President  laid  before  the  Convention  the  further  report  from 
the  Committee  on  Pules  and  Procedure,  to-wit : 

Cowmittee  Report. 

The  Committee  on  Rules  and  Procedure,  at  the  request  of  the  President, 
who,  by  resolution,  was  directed  to  perfect  plans  for  the  celebration  of  the 
birthday  of  Abraham  Lincoln,  report  to  the  Convention  for  approval  that 
exercises  appropriate  to  this  occasion  be  made  a  special  order  of  business 
at  eleven  o’clock  in  the  forenoon  on  Thursday,  February  12th;  that  the 
program  suggested  by  the  President  in  furtherance  of  the  spirit  of  said 
resolution  be  held  in  this  Convention  hall  pursuant  to  this  special  rule; 
and  that  a  committee  of  five  be  appointed  by  the  President  to  assist  him  in 
carrying  out  the  program  and  plans  for  these  ceremonies. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President  thereupon  appointed  as  the  committee  provided  for 
in  the  foregoing  report  Messrs.  Jarman,  Brenholdt,  Michaelson,  Dove 
and  Latchford. 

The  Convention  proceeding  on  the  order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Cruden  introduced  Proposal  Xo.  55,  a  Proposal  to  provide  for 
a  system  of  local  government  for  the  city  of  Chicago. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Miller  introduced  Proposal  Xo.  56,  a  Proposal  in  regard  to  the 
Judicial  Department. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Smith  introduced  Proposal  Xo.  57,  a  Proposal  to  prohibit 
cumulative  voting  for  any  public  office. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Dawes  introduced  Proposal  Xo.  58,  a  Proposal  to  fix  the  electo¬ 
rate  to  which  revisions,  alterations  and  amendments  adopted  by  this 
Convention  shall  be  submitted  for  ratification  or  rejection. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


43 


The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Taff  introduced  Proposal  ISTo.  59,  a  Proposal  relating  to  county 

government. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Taff  introduced  Proposal  No.  60,  a  Proposal  relating  to  county 

government. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Dunlap,  by  request,  introduced  Proposal  No.  61,  a  Proposal  to 
provide  for  a  thorough  and  efficient  system  of  public  libraries  in  this 

State. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Dunlap,  by  request,  introduced  Proposal  No.  62,  a  Proposal  to 
authorize  the  levy  of  taxes  by  counties  for  public  library  purposes  and 
to  provide  for  the  exemption  of  persons  and  property  in  certain  munici¬ 
palities  from  county  library  taxes  levied  by  the  counties  in  which  such 
municipalities  are  located. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  O’Brien  introduced  Proposal  No.  63,  a  Proposal  in  regard  to 

taxation. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Gray  introduced  Proposal  No.  64,  a  Proposal  to  provide  that 
sheriffs  and  county  treasurers  may  be  eligible  to  succeed  themselves  in 

office. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Gray  introduced  Proposal  No.  65,  a  Proposal  to  provide  that 
the  personal  compensation  of  no  county  officer  shall  be  dependent  upon 
the  amount  of  the  fees  collected  by  his  office. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Kerrick  introduced  Proposal  No.  66,  a  Proposal  in  regard  to 
section  1  of  Article  9. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Jarman  introduced  Proposal  No.  67,  a  Proposal  to  amend 
section  17  of  Article  6,  in  relation  to  the  qualification  of  Judges  of 
Inferior  Courts. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Jarman  introduced  Proposal  No.  68,  a  Proposal  to  amend 
Article  6  of  the  Judiciary  Department  in  relation  to  Supreme  Court. 
The  Proposal  was  taken  up,  read  bv  title,  and  advanced  for  reference. 
Mr.  Pincus  introduced  Proposal  No.  69,  a  Proposal  in  regard  to 
taxation. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Johnson  introduced  Proposal  No.  70,  a  Proposal  authorizing 
the  General  Assembly  to  regulate  the  grand  jury  system. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Johnson  introduced  Proposal  No.  71,  a  Proposal  to  provide  a 
system  of  taxation  for  the  State  of  Illinois. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 


44 


journal  of  the  [Jan.  28, 

Mr.  Michal  introduced  Proposal  No.  72,  a  Proposal  relative  to  the 
assessment  of  taxes  upon  real  estate. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Michal  introduced  Proposal  No.  73,  a  Proposal  defining  in¬ 
toxicating  liquors  and  beverages. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Michal  introduced  Proposal  No.  74,  a  Proposal  granting  power 
and  authority  to  municipalities  to  license  and  regulate  boxing  contests. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Michal  introduced  Proposal  No.  75,  a  Proposal  prohibiting  pro¬ 
fessional  wrestling  exhibitions. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Michal  introduced  Proposal  No.  76,  a  Proposal  exempting 
from  taxation  certain  personal  property. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Michal  introduced  Proposal  No.  77,  a  Proposal  for  the  manu¬ 
facture,  sale  and  distribution  of  beers. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Scanlan  introduced  Proposal  No.  78,  a  Proposal  relating  to 
the  consent  necessary  to  the  occupation  of  streets  by  street  railways  and 
tramways. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Scanlan  introduced  Proposal  No.  79,  a  Proposal  for  a  remedy 
for  encroachment  upon  the  rights,  privileges  and  immunities  of  citizens. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Smith  introduced  Proposal  No.  80,  a  Proposal  to  abolish  cumu¬ 
lative  voting  for  members  of  the  Legislature. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  No.  41,  a  Proposal  to  provide  that  sheriffs  and  county 
treasurers  shall  be  eligible  to  succeed  themselves  in  office. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  42,  a  Proposal  to  provide  that  the  State  Treasurer 
shall  be  elected  at  the  same  time  as  the  Governor,  for  a  term  of  four 
years,  and  be  eligible  to  succeed  himself  in  office. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Executive  Department. 

Proposal  No.  43,  a  Proposal  to  provide  for  the  exemption  from 
taxation  of  a  certain  amount  of  the  personal  property  owned  by  house¬ 
holders  and  heads  of  families. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  44,  a  Proposal  to  provide  for  the  levy  and  collection 
of  income  taxes. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


45 


Proposal  No.  45,  a  Proposal  to  provide  that  sheriffs  and  county 
treasurers  shall  be  eligible  to  succeed  themselves  in  office. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  County  and  Township  Government! 

Proposal  No.  46,  a  Proposal  to  retain  in  the  new  Constitution  the 
separate  section  of  the  present  Constitution  entitled  “Convict  Labor/7 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Proposal  No.  47,  a  Proposal  to  retain  in  the  new  Constitution  the 
separate  section  of  the  present  Constitution  entitled  “Canal/7 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Public  Works  and  Improvements. 

Proposal  No.  48,  a  Proposal  to  retain  in  the  new  Constitution  the 
separate  section  entitled  “Municipal  subscription  to  railroads  or  private 
corporations”  in  the  present  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  49,  a  Proposal  to  retain  in  the  new  Constitution 
separate  section  of  the  present  Constitution  entitled  “Illinois  Central 
Railroad.” 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Corporations  and  Cooperative  Associa¬ 
tions. 

Proposal  No.  50,  a  Proposal  to  define  judicial  power  and  to  pro¬ 
hibit  the  exercise  of  judicial  power  by' any  agency  except  the  Judicial 
Department  of  the  State  Government. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Executive  Department. 

Proposal  No.  51,  a  Proposal  to  provide  for  the  filling  of  vacancies 
in  the  elective  offices  created  by  Article  6  of  the  existing  Constitution 
relating  to  the  Judicial  Department  of  the  State  Government. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  52,  a  Proposal  to  provide  that  sheriffs  and  county 
treasurers  shall  be  eligible  to  succeed  themselves  in  office. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  53,  a  Proposal  to  establish  equal  suffrage  and  to  pro¬ 
vide  for  optional  jury  service  for  women. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Suffrage. 

Proposal  No.  54,  a  Proposal  to  provide  a  system  of  taxation  for 
the  State  of  Illinois. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Mr.  Sutherland  moved  that  the  Convention  do  now  resolve  itself 
into  a  Committee  of  the  Whole  for  the  purpose  of  considering  Proposal 

No.  41. 


46 


journal  of  the  [Jan.  28, 

Pending  consideration,  Mr.  Baldwin  moved  to  la}’  that  motion  on 
the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in 
the  negative. 

The  question  recurring  on  the  motion  of  Mr.  Sutherland,  it  was 
decided  in  the  affirmative. 

The  President  thereupon  called  Mr.  Hull  to  the  chair,  and  at  the 
hour  of  11:15  o’clock  a.  m.,  the  Convention  went  into  Committee  of 
the  Whole. 

At  the  hour  of  6 :1'0  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Hull,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  Committee  was  concurred  in. 

And  at  the  hour  of  6  :12  o’clock  p.  m.,  Mr.  Trautmann  moved  that 
the  Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


IT 


THURSDAY,  JANUARY  29,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  J.  F.  Robinson,  of  the  Methodist 
Episcopal  Church,  of  Gilman. 

The  Journal  of  yesterday  was  being  read,  when,  on  motion  of  Mr. 
Brenholdt,  the  further  reading  of  the  same  was  dispensed  with  and  it 
was  ordered  to  stand  approved. 

Mr.  Hull  moved  that  the  Journal  of  Wednesday,  January  21,  be 

approved. 

The  motion  prevailed. 

And  it  was  so  ordered. 

The  Convention  proceeding  on  the  order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Lohman  introduced  Proposal  No.  81,  a.  Proposal  providing  for 
a  system  of  registering  land  titles  by  the  State  of  Illinois  or  counties 

thereof. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Sutherland  introduced  Proposal  No.  82,  a  Proposal  to  amend 
section  12  of  Article  IX,  in  relation  to  indebtedness. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Scanlan  introduced  Proposal  No.  83,  a  Proposal  to  provide 
for  State  supervision  of  county  fiscal  affairs. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  Dove  introduced  Proposal  No.  84,  a  Proposal  for  the  non¬ 
sectarian  reading  of  the  Bible  in  tlie  public  schools. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
Mr.  O’Brien  introduced  Proposal  No.  85,  a  Proposal  to  amend 
Article  IX  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  bv  title,  and  advanced  for  reference. 
Mr.  W.  A.  Johnson  introduced  Proposal  No.  86,  a  Proposal  to 
authorize  verdicts  in  civil  cases  by  less  than  a  unanimous  jury. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 
The  Convention  proceeding  on  the  order  of  First  Reading  and 
reference  of  Proposals. 

Proposal  No.  55,  a  Proposal  to  provide  for  a  system  of  local  govern¬ 
ment  for  the  city  of  Chicago. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Chicago  and  Cook  County. 

Proposal  No.  56,  a  Proposal  to  establish  a  judicial  system  for  the 

State  of  Illinois. 

Was  taken  up,  read 'at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. . 


48 


jourmal  or  the  [Jan.  29, 

Proposal  No.  57,  a  Proposal  to  prohibit  cumulative  voting  for  any 
public  office. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  58,  a  Proposal  to  fix  the  electorate  to  which  revision, 
alteration  and  amendments  adopted  by  this  Convention  shall  be  sub¬ 
mitted  for  ratification  or  rejection. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Submission  and  Address. 

Proposal  JSTo.  59,  a  Proposal  to  provide  for  the  election  of  boards 
of  county  commissioners. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  60,  a  Proposal  to  provide  for  the  abolition  of  town¬ 
ship  organization. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  61,  a  Proposal  to  provide  for  a  thorough  and  efficient 
system  of  public  libraries  in  this  State. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education. 

Proposal  No.  62,  a  Proposal  to  authorize  the  levy  of  taxes  by  coun¬ 
ties  for  public  library  purposes  and  to  urovide  for  the  exemption  of 
persons  and  property  in  certain  municipalities  from  county  library  taxes 
levied  by  the  counties  in  which  such  municipalities  are  located. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  63,  a  Proposal  to  provide  for  th^  classification  of 
property  for  the  purposes  of  taxation;  to  provide  for  exemptions  from 
taxation  and  the  limitation  of  tax  rates. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  64,  a  Proposal  to  provide  that  sheriffs  and  county 
treasurers  may  be  eligible  to  succeed  themselves  in  office. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  65,  a  Proposal  to  provide  that  the  personal  compensa¬ 
tion  of  no  county  officer  shall  be  dependent  upon  the  amount  of  the  fees 
collected  by  his  office. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  66,  a  Proposal  to  retain  section  1  of  Article  9  of  the 
present  Constitution  with  certain  words  omitted  therefrom  and  certain 
words  added  thereto. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  67,  a  Proposal  to  amend  section  17  of  Article  6,  in 
relation  to  the  qualification  of  Judges  of  inferior  courts. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


49 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  68,  a  Proposal  to  amend  Article  6  of  the  Judiciary 
Department,  in  relation  to  Supreme  Court. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  69,  a  Proposal  to  provide  for  certain  exemptions  from 
taxation. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  70,  a  Proposal  to  authorize  the  General  Assembly  to 
regulate  the  grand  jury  system. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  71,  a  Proposal  to  provide  a  system  of  taxation  for  the 

State  of  Illinois. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  72,  a  Proposal  relative  to  the  assessment  of  taxes 
upon  real  estate. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  73,  a  Proposal  defining  intoxicating  liquors  and 

beverages. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Distinction  Between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  74,  a  Proposal  granting  power  and  authority  to 

municipalities  to  license  and  regulate  boxing  contests. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Distinction  Between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  75,  a  Proposal  prohibiting  professional  wrestling 

exhibitions. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Distinction  Between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  76,  a  Proposal  exempting  from  taxation  certain  per¬ 
sonal  property. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  77,  a  Proposal  for  the  manufacture,  sale  and  distribu¬ 
tion  of  beers. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  arid  re¬ 
ferred  to  the  Committee  on  Distinction  between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  78,  a  Proposal  to  provide  that  the  local  authorities  of 
cities,  towns  and  villages  shall  have  full  power  to  prescribe  the  condi¬ 
tions  upon  which  the  streets,  alleys  or  highways  under  their  jurisdiction 
shall  bo  used  for  street  railway  purposes. 

— 4  C  J 


50 


journal  of  the  .  [Jan.  29, 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Municipal  Government. 

Proposal  ISTo.  79,  a  Proposal  to  provide  a  remedy  for  the  encroach¬ 
ment  upon  the  rights  and  privileges  of  the  people  of  this  State. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  80,  a  Proposal  to  abolish  cumulative  voting  for  mem¬ 
bers  of  the  Legislature. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Mr.  Taff,  from  the  Committee  on  Expenditures  and  Supplies, 
offered  the  following  resolution  and  moved  its  adoption: 


Resolution  No.  15. 

Resolved,  That  the  President  be  and  he  is  hereby  authorized  to  appoint 
a  competent  person  as  Proof  Reader  for  the  Convention  at  a  salary  not  to 
exceed  $150.00  per  month. 


And  the  question  being  on  the  adoption  of  the  resolution,  a  call  of 


the  roll  was  had,  resulting 

as  follows : 

Yeas,  82 ;  nays, 

0. 

Those 

voting  in  the  affirmative  are : 

Messrs. 

Baldwin 

Dunlap 

Ireland 

Miller 

Smith 

Barr 

Dupee,  E.  H. 

Jack 

Mills 

Stewart 

Beckman 

Dupuy,  G.  A. 

Jarman 

Moore 

Sutherland 

Brandon 

Elting 

Johnson,  L.  C. 

Morris 

Taff 

Brenholt 

Fifer 

Kerrick 

Nichols 

Tanner 

Carlstrom 

Fyke 

Kunde 

O’Brien 

Todd 

Chew 

Ganschow 

Latchford 

Parker 

Torrance 

Clarke 

Garrett 

Lill 

Pearce 

Traeger 

Coolley 

Gee 

L.indly 

Potts 

Trautmann 

Corcoran 

Gilbert 

Lohman 

Quinn 

Wall 

Corlett 

Gorman 

Mack 

Revell 

Warren 

Cruden 

Gray 

Mayer 

Rinaker 

Wilson 

Cutting 

Green 

McGuire 

Shanahan 

Wolff 

Dawes 

Hamill 

Meinert 

Shaw 

Woodward 

De  Young 

Hogan 

Michaelson 

Shuey 

Mr.  President 

Dove 

Hull 

Michal 

Six 

Yeas — 82. 

Dryer 

Iarussi 

Mighell 

Nays — 0. 

And  the  resolution  was  adopted. 

Mr.  Pearce  offered  the  following  resolution  and  moved  its  adop¬ 
tion  : 


Resolution  No.  16. 

Resolved,  That  the  President  of  this  Convention  be  and  he  is  hereby 
directed  to  extend  an  invitation  from  this  body  to  the  Hon.  Lawrence  Y. 
Sherman  and  the  Hon.  Medill  McCormick,  now  representing  the  State  of 
Illinois  in  the  Senate  of  the  United  States,  requesting  them  to  appear  before 
and  address  this  Convention  on  Wednesday,  February  25,  1920,  upon  the 
general  subjects  involved  in  the  work  of  this  body. 

And  the  resolution  was  adopted. 

Mr.  Hull  moved  that  the  Convention  do  now  resolve  itself  into  a 
Committee  of  the  Whole  for  the  purpose  of  further  considering  Pro¬ 
posal  No.  55. 

And  the  motion  prevailed. 

The  President  thereupon  called  Mr.  Hull  to  the  chair,  and  at  the 
hour  of  11:30  o’clock  a.  m.,  the  Convention  went  into  a  Committee  of 
the  Whole. 


1920. J 


CONSTITUTIONAL  CONVENTION. 


51 


At  the  hour  of  1 :32  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Hull,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  1 :35  o’clock  p.  m.,  Mr.  Gale  moved  that  the  Con¬ 
vention  do  now  adjourn  until  Tuesday,  February  3,  1920,  at  10 :00 
o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


52 


JOURNAL  OF  THE 


[Feb.  3, 


TUESDAY,  FEBRUARY  3,  1920,  10:00  O’CLOCK  A.  M. 

t 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  hy  the  Rev.  Phillip  W.  Yarrow,  o'i  the  Morgan 
Park  Congregational  Church,  of  Chicago. 

The  Journal  of  Thursday,  January  29,  was  being  read,  when,  on 
motion  of  Mr.  Hamill,  the  further  reading  of  the  same  was  dispensed 
with  and  it  was  ordered  to  stand  approved. 

Upon  request,  the  following  Delegates  were  excused  from  attend¬ 
ance  at  the  Convention  on  account  of  sickness  :  Messrs.  Wolff,  Gee, 
Rosenberg,  Stahl,  Dietz,  L.  C.  Johnson,  Pearce,  Paddock,  Potts  and 
Corcoran. 

The  Convention  proceeding  on  the  order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Lindly  introduced  Proposal  No.  87,  a  Proposal  to  provide  for 
the  apportionment  of  the  State  of  representation  in  the  General 
Assembly. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Gilbert  introduced  Proposal  No.  88,  a  Proposal  to  extend  by 
Constitution  suffrage  to  absent  voters. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Gilbert  introduced  Proposal  No.  89,  a  Proposal  to  extend  the 
powers  of  the  General  Assembly  relating  to  the  Judicial  Department  of 
the  State  Government. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Mighell  introduced  Proposal  No.  90,  a  Proposal  to  provide  for 
future  Constitutional  Conventions  and  amendments  to  the  Constitution. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Elting  introduced  Proposal  No.  91,  a  Proposal  to  amend 
Article  YI,  being  the  Judicial  Department. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Six  introduced  Proposal  No.  92,  a  Proposal  to  provide  for  the 
taxation  of  real  property  in  the  State  of  Illinois. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Sutherland  introduced  Proposal  No.  93,  a  Proposal  relating  to 
future  amendments  of  the  Constitution. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  No.  94,  a  Proposal  to  give  to 
cities  and  other  municipal  corporations  the  power  to  contract. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Cruden  introduced  Proposal  No.  95,  a  Proposal  to  provide  that 
the  county  board  shall  determine  the  number  and  compensation  of  the 
deputies  and  assistants  of  county  officers  in  Cook  County. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


53 


Mr.  Lohman  introduced  Proposal  No.  96,  a  Proposal  to  retain  for 
cities,  towns  or  incorporated  villages  the  right  to  permit  the  construct¬ 
ing,  operating  and  regulating  of  public  utilities. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Pincus  introduced  Proposal  No.  97,  a  Proposal  to  preserve  and 
secure  the  right  of  trial  by  jury  in  all  law  cases,  and  in  cases  where  a 
person  is  being  tried  for  the  violation  of  an  injunction. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Pincus  introduced  Proposal  No.  98,  a  Proposal  in  relation  to 
athletic  exhibitions. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  99,  a  Proposal  to  amend  section 
2  of  Article  8  to  read  as  follows. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  100,  a  Proposal  to  repeal  sec¬ 
tion  11  of  Article  6  of  the  Constitution. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  101,  a  Proposal  to  amend  sec¬ 
tion  3  of  Article  9  to  read  as  follows. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  102,  a  Proposal  to  amend  sec¬ 
tion  2  of  Article  6  in  relation  to  the  Supreme  Court  so  that  it  shall 
read  as  follows. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  No.  81,  a  Proposal  to  provide  for  a  system  of  registering 
land  titles  by  the  State  of  Illinois  or  counties  thereof. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Distinction  between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  82,  a  Proposal  to  amend  section  12,  of  Article  IX,  in 
relation  to  indebtedness. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  83,  a  Proposal  to  provide  for  State  supervision  of 
county  fiscal  affairs. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  84,  a  Proposal  to  provide  for  the  non-sectarian  read¬ 
ing  of  the  Bible  in  the  public  schools. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education. 

Proposal  No.  85,  a  Proposal  to  amend  Article  IX  of  the  Constitu¬ 
tion  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  86,  a  Proposal  to  authorize  verdicts  in  civil  cases  by 
less  than  a  unanimous  jury. 


54  JOURNAL  OF  the  [Feb.  3, 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Bights. 

At  the  hour  of  10 :40  o’clock  a.  m.,  Mr.  Hull  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


55 


% 


WEDNESDAY,  FEBRUARY  4,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Phillip  W.  Yarrow,  of  the  Morgan 
Park  Congregational  Church,  of  Chicago. 

The  Journal  of  yesterday  was  being  read,  when,  on  motion  of  Mr. 
Hamill  the  further  reading  of  the  same  was  dispensed  with,  and  it  was 
ordered  to  stand  approved. 

Upon  their  request,  Messrs.  Wall  and  Gilbert  were  granted  leave 
of  absence  from  the  Convention  for  the  remainder  of  the  week. 

The  following  Delegates  were  excused  from  attendance  of  the  Con¬ 
vention  on  account  of  sickness :  Messrs.  Mack,  Wolff,  Brewster  and 

Dietz. 

The  Convention  proceeding  on  the  order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Dove  introduced  Proposal  No.  103,  a  Proposal  exempting  cer¬ 
tain  real  estate  from  taxes. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Gilbert  introduced  Proposal  No.  104,  a  Proposal  to  authorize 
holding  Circuit  Courts  outside  of  county  seats  in  cities  of  5,000  inhab¬ 
itants  and  over. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Gilbert  introduced  Proposal  No.  105,  a  Proposal  to  provide  for 
the  election  of  Judges  of  the  Appellate  Court. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Wilson  introduced  Proposal  No.  106,  a  Proposal  to  provide  that 
the  right  of  free  speech  shall  not  authorize  the  use  of  language  tending 
to  overthrow  the  Government. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dryer  introduced  Proposal  No.  107,  a  Proposal  to  provide  for 
compensation  for  employees  injured  in  course  of  employment. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Scanlan  introduced  Proposal  No.  108,  a  Proposal  to  incorpo¬ 
rate  in  the  Bill  of  Rights  a  provision  guaranteeing  a  remedy  to  citizens 
for  damages  resulting  from  the  acts  of  administrative  officers. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Reading  and  ref¬ 
erence  of  Proposals. 

Proposal  No.  87,  a  Proposal  to  provide  for  the  apportionment  of 
the  state  for  representation  in  the  General  Assembly. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  88,  a  Proposal  to  extend  by  Constitution  suffrage  to 
absent  voters. 


56  JOURNAL  OF  the  [Feb.  4, 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Suffrage. 

Proposal  No.  89,  a  Proposal  to  extend  the  powers  of  the  General 
Assembly  relating  to  the  Judicial  Department  of  the  State  Government. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  90,  a  Proposal  to  provide  for  Future  Constitutional 
Conventions  and  amendments  to  the  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Future  Amendment  of  the  Constitution. 

Proposal  No.  91,  a  Proposal  to  amend  Article  YI,  being  the  Judi¬ 
cial  Department. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  92,  a  Proposal  for  the  taxation  of  real  property  in 
the  State  of  Illinois. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  93,  a  Proposal  relating  to  future  amendments  of  the 
Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Future  Amendments  of  the  Constitution. 

Proposal  No.  94,  a  Proposal  to  give  to  cities  and  other  municipal 
corporations  the  power  to  contract. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  95,  a  Proposal  to  provide  that  the  county  board  shall 
determine  the  number  and  compensation  of  the  deputies  and  assistants 
of  countv  officers  in  Cook  Countv. 

t / 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  96,  a  Proposal  to  retain  for  cities,  towns  and  incor¬ 
porated  villages  the  right  to  permit  the  constructing,  operating  and 
regulating  of  public  utilities. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  97,  a  Proposal  to  preserve  and  secure  the  right  of  trial 
by  jury  in  all  law  cases,  and  in  cases  where  a  person  is  being  tried  for 
the  violation  of  an  injunction. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  98,  a  Proposal  in  relation  to  athletic  exhibitions. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Distinction  between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  99,  a  Proposal  to  provide  for  the  exemption  from 
taxation  of  property  heretofore  or  hereafter  donated  for  school  purposes. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Education. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


57 


Proposal  No.  100,  a  Proposal  to  abolish  Appellate  Courts. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  101,  a  Proposal  to  provide  for  the  exemption  of  cer¬ 
tain  property  from  taxation. 

Was  taken  np,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  102,  a  Proposal  to  provide  for  a  Supreme  Court. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Mr.  Gorman  offered  the  following  resolution,  which  on  motion  of 
Mr.  Beckman  was  referred  to  the  Committee  on  Expenditures  and  Sup¬ 
plies  : 


Resolution  No.  17. 

Whereas,  Michael  F.  Sullivan,  after  a  campaign  for  the  position,  was 
elected  a  delegate  to  this  Constitutional  Convention  from  the  Second  Sena¬ 
torial  District;  and 

Whereas,  Within  a  few  days  following  the  assembling  of  this  Conven¬ 
tion  said  Michael  F.  Sullivan  was  summoned  to  the  Great  Beyond;  and 

Whereas,  There  was  a  certain  definite  expense  connected  with  his  said 
campaign  and  the  needs  of  his  family  are  such  as  to  require  the  compensa¬ 
tion  attached  to  the  office;  now,  therefore  be  it 

Resolved,  That  it  is  the  sense  of  this  Constitutional  Convention  that  the 
compensation  allowed  to  delegate  members  thereof  be  paid  to  the  surviving 
widow  of  said  Michael  F.  Sullivan,  or  to  his  legal  representatives. 

The  President  laid  before  the  Convention  the  certificate  for  the 
mileage  of  Delegates  with  the  following  statement : 

“The  act  under  which  this  Convention  is  convened  provides  by  section 
6  thereof  that 

‘The  pay  and  mileage  allowed  to  each  delegate  shall  be  certified  to  by 
the  President  of  the  Convention,  and  entered  on  the  Journal  of  the  Conven¬ 
tion.’ 

The  President  has  heretofore  certified  the  pay  of  the  delegates.  The 
President  now  presents  the  certificate  for  the  mileage  of  the  delegates  and 
directs  that  both  certificates  he  made  a  part  of  the  Journal  of  this  Conven¬ 
tion.” 

The  certificates  above  referred  to  are  in  words  and  figures  as  fol¬ 
lows  to-wit: 


STATEMENT  OF  COMPENSATION  PAID  TO  DELEGATES  OF  THE 

CONSTITUTIONAL  CONVENTION. 


Members.  Salary. 

Baldwin,  Percival  G.  . .  . . $2,000  00 

Barr,  George  A .  2,000  00 

Beckman,  William  H .  2,000  00 

Brandon,  Rodney  H .  2,000  00 

Brenholt,  John  J.,  Jr .  2,000  00 

Brewster,  Edward  H .  2,000  00 

Carey,  Archibald  J .  2,000  00 

Carlstrom,  Oscar  E .  2,000  00 

Chew,  William  H .  2,000  00 

Clarke,  Elam  L .  2,000  00 

Conkling,  Clinton  L .  2,000  00 

Coolley,  E,  B .  2,000  00 

Corcoran.  Edward  .T .  2,000  00 

Corlett,  Edward  .  2,000  00 


Postage  and 
stationary  Total 


Mileage. 

account. 

amount  paid. 

$3  9 

00 

$50 

00 

$2,089 

00 

30 

00 

50 

00 

2,080 

00 

38 

00 

50 

00 

2,088 

00 

37 

10 

50 

00 

2,087 

10 

14 

80 

50 

00 

2,064 

80 

34 

50 

50 

00 

2,084 

50 

38 

00 

50 

00 

2,088 

00 

32 

60 

50 

00 

2,082 

60 

12 

00 

50 

00 

2,062 

00 

45 

40 

50 

00 

2,095 

40 

none 

50 

00 

2,050 

00 

22 

00 

50 

00 

2,072 

00 

37 

20 

50 

00 

2,087 

20 

30 

00 

50 

00 

2,080 

00 

58 


JOURNAL  OF  THE 


[Feb.  4, 


STATEMENT  OF  COMPENSATION— Continued. 


Members.  Salary. 

Cruden,  William  H .  2,000  00 

Curtis,  Edward  C .  2,000  00 

Cutting-,  Charles  S .  2,000  00 

Davis,  Abel  .  2,000  00 

Dawes,  Rufus  C .  2,000  00 

Dietz,  Cyrus  E .  2,000  00 

DeYoung-,  Frederick  R .  2,000  00 

Dove,  F.  R .  2,000  00 

Dryer,  John  L .  2,000  00 

Dunlap,  Henry  M .  2,000  00 

Dupee,  Eugene  H .  2,000  00 

Dupuy,  George  A .  2,000  00 

Elting,  Philip  E .  2,000  00 

Fifer,  Joseph  W .  2,000  00 

Frole,  Thomas  F .  2,000  00 

Fyke,  Edgar  E .  2,000  00 

Gale,  George  C .  2,000  00 

Ganschow,  William  .  2,000  00 

Garrett,  Bruce  H .  2,000  00 

Gee,  Sylvester  J .  2,000  00 

Gilbert,  G.  Gale .  2,000  00 

Goodyear,  A.  F .  2,000  00 

Gorman,  John  J .  2,000  00 

Gray,  William  S .  2,000  00 

Green,  Henry  1 .  2,000  00 

Hamill,  Charles  H .  2,000  00 

Hogan,  George  W .  2,000  00 

Hollenbeck,  Wm.  T .  2,000  00 

Hull,  Morton  D .  2,000  00 

Iarussi,  Michael  .  2,000  00 

Ireland,  Charles  H .  2,000  00 

Jack,  James  P .  2,000  00 

Jarman,  Lewis  A .  2,000  00 

Johnson,  Lawrence  C .  2,000  00 

Johnson,  Watts  A .  2,000  00 

Kerrick,  Thomas  C .  2,000  00 

Kunde,  Ernst  .  2,000  00 

Latchford,  George  Ip .  2,000  00 

Lill,  Herbert  F .  2,000  00 

Lindley,  Cicero  J .  2,000  00 

Lohman,  George  F .  2,000  00 

McEwen,  Willard  M .  2,000  00 

McGuire,  S.  W .  2,000  00 

Mack,  David  E .  2,000  00 

Mayer,  Levi  .  2,000  00 

Meinert,  Henry  W .  2,000  00 

Michael,  Charles  J .  2,000  00 

Michaelson,  M.  A .  2,000  00 

Mighell,  Lee  .  2.000  00 

Miller,  Amos  C .  2,000  00 

Mills,  Andrew  H .  2,000  00 

Moore,  Charles  B.  T .  2,000  00 

Morris,  Edward  H .  2,000  00 

Nichols,  James  .  2,000  00 

O’Brien,  Martin  J .  2.000  00 

Paddock.  James  H .  2,000  00 

Parker,  Charles  V .  2,000  00 

Pearce,  Prince  A .  2,000  00 

Pincus,  S.  E .  2,000  00 

Potts,  Ernest  D .  2,000  00 

Quinn,  Frank  J .  2,000  00 

Revell,  Alexander  H .  2,000  00 

Rinaker,  Thos .  2,000  00 

Rosenberg,  Michael  .  2,000  00 

Scanlan,  William  M .  2,000  00 

Shanahan,  David  E .  2,000  00 

Shaw,  Guy  L .  2,000  00 

Shuey,  Charles  A .  2,000  00 

Six,  Rollo  .  2,000  00 

Smith,  Arthur  M .  2.000  00 

Sneed,  William  J .  2,000  00 

Stahl,  Harry  H .  2,000  00 

Stewart,  William  .  2,000  00 

Sutherland,  Douglas  . .  2,000  00 

Taff,  A.  E .  2,000  00 


Postage  and 
stationary  Total 


Mileage. 

account. 

amount  paid. 

39 

40 

50 

00 

2,089 

40 

31 

20 

50 

00 

2,081 

20 

38 

80 

50 

00 

2,088 

80 

38 

20 

50 

00 

2,088 

20 

39 

60 

50 

00 

2,089 

60 

32 

00 

50 

00 

2,082 

00 

35 

00 

50 

00 

2,085 

00 

12 

00 

50 

00 

2,062 

00 

11 

20 

50 

00 

2,061 

20 

18 

00 

50 

00 

2,068 

00 

38 

00 

50 

00 

2,088 

00 

38 

00 

50 

00 

2,088 

00 

20 

10 

50 

00 

2,070 

10 

11 

80 

50 

00 

2,061 

80 

37 

00 

50 

00 

2,087 

00 

20 

60 

50 

00 

2,070 

60 

25 

60 

50 

00 

2,075 

60 

38 

00 

50 

00 

2,088 

00 

54 

40 

50 

00 

2,104 

40 

31 

60 

50 

00 

2,081 

60 

32 

00 

50 

00 

2,082 

00 

25 

40 

50 

00 

2,075 

40 

37 

50 

50 

00 

2,087 

50 

19 

20 

50 

00 

2,069 

20 

18 

00 

50 

00 

2,068 

00 

37 

40 

50 

00 

2,087 

40 

40 

00 

50 

00 

2,090 

00 

33 

40 

50 

00 

2,083 

40 

38 

20 

50 

00 

2,088 

20 

37 

00 

50 

00 

2,087 

00 

18 

60 

50 

00 

2,068 

60 

24 

20 

50 

00 

2,074 

20 

16 

60 

50 

00 

2,066 

60 

24 

00 

50 

00 

2,074 

00 

35 

80 

50 

00 

2,085 

80 

12 

20 

50 

00 

2,062 

20 

38 

00 

50 

00 

2,088 

00 

38 

20 

50 

00 

2,088 

20 

24 

20 

50 

00 

2,074 

20 

18 

80 

50 

00 

2,068 

80 

38 

60 

50 

00 

2,088 

60 

38 

40 

50 

00 

2,088 

40 

31 

40 

50 

00 

2,081 

40 

24 

20 

50 

00 

2,074 

20 

38 

00 

50 

00 

2,088 

00 

33 

00 

50 

00 

2,083 

00 

38 

20 

50 

00 

2,088 

20 

38 

20 

50 

00 

2,088 

20 

37 

20 

50 

00 

2,087 

20 

40 

00 

50 

00 

2,090 

00 

8 

00 

50 

00 

2,058 

00 

8 

00 

50 

00 

2,05S 

00 

38 

00 

50 

00 

2,088 

00 

37 

00 

50 

00 

2,087 

00 

38 

00 

50 

00 

2,088 

00 

none 

50 

00 

2,050 

00 

46 

60 

50 

00 

2,096 

60 

44 

60 

50 

00 

2,094 

60 

37 

40 

50 

00 

2,087 

40 

37 

40 

50 

00 

2,087 

40 

14 

40 

50 

00 

2,064 

40 

38 

00 

50 

00 

2.088 

00 

12 

00 

50 

00 

2,062 

00 

38 

00 

50 

00 

2,088 

00 

26 

40 

50 

00 

2,076 

40 

38 

00 

50 

00 

2,088 

00 

10 

20 

50 

00 

2,060 

20 

37 

60 

50 

00 

2,087 

60 

16 

40 

50 

00 

2,066 

40 

64 

00 

50 

00 

2,114 

00 

42 

20 

50 

00 

2,092 

20 

60 

00 

50 

00 

2,110 

00 

24 

80 

50 

00 

2,074 

80 

38 

60 

50 

00 

2,088 

60 

19 

80 

50 

00 

2,069 

8* 

1920.] 


CONSTITUTIONAL  CONVENTION. 

« 


59 


STATEMENT  OF  COMPENSATION— Concluded. 


Postage  and 
stationary  Total 


Members. 

Salary. 

Mileage. 

account. 

amount  paid. 

Tanner,  J.  Mack . 

.  2,000 

00 

22 

20 

50 

00 

2,072 

20 

Todd,  Hiram  E . 

.  2,000 

00 

14 

40 

50 

00 

2,064 

40 

Torrance,  H.  E . 

.  2,000 

00 

18 

80 

50 

00 

2,068 

80 

Traeger,  John  E . 

.  2,000 

00 

38 

20 

50 

00 

2,088 

20 

Trautmann,  William  E . 

.  2,000 

00 

20 

40 

50 

00 

2,070 

40 

Wall,  William  A . 

.  2,000 

00 

49 

20 

50 

00 

2,099 

20 

Warren,  Alvin  . 

.  2,000 

00 

50 

00 

50 

00 

2,100 

00 

Whitman,  Frank  S . 

.  2,000 

00 

55 

80 

50 

00 

2,105 

80 

Wilson,  Waiter  H . 

.  2,000 

00 

38 

20 

50 

00 

2,088 

20 

Wolff,  Oscar  . 

.  2,000 

00 

39 

60 

50 

00 

2,089 

60 

Woodward,  Charles  . 

.  2,000 

00 

38 

80 

50 

00 

2,088 

80 

Woodward,  Charles  E . 

.  2,000 

00 

33 

00 

50 

00 

2,083 

00 

At  the  hour  of  11 :00  o’clock  A.  M.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


60 


JOURNAL  OF  THE 


[Feb.  5, 


THURSDAY,  FEBRUARY  5,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Phillip  W.  Yarrow,  of  the  Morgan 
Park  Congregational  Church,  of  Chicago. 

The  Journal  of  yesterday  was  being  read,  when,  on  motion  of  Mr. 
Sutherland,  the  further  reading  of  the  same  was  dispensed  with  and  it 
was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Cruden  introduced  Proposal  No.  109,  a  Proposal  to  provide  for 
a  tax  upon  the  income  of  bachelors. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Wilson  introduced  Proposal  No.  110,  a  Proposal  to  require 
monthly  settlements  by  persons  charged  with  the  duty  of  collecting 
county  and  local  taxes. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Wilson,  by  request,  introduced  Proposal  No.  Ill,  a  Proposal 
to  provide  for  the  consolidation  of  local  governments  having  jurisdiction 
wholly  or  partly  within  the  city  of  Chicago. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Six  introduced  Proposal  No.  112,  a  Proposal  to  establish  the 
militia  of  the  State  of  Illinois. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Hull  introduced  Proposal  No.  113,  a  Proposal  to  prevent  taxa¬ 
tion  without  representation. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  No.  103,  a  Proposal  exempting  certain  real  estate  from 
taxes. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  104,  a  Proposal  to  authorize  holding  Circuit  Courts 
outside  of  county  seats  in  cities  of  5,000  inhabitants  and  over. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  105,  a  Proposal  to  provide  for  the  election  of  Judges 
of  the  Appellate  Court. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  106,  a  Proposal  to  provide  that  the  right  of  free 
speech  shall  not  authorize  the  use  of  language  tending  to  overthrow  the 
Government. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


61 


•  _ 

Was  taken  up,  read$at  large  a  first  time,  ordered  printed  and 

referred  to  the  Committee  on  Bill  of  Bights. 

Proposal  No.  107,  a  Proposal  to  provide  for  compensation  for  em¬ 
ployees  injured  in  course  of  employment. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 

referred  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Proposal  No.  108,  a  Proposal  to  incorporate  in  the  Bill  of  Bights  a 
provision  guaranteeing  a  remedy  to  citizens  for  damages  resulting  from 
the  acts  of  administrative  officers. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 

referred  to  the  Committee  on  Bill  of  Bights. 

The  President,  as  Chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Buies  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  reports  for  your  approval  that 
Rule  37  of  Article  VI  of  the  rules  of  this  Convention  be  amended  to  read 

as  follows: 

“A  majority  of  a  committee  shall  constitute  a  quorum.  All  committee 
reports  upon  Proposals  shall  be  in  writing,  and  shall  be  signed  by  at  least 
a  majority  of  the  members  of  the  committee,  and  shall  be  accompanied  by 
all  the  papers  in  relation  thereto.  Such  reports  when  made  shall  be  spread 
upon  the  Journal. 

“Every  committee  report  upon  Proposals,  shall  be  in  proper  sectional 
form  and  shall  contain  no  reasons  for  such  Proposal,  nor  any  recital  of 
facts  which  may  have  led  to  the  report;  but  the  committee  or  a  reporting 
minority  thereof,  if  it  choose,  may  present  on  separate  paper  a  recital  of 
facts  with  an  argument,  which,  however,  shall  not  be  entered  on  the  Journal, 
except  when  ordered  by  the  Convention.” 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  as  Chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Buies  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  to  whom  was  referred  Resolu¬ 
tion  No.  14,  introduced  by  Delegate  Jarman,  respectfully  submits  for  your 
approval  the  following  report: 

This  committee  approves  the  suggestion  made  in  said  resolution,  and 
suggests  the  following  amendment  to  the  rules  heretofore  adopted  for  the 
procedure  of  the  Convention: 

Resolved,  That  Rule  23  “Order  of  Business”  be  amended  to  read  as 

follows: 

Opening  Prayer. 

Corrections,  if  any,  and  approval  of  the  Journal. 

Special  orders  of  the  day. 

Reports  of  standing  committees. 

Reports  of  select  committees. 

Introduction  of  Proposals. 

First  reading  and  reference  of  Proposals. 

Second  reading  of  Proposals. 

Motions  and  resolutions. 

Unfinished  business. 

General  cfrders  of  the  day. 


62  JOURNAL  or  the  [Feb.  0, 

Further ,  resolved,  That  there  be  added  to  the  rules  of  this  Convention 
a  new  rule  to  be  designated  23^  of  Article  IV  to  read  as  follows: 

2314.  If  on  the  Convention  day  following  the  day  on  which  the  printed 
Journal  for  the  preceding  Convention  day  is  placed  on  the  desks  of  the 
Delegates,  no  corrections  be  made  of  the  Journal  as  printed  for  such  previous 
Convention  day,  the  same  shall  stand  approved. 

Further,  That  said  Resolution  No.  14,  as  offered,  lie  upon  the  table. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  as  Chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  reports  the  following  special 
order  of  business  for  next  Wednesday,  February  11: 

The  consideration  in  Committee  of  the  Whole  of  the  various  Proposals 
concerning  a  proposed  judicial  system,  and  especially  the  consideration  of 
Proposal  No.  56,  introduced  by  Delegate  Miller. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

At  the  hour  of  10 :40  o’clock  a.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned.  1 


1920.] 


CONSTITUTIONAL  CONVENTION. 


63 


FRIDAY,  FEBRUARY  6,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Phillip  W.  Yarrow,  of  the  Morgan 
Park  Congregational  Church,  of  Chicago. 

The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals, 

Proposal  No.  109,  a  Proposal  to  provide  for  a  tax  upon  the  income 
of  bachelors. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  110,  a  Proposal  to  require  monthly  settlements  by 
persons  charged  with  the  duty  of  collecting  county  and  local  taxes. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  Ill,  a  Proposal  to  provide  for  the  consolidation  of 
local  governments  having  jurisdiction  wholly  or  partly  within  the  city 
of  Chicago. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Chicago  and  Cook  County. 

Proposal  No.  112,  a  Proposal  to  establish  the  militia  of  the  State 

of  Illinois. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Military  Affairs. 

Proposal  No.  113,  a  Proposal  to  prevent  taxation  without  repre¬ 
sentation. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

At  the  hour  of  10 :15  o’clock  a,  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  February  10,  1920,  at  10  :00 
o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


64 


JOURNAL  OF  THE 


[Feb.  10, 


TUESDAY,  FEBRUARY  10,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  Rabbi  Edward  L.  Israel,  of  the  B’rith  Sholo- 
mon  Temple,  of  Springfield. 

The  following  Delegates  were  excused  from  attendance  of  the  Con¬ 
vention  on  account  of  sickness :  Messrs.  Lindly,  McGuire,  Potts,  Pin- 
cus,  Parker,  Pearce  and  Barr. 

Mr.  Brewster  was  excused  for  the  remainder  of  the  week  on  ac¬ 
count  of  the  death  of  Mrs.  Brewster. 

Mr.  Taff  from  the  Committee  on  Expenditures  and  supplies 
submitted  the  following  report : 

Your  Committee  on  Expenditures  and  Supplies  to  which  was  referred 
Convention  Resolution  No.  17  offered  by  Delegate  Gorman  of  Cook  County 
respectfully  report  as  follows: 

The  subject  matter  and  purpose  expressed  in  said  resolution  meets  with 
the  approval  of  your  committee.  Your  committee,  however,  deem  the  word¬ 
ing  of  the  resolution  to  be  insufficient  and  inadequate  to  accomplish  the 
purpose  for  which  it  was  offered.  Your  committee  therefore  recommend 
the  adoption  of  a  resolution  as  follows: 

Resolution  No.  18. 

“Resolved,  That  it  is  the  sense  of  this  Convention  that  the  sum  of  two 
thousand  and  fifty  dollars  ($2,050),  being  the  amount  which  Michael  F.  Sul¬ 
livan,  a  delegate-elect,  would  have  received  had  he  taken  the  oath  of  office 
as  such  delegate,  be  paid  to  Ethel  M.  Sullivan,  widow  of  the  said  Michael 
F.  Sullivan,  deceased. 

“That  the  President  of  this  Convention  be  and  he  is  hereby  directed  to 
make,  execute,  and  deliver  a  voucher  to  the  Auditor  of  Public  Accounts  for 
said  sum  of  money,  said  voucher  to  be  in  favor  of  Ethel  M.  Sullivan,  widow 
as  aforesaid,  and  the  Auditor  of  Public  Accounts  is  hereby  authorized  and 
empowered  to  pay  the  same  out  of  moneys  appropriated  ‘for  the  payment  of 
salaries  and  other  expenses  properly  incidental  to  the  Constitutional  Con¬ 
vention.’ 

“Your  committee  further  recommends  that  Resolution  No.  17  lie  upon 
the  table.” 

(Signed)  Walter  H.  Wilson. 

A.  E.  Taff. 

J.  H.  Paddock. 

H.  H.  Stahl. 

Rollo  Six. 

Committee. 

The  question  being  on  the  adoption  of  the  report  of  the  commit¬ 
tee,  a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas  73 ;  nays  0. 


1920.] 


CONSTITUTIONAL  CONVENTION.  65 

Those  Voting  in  the  affirmative  are : 


Baldwin 

Dietz 

Hogan 

Miller 

Sutherland 

Beckman 

Dove 

Hollenbeck 

Mills 

Taff 

Brenholt 

Dunlap 

Iarussi 

Moore 

Tanner 

Carlstrom 

Dupee,  E.  H. 

Jack 

Nichols 

Todd 

Chew 

Dupuy,  G.  A. 

Jarman 

O’Brien 

Torrance 

Clarke 

Elting 

Johnson,  W.  A. 

Paddock 

Traeger 

Conkling 

Frole 

Kerrick 

Rinaker 

Trautmann 

Coolley 

Fyke 

Kunde 

Rosenberg 

Wall 

Corcoran 

Gale 

Latchford 

Scanlan 

Whitman 

Corlett 

Garrett 

Lill 

Shanahan 

Wilson 

Cruden 

Gee 

Lohman 

Shaw 

Wolff 

Curtis 

Gilbert 

Mack 

Shuey 

Woodward 

Cutting 

Gorman 

McEwen 

Six 

Mr.  President 

Davis 

Gray 

Michaelson 

Smith 

Yeas — 73. 

Dawes 

Green 

Michal 

Stahl 

Nays — 0. 

And  the  report  of  the  committee  was 

adopted. 

The  Convention  proceeding  on  the  order  of  Introduction  of  Pro¬ 
posals. 


Mr.  Curtis  introduced  Proposal  No.  114,  a  Proposal  to  provide  for 
the  exemption  of  bonds,  obligations  and  other  evidence  of  indebtedness 
of  the  State  and  governmental  sub-divisions  thereof  from  taxation. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Cutting  introduced  Proposal  No.  115,  a  Proposal  to  amend 
and  adopt  sections  18,  19  and  20  of  Article  VI  of  the  Constitution  of 
1870  relating  to  county  and  probate  courts. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Gilbert  introduced  Proposal  No.  116,  a  Proposal  for  additional 
Judges  of  County  Courts,  with  Justice  of  the  Peace  andf  other  juris¬ 
diction  in  county  seat  or  such  other  places  as  court  may  select,  always 
in  session. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Gilbert  introduced  Proposal  No.  117,  a  Proposal  to  establish 
a  Probate  Court  in  each  county  having  a  population  of  20,000  inhab¬ 
itants. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee  introduced  Proposal  No.  118,  a  Proposal  to  provide  for 
Excess  Condemnation. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee  introduced  Proposal  No.  119,  a  Proposal  to  provide  for 
Excess  Condemnation. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee  introduced  Proposal  No.  120,  a  Proposal  relating  to 
Eminent  Domain. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee  introduced  Proposal  No.  121,  a  Proposal  to  revise  Ar¬ 
ticle  2,  section  13,  relating  to  Eminent  Domain. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee  introduced  Proposal  No.  122,  a  Proposal  in  aid  of 
Zoning. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Elting  introduced  Proposal  No.  123,  a  Proposal  to  amend  Ar¬ 
ticle  VI,  being  the  Judicial  Department  relative  to  re-hearings  in  the 
Appellate  Court. 


—5  C  J 


66 


JOURNAL  OF  THE 


[Feb.  10, 


The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Elting  introduced  Proposal  No.  124,  a  Proposal  to  amend 
sections  18  and  19  of  Article  VI,  regarding  County  Courts. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Taff  introduced  Proposal  No.  125,  a  Proposal  to  provide  for 
the  election  of  a  county  judge,  sheriff,  treasurer  and  a  clerk  of  the  cir¬ 
cuit  court,  and  fixing  their  term  of  office. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Taff  introduced  Proposal  No.  126,  a  Proposal  to  provide  for 
the  appointment  of  county  clerks  and  coroners  by  the  board  of  county 
commissioners. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Taff  introduced  Proposal  No.  127,  a  Proposal  to  provide  that 
the  compensation  of  clerks  of  courts  of  record,  county  clerks,  treasurer, 
sheriff,  coroner  and  recorder,  shall  be  fixed  by  the  board  of  county  com¬ 
missioners. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Fyke  introduced  Proposal  No.  128,  a  Proposal  to  describe  sen¬ 
atorial  districts. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Green  introduced  Proposal  No.  129,  a  Proposal  to  guarantee 
political  freedom  to  the  citizen. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

At  the  hour  of  10:40  o’clock  A.  M.,  Mr.  Corcoran  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


67 


WEDNESDAY,  FEBRUARY  11,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  Rabbi  Edward  L.  Israel,  of  the  B’rith  Sholo- 
mon  Temple,  of  Springfield. 

The  Journals  of  Thursday  and  Friday,  February  5th  and  6th  re¬ 
spectively,  having  been  printed  and  placed  on  the  desks  of  the  Delegates, 
as  provided  under  the  rules  were  taken  up  and  no  corrections  appearing, 
were  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  Order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Gray  introduced  Proposal  No.  130,  a  Proposal  to  amend  sec¬ 
tion  5  of  Article  VIII  of  the  Constitution  of  1870  relating  to  county 
superintendent  of  schools. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Gray  introduced  Proposal  No.  131,  a  Proposal  to  retain  in  the 
proposed  Constitution  certain  sections  of  the  present  Constitution  re¬ 
lating  to  the  common  school  system. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Shaw  introduced  Proposal  No.  132,  a  Proposal  to  provide  a 
judicial  system  for  the  State  of  Illinois. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Wolff  introduced  Proposal  No.  133,  a  Proposal  for  the  initia¬ 
tive  and  referendum. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Wolff  introduced  Proposal  No.  134,  a  Proposal  for  the  separate 
submission  to  the  electors  of  provisions  for  the  initiative  and  referendum. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Gilbert  introduced  Proposal  No.  135,  a  Proposal  to  omit  men¬ 
tion  of  justices  of  the  peace,  police  magistrates  and  constables  as  offi¬ 
cers  in  Constitution. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Morris  introduced  Proposal  No.  136,  a  Proposal  to  add  to  the 
Bill  of  Rights  an  additional  section. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Morris  introduced  Proposal  No.  137,  a  Proposal  in  relation  to 
the  Illinois  Central  Railroad. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Six,  by  request,  introduced  Proposal  No.  138,  a  Proposal  to 
provide  for  the  appointment  of  Circuit  Judges  by  the  Governor  upon 
the  recommendation  of  the  lawyers  of  the  district. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 


68 


JOURNAL  OF  THE  [Feb.  11, 

Mr.  Corlett,  by  request,  introduced  Proposal  No.  139,  a  Proposal 
to  establish  a  Department  of  Professional  Education. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Corlett,  by  request,  introduced  Proposal  No.  140,  a  Proposal  to 
establish  a  Department  of  Trades  and  Eegistration. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Beading  and  Ref¬ 
erence  of  Proposals. 

Proposal  No.  114,  a  Proposal  to  provide  for  the  exemption  of  bonds, 
obligations  and  other  evidences  of  indebtedness  of  the  state  and  govern¬ 
mental  sub-divisions  thereof  from  taxation. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  115,  a  Proposal  to  amend  and  adopt  sections  18,  19 
and  20  of  Article  VI  of  the  Constitution  of  1870  relating  to  County  and 
Probate  Courts. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  116,  a  Proposal  for  additional  Judges  of  County 
Courts,  with  Justice  of  the  Peace  and  other  jurisdiction  in  county  seat 
or  such  other  places  as  court  may  select,  always  in  session. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  117,  a  Proposal  to  establish  a  Probate  Court  in  each 
county  having  a  population  of  20,000  inhabitants. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  118,  a  Proposal  to  provide  for  excess  condemnation. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Bights. 

Proposal  No.  119,  a  Proposal  to  provide  for  excess  condemnation. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Bights. 

Proposal  No.  120,  a  Proposal  relating  to  eminent  domain. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  121,  a  Proposal  to  revise  Article  2,  section  13,  relat¬ 
ing  to  eminent  domain. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  122,  a  Proposal  in  aid  of  zoning. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  123,  a  Proposal  to  amend  Article  VI,  being  the  Judi¬ 
cial  Department,  relative  to  re-hearings  in  the  Appellate  Court. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  124,  a  Proposal  to  amend  sections  18  and  19  of  Ar¬ 
ticle  YT,  regarding  county  courts. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


69 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

ProjDosal  No.  125,  a  Proposal  to  provide  for  the  election  of  a  county 
judge,  sheriff,  treasurer  and  a  clerk  of  the  Circuit  Court,  and  fixing 
their  term  of  office. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  126,  a  Proposal  to  provide  for  the  appointment  of 
county  clerks  and  coroners  by  the  board  of  county  commissioners. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  127,  a  Proposal  to  provide  that  the  compensation  of 
clerks  of  courts  of  record,  county  clerks,  treasurer,  sheriff,  coroner  and 
recorder,  shall  be  fixed  by  the  board  of  county  commissioners. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  128,  a  Proposal  to  describe  Senatorial  Districts. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  129,  a  Proposal  to  guarantee  political  freedom  to  the 
citizen. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Eights. 

Mr.  Dryer  was  excused  from  attendance  at  the  Convention  on  ac¬ 
count  of  sickness. 

Upon  his  request,  Mr.  Brandon  was  excused  from  attendance  at  the 
Convention  for  the  remainder  of  the  week. 

In  accordance  with  the  Special  Order  entered  on  February  5th,  the 
President  called  Mr.  De  Young  to  the  chair. 

And  at  the  hour  of  10  :45  a.  m.,  the  Convention  went  into  the  Com¬ 
mittee  of  the  Whole  for  the  consideration  of  various  Proposals  concern¬ 
ing  a  proposed  judicial  system  and  especially  the  consideration  of  Pro¬ 
posal  No.  56. 

At  the  hour  of  4 :40  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  De  Young  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  4:42  o’clock  p.  m.,  Mr.  Brenholt  moved  that 
the  Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


70 


JOURNAL  OF  THE 


[Feb.  12, 


THURSDAY,  FEBRUARY  12,  1920,  10:00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  Rabbi  Edward  L,  Israel,  of  the  B'rith  Sholo- 
mon  Temple,  of  Springfield. 

The  Journal  of  Tuesday  February  10th  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was: 
taken  up  and  no  corrections  appearing  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  reports  the  following  matters 
for  consideration  in  Committee  of  the  Whole  on  next  Tuesday,  February 
17th,  namely: 

The  consideration  of  Proposals  numbered  133  and  134,  respectively. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  reports  the  following  matters 
for  consideration  in  Committee  of  the  Whole  on  next  Wednesday,  February 
18th: 

The  consideration  of  the  various  proposals  concerning  a  proposed  judi¬ 
cial  system,  and  especially  the  consideration  of  Proposal  No.  56. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  Convention  proceeding  on  the  order  of  First  Reading  and  Ref¬ 
erence  of  Proposals. 

Proposal  No.  130,  a  Proposal  to  amend  section  5  of  Article  VIII  of 
the  Constitution  of  1870  relating  to  County  Superintendent  of  Schools. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Education. 

Proposal  No.  131,  a  Proposal  to  retain  in  the  proposed  Constitution 
certain  sections  of  the  present  Constitution  relating  to  the  common 
school  system. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Education. 

Proposal  No.  132,  a  Proposal  to  establish  a  judicial  system  for  the 
State  of  Illinois. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


71 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  133,  a  Proposal  for  the  initiative  and  referendum. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Initiative,  Keferendum  and  Recall. 

Proposal  No.  134,  a  Proposal  to  provide  for  the  separate  submission 
to  the  electors  of  provisions  for  the  initiative  and  referendum. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Submission  and  Address,  when  appointed. 

Proposal  No.  135,  a  Proposal  to  omit  mention  of  justices  of  the 
peace,  police  magistrates  and  constables  as  officers  in  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  136,  a  Proposal  to  add  to  the  Bill  of  Eights  an  addi¬ 
tional  section. 

Was.  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  137,  a  Proposal  in  relation  to  the  Illinois  Central  Rail¬ 
road. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  138,  a  Proposal  to  provide  for  the  appointment  of 
circuit  judges  by  the  Governor  upon  the  recommendation  of  the  lawyers 
of  the  district. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  139,  a  Proposal  to  establish  a  Department  of  Profes¬ 
sional  Education. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Education. 

Proposal  No.  140,  a  Proposal  to  establish  a  Department  of  Trades 
and  Registration. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Mr.  Trautmann  offered  the  following  resolution  and  moved  its  adop¬ 
tion  : 


Resolution  No.  20. 

Resolved ,  That  the  Secretary  of  State  be  and  he  is  hereby  requested  to 
cause  to  be  prepared  ready  for  occupancy  by  one  or  more  of  the  committees 
of  this  Convention  on  Tuesday  morning  next,  room  530,  in  the  State  House, 
which  said  room  was  by  the  last  General  Assembly  expressly  reserved  for 
the  use  of  this  Convention  and  its  committees. 

And  the  resolution  was  adopted. 

Mr.  Warren  offered  the  following  resolution  and  moved  its  adoption : 

Resolution  No.  21. 

Whereas,  The  delegates  to  the  Constitutional  Convention  of  the  State  of 
Illinois  have  learned  with  sorrow  of  the  death  of  Mrs.  Edward  H.  Brewster, 
the  beloved  wife  of  Edward  H.  Brewster,  a  Delegate  to  this  Convention  from 


72  JOURNAL  OF  the  [Feb.  12, 

the  Thirty-fifth  Senatorial  District,  on  the  seventh  day  of  February,  nineteen 
hundred  and  twenty,  at  Dixon,  Illinois;  therefore  be  it 

Resolved ,  That  the  Delegates  to  the  Constitutional  Convention  express 
their  deep  regret  at  the  loss  to  Mr.  Brewster  and  to  his  children,  of  the  lov¬ 
ing  comradeship  and  counsel  of  a  devoted  wife  and  mother,  and  that  they  ex¬ 
tend  their  sympathy  to  the  members  of  the  bereaved  family;  and,  be  it  fur¬ 
ther 

Resolved,  That  this  resolution  be  spread  on  the  records  of  the  Conven¬ 
tion  and  that  a  copy  thereof  suitably  engrossed  be  forwarded  to  the  family. 

And  the  resolution  was  unanimously  adopted  by  a  rising  vote. 

11  O’Cloce:  a.  m. 

The  hour  having  arrived,  the  time  heretofore  fixed  by  Resolution 
No.  9,  adopted  on  January  15th,  for  the  holding  of  appropriate  exercises 
to  commemorate  the  anniversary  of  the  birth  of  Abraham  Lincoln. 

The  President  called  Mr.  Jarman  to  the  chair. 

Whereupon  the  following  program  was  carried  out : 

Song,  “Battle  Hymn  of  the  Republic” — Male  quartette. 

Address — Captain  Oscar  E.  Carlstrom. 

Address — Hon.  Clinton  L.  Conkling. 

Song,  “Illinois” — Male  Quartette. 

Address — Former  Governor  Joseph  W.  Fifer. 

At  the  conclusion  of  the  exercises,  on  motion  of  Mr.  Brenholt,  a 
vote  of  thanks  was  extended  to  the  distinguished  speakers  and  also  to  the 
quartette  for  the  excellent  program  rendered. 

The  President  having  resumed  the  chair. 

At  the  hour  of  1 :15  o’clock  p.  m.,  Mr.  Brenholt  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  February  17,  1920,  at  10  :00 
o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


73 


TUESDAY,  FEBRUARY  17,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Father  Charles  Gilmartin,  of  the 
Sacred  Heart  Church,  of  East  St.  Louis. 

The  Journal  of  Wednesday,  February  11th,  having  been  printed 
and  placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules, 
was  taken  up  and  no  corrections  appearing  was  ordered  to  stand 
approved. 

Upon  request,  the  following  delegates  were  excused  from  attendance 
at  the  Convention  during  the  remainder  of  the  week  on  account  of 
sickness:  Messrs.  Gee,  Stahl,  O’Brien,  Potts,  Hull,  Revell,  McEwen, 
McGuire  and  Ireland. 

The  Convention  proceeding  on  the  Order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Mighell  introduced  Proposal  No.  141,  a  Proposal  to  apportion 
the  State  into  Senatorial  and  Representative  Districts. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Coolley  introduced  Proposal  No.  142,  a  Proposal  to  prescribe 
the  manner  of  consideration  by  the  General  Assembly  of  Amendments 
to  the  Constitution  of  the  United  States. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Scanlan  introduced  Proposal  No.  143,  a  Proposal  to  amend 
section  22,  of  Article  4,  of  the  Constitution  (Bill  of  Rights)  by  insert¬ 
ing  in  lieu  of  the  last  sentence  thereof  the  following : 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Scanlan  introduced  Proposal  No.  144,  a  Proposal  to  amend  Ar¬ 
ticle  VI,  Judicial  Department. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Scanlan  introduced  Proposal  No.  145,  a  Proposal  to  substitute 
new  sections  for  sections  ten  (10)  and  twelve  (12)  of  Article  ten  (10) 
of  the  present  Constitution  entitled  “counties.” 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  No.  146,  a  Proposal  to  amend  Ar¬ 
ticle  VI  of  the  Constitution  with  reference  to  the  taking  of  testimony 
in  equity  cases. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  No.  147,  a  Proposal  to  amend 
Article  VI  in  relation  to  the  power  of  the  Supreme  Court  to  declare  a 
law  unconstitutional. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 


74 


JOURNAL  OF  THE 


[Feb.  17, 


Committee  of  the  Whole. 

In  accordance  with  the  Special  Order  entered  on  February  12th, 
the  President  called  Mr.  Dove  to  the  chair. 

And  at  the  hour  of  10  :30  o'clock  a.  m.,  the  Convention  went  into 
the  Committee  of  the  Whole  for  the  consideration  of  Proposals  num¬ 
bered  133  and  134,  respectively. 

At  the  hour  of  11:38  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Dove,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  11:40  o’clock  p.  m.  Mr.  Green  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


75 


WEDNESDAY,  FEBRUARY  18,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Father  Charles  Gilmartin,  of  the 
Sacred  Heart  Church,  of  East  St.  Louis. 

The  Journal  of  Thursday,  February  12th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  Order  of  Introduction  of  Propo¬ 
sals. 

Mr.  Scanlan  introduced  Proposal  No.  148,  a  Proposal  to  prevent 

monopolies. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Reading  and  Ref¬ 
erence  of  Proposals. 

Proposal  No.  141,  a  Proposal  to  apportion  the  State  into  Senatorial 
and  Representative  Districts. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  142,  a  Proposal  to  prescribe  the  manner  of  considera¬ 
tion  by  the  General  Assembly  of  Amendments  to  the  Constitution  of 

the  United  States. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Miscellaneous  Subjects. 

Proposal  No.  143,  a  Proposal  to  amend  section  22,  of  Article  4,  of 
the  Constitution  by  inserting  in  lieu  of  the  last  sentence  thereof  the  fol¬ 
lowing. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  144,  a  Proposal  to  provide  for  a  Judicial  Department. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  145,  a  Proposal  to  substitute  new  sections  for  sec¬ 
tions  ten  (10)  and  twelve  (12)  of  Article  ten  (10)  of  the  present  Con¬ 
stitution  entitled  “counties.” 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  146,  a  Proposal  to  amend  Article  VT  of  the  Constitu¬ 
tion  with  reference  to  the  taking  of  testimony  in  equity  cases. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  147,  a  Proposal  to  amend  Article  VI  in  relation  to 
the  power  of  the  Supreme  Court  to  declare  a  law  unconstitutional. 


76 


journal  of  the  [Feb.  18, 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Mr.  Green  moved  that  when  the  Convention  adjourns  for  the  week, 
it  stand  suspended  until  Wednesday,  February  25,  1920. 

And  the  motion  prevailed. 

Special  Order. 

In  accordance  with  the  Special  Order  entered  on  February  12th, 
the  President  called  Mr.  De  Young  to  the  chair. 

And  at  the  hour  of  10 :45  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  various 
Proposals  concerning  a  proposed  judicial  system  and  especially  the  con¬ 
sideration  of  Proposal  No.  56. 

At  the  hour  of  4:22  o’clock  p.  m.  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  De  Young  from  the  Committee  of  the  Whole  reported  that  the 
Committee  has  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  4:25  o’clock  p.  m.,  Mr.  Green  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


77 


THURSDAY,  FEBRUARY  19,  1920,  10  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Father  Charles  Gilmartin,  of  the 
Sacred  Heart  Church,  of  East  St.  Louis. 

The  Journal  of  Tuesday,  February  17,  having  been  printed  and 
placed  on  the  desks  of  the  members,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Gray  introduced  Proposal  Ho.  149,  a  Proposal  to  omit  from 
the  proposed  Constitution  section  24  of  the  schedule  of  the  Constitution 
of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  Xo.  150,  a  Proposal  to  amend 
Article  X  of  the  Constitution  with  reference  to  counties. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  Xo.  151,  a  Proposal  to  amend 
Article  VI  of  the  Judicial  Department  with  reference  to  the  Circuit 
Court. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  Xo.  152,  a  Proposal  to  amend 
Article  6  of  the  Constitution  with  reference  to  County  Courts. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Traeger,  by  request,  introduced  Proposal  Xo.  153,  a  Proposal 
for  home  rule  for  municipal  corporations. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Lindly,  by  request,  introduced  Proposal  Xo.  154,  a  Proposal  to 
exempt  from  taxation  all  funds,  moneys  and  property  used  exclusively 
for  benevolent  and  charitable  purposes. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Fyke  introduced  Proposal  Xo.  155,  a  Proposal  relating  to  bank¬ 
ing  activities. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Fyke  introduced  Proposal  Xo.  156,  a  Proposal  relating  to  State 

banks. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Lohman,  by  request,  introduced  Proppsal  Xo.  157,  a  Proposal 
to  be  incorporated  in  the  Constitution  relative  to  the  charters  of  benevo¬ 
lent  and  fraternal  organizations  including  those  heretofore  organized  and 
those  to  be  organized  in  t]je  future. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 


78 


journal  of  the  [Feb.  19, 

Mr.  Lill  introduced  Proposal  No.  158,  a  Proposal  to  provide  for  a 
system  of  county  government. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  No.  148,  a  Proposal  to  prevent  monopolies. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Distinction  Between  Constitutional  and 
Legislative  Subjects. 

At  the  hour  of  10  :20  o’clock  a.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  in  accordance  with  the  motion  adopted  on  yesterday  the  Con¬ 
vention  stood  adjourned  until  Wednesday,  February  25,  1920,  at  10:00 
o’clock  a.  m. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


79 


WEDNESDAY,  FEBRUARY  25,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Lester  Leake  Riley,  of  the  Christ 
Episcopal  Church,  of  Springfield. 

The  Journal  of  Wednesday,  February  18th,  having  been  printed 
and  placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  Order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Sutherland  introduced  Proposal  No.  159,  a  Proposal  in  relation 
to  Home  Rule  and  Consolidation  for  the  City  of  Chicago  and  the  County 

of  Cook. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Kerrick  introduced  Proposal  No.  160,  a  Proposal  to  retain,  as 
amended,  section  9  of  Article  9,  of  the  present  Constitution. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Kerrick  introduced  Proposal  No.  161,  a  Proposal  to  retain,  as 
amended,  section  10  of  Article  9,  of  the  present  Constitution. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Gale  introduced  Proposal  No.  162,  a  Proposal  to  fix  the  taxing 
districts  for  road  purposes. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Garrett  introduced  Proposal  No.  163,  a  Proposal  to  amend 
section  13  of  Article  3  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Garrett  introduced  Proposal  No.  164,  a  Proposal  to  compel  citi¬ 
zens  to  exercise  their  right  of  franchise. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  No.  165,  a  Proposal  to  repeal  the 
Fourth  Amendment,  adopted  November  2,  1886,  of  the  Constitution  of 
1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  No.  166,  a  Proposal  to  repeal 
Article  XIII  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  No.  167,  a  Proposal  to  repeal  sec¬ 
tion  15  of  Article  XI  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  No.  168,  a  Proposal  to  repeal  sec¬ 
tion  13  of  Article  XI  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 


80 


JOURNAL  OF  the  [Feb.  25, 

Mr.  Hamill  introduced  Proposal  Xo.  169.  a  Proposal  to  repeal  sec¬ 
tion  12  of  Article  XI  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  bv  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Ho.  170,  a  Proposal  to  repeal  sec¬ 
tion  11  of  Article  XI  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Ho.  171,  a  Proposal  to  repeal  sec¬ 
tion  10  of  x4rtiele  XI  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  172,  a  Proposal  to  repeal  sec¬ 
tion  9  of  Article  XI  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  173,  a  Proposal  to  repeal  sec¬ 
tion  5  (except  the  first  sentence  thereof)  of  Article  XI  of  the  Constitu¬ 
tion  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  174,  a  Proposal  to  repeal  sec¬ 
tion  3  of  Article  XI  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  175,  a  Proposal  to  repeal  sec¬ 
tion  10  of  Article  X  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  176,  a  Proposal  to  repeal  sec¬ 
tion  9  of  Article  X  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  177,  a  Proposal  to  repeal  sec¬ 
tion  8  of  Article  X  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  178,  a  Proposal  to  repeal  sec¬ 
tion  7  of  Article  X  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  179,  a  Proposal  to  repeal  sec¬ 
tion  6  of  Article  X  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  180,  a  Proposal  to  repeal  sec¬ 
tion  5  of  Article  X  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  181,  a  Proposal  to  repeal  sec¬ 
tion  13  of  Article  IX  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  182,  a  Proposal  to  repeal  sec¬ 
tion  5  of  Article  VIII  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  183.  a  Proposal  to  repeal  sec¬ 
tion  33  of  Article  4  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  Xo.  184,  a  Proposal  to  repeal  sec¬ 
tion  32  of  Article  4  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


81 


Mr.  Hamill  introduced  Proposal  No.  185,  a  Proposal  to  repeal  sec¬ 
tion  29  of  Article  4  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Scanlan  introduced  Proposal  No,  186,  a  Proposal  to  embody 
in  the  Article  of  the  new  Constitution  in  relation  to  taxation  the  fol¬ 
lowing  provision  imposing  the  duty  on  the  owners  of  property  to  list 
the  same  for  taxation  and  providing  remedies  for  a  failure  to  do  so. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

10  :55  o'Clock  A.  M. 

At  the  hour  of  10  :55  a.  m.  the  Convention  suspended  the  order  of 
business  under  which  it  was  working  for  the  time  being  and  in  response 
to  the  invitation  previously  extended  by  the  Convention,  United  States 
Senators  Lawrence  Y.  Sherman  and  Medill  McCormick  were  intro¬ 
duced  by  the  President  and  addressed  the  delegates  at  length  upon  gen¬ 
eral  subjects  pertaining  to  the  work  of  the  Convention. 

At  the  hour  of  1 :15  o’clock  p.  m.,  Mr.  Davis  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2:00  o’Clock  P.  M. 

The  hour  of  2 :00  o’clock  p.  m.  having  arrived  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  Convention  again  proceeding  on  the  Order  of  Introduction  of 
Proposals. 

Mr.  Brenholt  introduced  Proposal  No.  187,  a  Proposal  to  provide 
that  the  General  Assembly  fix  the  compensation  of  all  county  officers, 
and  that  the  county  boards  fix  the  amount  of  clerk  hire,  stationery  and 
other  expenses. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Cutting  introduced  Proposal  No.  188,  a  Proposal  to  provide 
for  the  establishment  of  Judicial  Department. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Cuttiilg  introduced  Proposal  No.  189,  a  Proposal  to  amend  sec¬ 
tions  6,  7  and  8  of  Article  IY  of  the  Constitution  relating  to  apportion¬ 
ment  and  the  number  of  Senators  and  Representatives  in  the  General 
Assembly. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Trautmann  introduced  Proposal  No.  190,  a  Proposal  to  pro¬ 
vide  for  the  time  of  electing  all  officers. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Johnson  introduced  Proposal  No.  191,  a  Proposal  to  revise 
Article  IX,  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Gee  introduced  Proposal  No.  192,  a  Proposal  to  give  cities  and 
towns  power  to  own  and  operate  water  and  light  systems. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

— 6  C  J 


1 


82  JOURNAL  OF  THE  [Feb.  25 , 

Mr.  Gee  introduced  Proposal  No.  193,  a  Proposal  to  limit  the  right 
of  suffrage  to  be  a  part  of  Article  VI I  of  the  Constitution  b}^  appropri¬ 
ate  section. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Gee  introduced  Proposal  No.  194,  a  Proposal  to  deny  the  right 
of  pardon  or  parole  for  certain  crimes. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Gee  introduced  Proposal  No.  195,  a  Proposal  to  limit  the  right 
to  hold  office  to  be  a  part  of  Article  YII  of  the  Constitution  by  appro¬ 
priate  section. 

The  Proposal  was  taken  up,  read  bv  title  and  advanced  for  reference. 

Mr.  Gee  introduced  Proposal  No.  196,  a  Proposal  to  reclaim  swamp 
and  overflowed  lands. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Mighell  introduced  Proposal  No.  197,  a  Proposal  to  create  an 
industrial  court  with  authority  to  prevent  strikes  and  adjust  industrial 
controversies  which  interfere  with  the  continuation  of  a  necessary  pub¬ 
lic  service,  or  which  deprive  the  public  of  a  necessary  commodity. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Mighell  introduced  Proposal  No.  198,  a  Proposal  respecting 
suffrage. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Lohman  introduced  Proposal  No.  199,  a  Proposal  to  provide 
for  the  performance  of  the  duties  imposed  by  the  Constitution. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Lohman  introduced  Proposal  No.  200,  a  Proposal  to  prohibit 
the  appropriating  of  airy  public  funds  for  sectarian  purposes. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Kunde  introduced  Proposal  No.  201,  a  Proposal  in  regard  to 
personal  property  tax. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Kunde  introduced  Proposal  No.  202,  a  Proposal  for  the  manu¬ 
facture,  distribution,  transportation  or  sale  of  beverage. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dove  introduced  Proposal  No.  203,  a  Proposal  to  provide  for 
the  regulation  of  strikes,  lockouts  and  industrial  differences. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dove  introduced  Proposal  No.  204,  a  Proposal  with  reference 
to  suffrage. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dove  introduced  Proposal  No.  205,  a  Proposal  in  regard  to 
literacy  test  for  voters. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Moore  introduced  Proposal  No.  206,  a  Proposal  to  regulate 
collective  bargaining. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Einaker  introduced  Proposal  No.  207,  a  Proposal  to  add  the 
following  section  to  the  article  in  regard  to  the  Judicial  Department. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


83 


Mr.  Einaker  introduced  Proposal  Xo.  208,  a  Proposal  to  amend 
certain  sections  of  the  Bill  of  Eights  and  add  a  section  thereto. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  McEwen  introduced  Proposal  Xo.  209,  a  Proposal  to  provide 
an  article  relative  to  Initiative  and  Eeferendum. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hull  introduced  Proposal  Xo.  210,  a  Proposal  to  prevent  a 
minority  from  framing  a  new  organic  law. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hull,  by  request,  introduced  Proposal  Xo.  211,  a  Proposal  to 
provide  for  public  employment  control  and  for  the  classification  of  cer¬ 
tain  positions  in  the  public  service. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dryer  introduced  Proposal  Xo.  212,  a  Proposal  to  provide  for 
fees  of  clerks  of  courts  of  record. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Shaw  introduced  Proposal  Xo.  213,  a  Proposal  to  prevent  the 
pollution  of  the  rivers  and  lakes  of  this  State. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupuy  introduced  Proposal  Xo.  214,  a  Proposal  to  create  a 
Commission  of  Education. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupuy  introduced  Proposal  Xo.  215,  a  Proposal  to  prescribe 
method  of  ratifying  amendments  to  the  Federal  Constitution. 

The  Proposal  was  taken'  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupu}^  introduced  Proposal  Xo.  216,  a  Proposal  to  protect  the 
rights  of  employes  and  to  prohibit  strikes  in  certain  cases. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Davis  introduced  Proposal  Xo.  217,  a  Proposal  to  amend  sec¬ 
tions  five  (5),  seven  (7)  and  nine  (9)  of  Article  II  of  the  Constitution. 

The  Proposal  was  taken  up,  read  hv  title  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  Xo.  218,  a  Proposal  to  provide 
for  appeals  in  bailable  criminal  cases. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Jarman  introduced  Proposal  Xo.  219,  a  Proposal  to  amend 
Constitution  Concerning  Home  Buie  for  Municipalities. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Clarke  introduced  Proposal  Xo.  220,  a  Proposal  to  amend  and 
change  the  present  article  of  the  Constitution  relative  to  the  boundaries 
of  the  State. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

The  Convention  proceeding  on  the  Order  of  First  Beading  and 
Eeference  of  Proposals. 

Proposal  Xo.  149,  a  Proposal  to  omit  from  the  proposed  Constitu¬ 
tion  section  24  of  the  schedule  of  the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Schedule. 

Proposal  Xo.  150,  a  Proposal  to  amend  Article  X  of  the  Constitu¬ 
tion  with  reference  to  counties. 


84 


JOURNAL  OF  THE 


[Feb.  25, 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  151,  a  Proposal  to  amend  Article  VI  of  the  Judicial 
Department  with  reference  to  the  Circuit  Court. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  152,  a  Proposal  to  amend  Article  6  of  the  Constitu¬ 
tion  with  reference  to  county  courts. 

Was  taken  up,  read  at  large  a.  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department, 

Proposal  No.  153,  a  Proposal  for  home  rule  for  municipal  corpora¬ 
tions. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  154,  a  Proposal  to  exempt  from  taxation  all  funds, 
moneys  and  property  used  exclusively  for  benevolent  and  charitable  pur¬ 
poses. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  155,  a  Proposal  relating  to  banking  activities. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  156,  a  Proposal  relating  to  state  banks. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  157,  a  Proposal  relative  to  the  charters  of  benevolent 
and  fraternal  organizations  including  those  heretofore  organized  and 
those  to  be  organized  in  the  future. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  158,  a  Proposal  to  provide  for  a  system  of  county 
government. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

The  following  Delegates  were  excused  from  attendance  of  the  Con¬ 
vention  on  account  of  sickness :  Messrs.  Pearce,  Hogan,  Revel!,  Potts, 
Curtis  and  Stahl. 

At  the  hour  of  3  :15  o’clock  p.-  m.  Mr.  Lindly  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


85 


THURSDAY,  FEBRUARY  26,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  Avas  offered  by  the  Rev.  Lester  Leake  Rilev,  of  the  Christ 
Episcopal  Church,  of  Springfield. 

The  Journal  of  Thursday,  January  19th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  Avas 
taken  up  and  no  corrections  appearing,  Avas  ordered  to  stand  approved. 

The  Comrention  proceeding  on  the  Order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Brenholt  introduced  Proposal  Ho.  221,  a  Proposal  to  designate 
the  time  when  laAvs  shall  come  into  effect. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Brenholt  introduced  Proposal  Ho.  222,  a  Proposal  to  establish 
a  judicial  system  for  the  State  of  Illinois. 

The  Proposal  Avas  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Wall  introduced  Proposal  Ho.  223,  a  Proposal  to  separate  the 
office  of  sheriff  and  collector  in  counties  not  under  township  organ¬ 
ization  and  to  create  the  office  of  county  collector  of  taxes. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Kunde  introduced  Proposal  Ho.  224,  a  Proposal  to  prohibit 
options  in  purchase  and  sale  of  commodities  and  dealing  in  stocks  by 
margins,  or  in  lottery. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Mayer  introduced  Proposal  Ho.  225,  a  Proposal  to  amend 
Article  2  the  Bill  of  Rights,  section  9,  so  as  to  read  as  follows  . 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Mayer  introduced  Proposal  Ho.  226,  a  Proposal  to  amend 
Article  2  (The  Bill  of  Rights),  section  5  so  as  to  read  as  follows. 

The  Proposal  Avas  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Elting  introduced  Proposal  Ho.  227,  a  Proposal  to  revise,  alter 
and  amend  section  1,  Article  IX,  entitled  “Revenue”,  of  the  Constitu¬ 
tion  of  18-70. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  BakLvin  introduced  Proposal  Ho.  228,  a  Proposal  to  provide 
that  laAvs  shall  take  effect  thirty  days  after  the  adjournment  of  the 
General  Assembly. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Cutting  introduced  Proposal  Ho.  229,  a  Proposal  in  regard  to 
the  proposed  Bill  of  Rights. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Cutting,  by  request,  introduced  Proposal  Ho.  230,  a  Proposal 
in  regard  to  the  Initiative  and  Referendum. 

The  Proposal  Avas  taken  up,  read  by  title  and  advanced  for  reference. 


86 


JOURNAL  OF  THE  [Feb.  26, 

Mr.  Carey  introduced  Proposal  No.  231,  a  Proposal  in  relation  to 
the  free  schools. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Sneed  introduced  Proposal  No.  232,  a  Proposal  to  insert  a 
separate  article  to  be  designated  "Labor." 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Sneed  introduced  Proposal  No.  233,  a  Proposal  to  amend 
Article  X  of  section  VIII  in  relation  to  election  and  term  of  office  of 
county  judge,  county  clerk,  sheriff,  and  treasurer,  and  a  county  collector. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Beckman,  by  request,  introduced  Proposal  No.  234,  a  Pro¬ 
posal  to  provide  for  the  establishment  of  military  system  in  Illinois. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Mills,  by  request,  introduced  Proposal  No.  235,  a  Proposal  to 
amend  sections  1  and  3,  Article  8  of  the  Constitution. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Six  introduced  Proposal  No.  236,  a  Proposal  of  provision  for 
a  budget  system. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  237,  a  Proposal  to  amend  sec¬ 
tions  6,  7  and  8  of  Article  4  to  read  as  follows. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Mills,  by  request,  introduced  Proposal  No.  238,  a  Proposal  that 
sections  1  and  2  of  Article  8  be  amended  so  that  said  sections  shall  be 
amended  so  that  they  shall  read  as  follows. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  239,  a  Proposal  guaranteeing 
freedom  of  worship. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  240,  a  Proposal  to  amend  sec¬ 
tion  18,  of  Article  II,  Bill  of  Bights,  to  read  as  follows. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Mills  introduced  Proposal  No.  241,  a  Proposal  to  provide  for 
the  exemption  from  taxation  of  property  heretofore  or  hereafter  donated 
for  school  purposes. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Shuey,  by  request,  introduced  Proposal  No.  242,  a  Proposal  to 
amend  Article  14,  section  1,  of  the  Constitution  of  1870,  so  that  it  will 
read  as  follows. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dawes  introduced  Proposal  No.  243,  a  Proposal  for  the  crea¬ 
tion  of  a  death,  disability  or  retirement  fund  for  public  officers  and 
employes. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dawes  introduced  Proposal  No.  244,  a  Proposal  to  provide  for 
raising  revenue. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Fyke  introduced  Proposal  No.  245,  a  Proposal  relating  to  cor¬ 
porations. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


87 


Mr.  Dupee,  by  request,  introduced  Proposal  No.  246,  a  Proposal  in 

aid  of  zoning. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee,  by  request,  introduced  Proposal  No.  247,  a  Proposal  to 
provide  for  excess  condemnation. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee,  by  request,  introduced  Proposal  No.  248,  a  Proposal  to 
revise  Article  9,  section  12,  relating  to  the  limitation  of  indebtedness  of 
municipal  corporations. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee,  by  request,  introduced  Proposal  No.  249,  a  Proposal  to 
revise  Article  9,  section  12,  relating  to  the  limitation  of  indebtedness  of 
municipal  corporations. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee,  by  request,  introduced  Proposal  No.  250,  a  Proposal  to 
revise  Article  9,  section  9,  relating  to  the  making  of  local  improve¬ 
ments. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee,  by  request,  introduced  Proposal  No.  251,  a  Proposal 
to  authorize  zoning  legislation. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee,  by  request,  introduced  Proposal  No.  252,  a  Proposal  to 
authorize  restrictions  on  property  needed  for  public  use  in  the  future. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee,  by  request,  introduced  Proposal  No.  253,  a  Proposal 
to  confer  authority  and  power  to  lay  out  a  city  plan  and  to  control  the 
use  and  occupancy  of  land  embraced  therein. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dupee,  by  request,  introduced  Proposal  No.  254,  a  Proposal 
to  provide  for  excess  condemnation. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Barr,  by  request,  introduced  Proposal  No.  255,  a  Proposal  to 
require  a  county  superintendent  of  schools  in  each  county. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Barr  introduced  Proposal  No.  256,  a  Proposal  to  permit  the 
distribution  to  local  taxing  bodies  of  payments  received  from  the  Illi¬ 
nois  Central  Eailroad. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Barr  introduced  Proposal  No.  257,  a  Proposal  to  exempt  par¬ 
sonages  from  taxation. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Brandon  introduced  Proposal  No.  258,  a  Proposal  to  define 

education. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Brandon,  by  request,  introduced  Proposal  No.  259,  a  Proposal 
to  provide  for  a  commissioner  of  education. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Iarussi  introduced  Proposal  No.  260,  a  Proposal  to  amend 
section  4  of  Article  9  of  the  Constitution  of  1870. 


88 


JOURXAL  OF  THE 


[Feb.  26, 


The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Latchford  introduced  Proposal  Xo.  261,  a  Proposal  to  amend 
section  —  of  Article  9  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Six  introduced  Proposal  Xo.  262,  a  Proposal  relating  to  suf¬ 
frage. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Six  introduced  Proposal  Xo.  263,  a  Proposal  to  define  the  re¬ 
lationship  between  State  powers  and  the  powers  of  municipalities  in 
certain  cases. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Lindly,  by  request,  introduced  Proposal  Xo.  264,  a  Proposal 
to  jDrovide  for  the  improvement  of  the  lakes,  rivers  and  streams  of  this 
State. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Lindly,  by  request,  introduced  Proposal  Xo.  265,  a  Proposal  to 
prevent  encroachment  upon  the  lakes,  rivers  and  streams  of  this  State. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  O'Brien  introduced  Proposal  Xo.  266,  a  Proposal  to  amend 
sections  Xo.  3  and  5  of  Article  Xo.  9  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Chew  introduced  Proposal  Xo.  267,  a  Proposal  to  provide  for 
the  development  of  water  power  and  for  the  creation  of  districts  for 
the  purpose  of  affording  combined  outlet  drainage,  water  power,  and 
the  reclamation  of  lands  subject  to  overflow,  within  the  State  of  Illinois. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Chew  introduced  Proposal  Xo.  268,  a  Proposal  relating  to 
municipal  control  and  regulation  of  public  utilities. 

The  Proposal  was  taken  up,  read  b}^  title  and  advanced  for  reference. 

Mr.  Barr  introduced  Proposal  Xo.  269,  a  Proposal  to  provide  for 
the  issuance  of  State  bonds  for  the  construction  and  repair  of  a  general 
system  of  hard  roads  and  for  the  completion  of  any  waterway  under 
construction. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Barr  introduced  Proposal  Xo.  270,  a  Proposal  to  provide  for 
the  exemption  from  taxation  of  State  bonds  issued  under  existing  au¬ 
thorization. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Barr  introduced  Proposal  Xo.  271,  a  Proposal  to  provide  for 
physical  education  and  recreation  training. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  McEwen  introduced  Proposal  Xo.  272,  a  Proposal  to  specify 
certain  courts  as  part  of  the  Judicial  Department. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  McEwen  introduced  Proposal  Xo.  273,  a  Proposal  to  provide 
for  a  separate  election  of  judges  of  the  criminal  court  of  Cook  county. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  McEwen  introduced  Proposal  Xo.  274,  a  Proposal  to  provide 
for  the  appointment  of  judges  of  the  Appellate  Court. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


89 


Mr.  McEwen  introduced  Proposal  Xo.  275,  a  Proposal  relative  to 
the  superintendents  of  courts. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  McEwen  introduced  Proposal  X o.  276,  a  Proposal  to  vest  in 
the  General  Assembly  the  power  to  provide  for  appeals,  writs  of  error 
and  methods  of  review  of  decisions. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  McEwen  introduced  Proposal  Xo.  277,  a  Proposal  to  vest  in 
the  General  Assembly  power  to  make  rules  of  pleading  practice  and 
^procedure  for  the  judicial  department. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  McEwen  introduced  Proposal  Xo.  278,  a  Proposal  to  withdraw 
hearings  before  masters  in  chancery  and  place  the  same  in  the  circuit 
court  or  a  branch  thereof. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  McEwen  introduced  Proposal  Xo.  279,  a  Proposal  to  provide 
for  authority  of  impeachment  and  removal  of  judges,  officers  and  em¬ 
ployes  of  courts. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Wolff,  by  request,  introduced  Proposal  Xo.  280,  a  Proposal 
for  the  method  of  amending  the  Constitution. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Cruden  introduced  Proposal  Xo.  281,  a  Proposal  to  provide 
that  words  importing  the  masculine  gender  shall  include  the  feminine 
gender. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Cruden  introduced  Proposal  Xo.  282,  a  Proposal  to  provide 
for  the  removal  of  snow  and  ice  from  sidewalks. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Hull  introduced  Proposal  Xo.  283,  a  Proposal  to  amend  sec¬ 
tion  10  of  Article  5  of  the  Constitution. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Lohman  introduced  Proposal  Xo.  284,  a  Proposal  to  provide 
for  the  issuance  of  bonds  by  the  State  or  municipalities  to  encourage 
the  building  of  homes  and  buying  of  lands  by  citizens  of  the  State. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Lohman  introduced  Proposal  Xo.  285,  a  Proposal  for  public 
•ownership  of  public  utilities. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Michaelson  introduced  Proposal  Xo.  286,  a  Proposal  to  pro¬ 
vide  proper  publicity  of  this  Constitution  (or  of  amendments  to  the 
Constitution)  by  printing  and  mailing  the  same  to  the  post  office  ad¬ 
dress  of  each  qualified  voter  in  the  State  of  Illinois,  at  least  ninety 
days  before  the  election  at  which  they  are  to  be  voted  upon. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Mjchaelson  introduced  Proposal  Xo.  287,  a  Proposal  to  em¬ 
power  the  General  Assembly  of  the  State  of  Illinois  to  enact  laws  pro¬ 
viding  for  old  age  pensions  and  social  and  industrial  justice. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 


90 


JOURNAL  OF  THE 


[Feb.  26, 


Mr.  Michaelson  introduced  Proposal  Xo.  288,  a  Proposal  to  pro¬ 
hibit  persons  or  corporations  from  entering  into  agreement  to  fix  or 
establish  the  purchasing  price  or  selling  price  of  food  commodities. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Michaelson  introduced  Proposal  No.  289,  a  Proposal  to  pro¬ 
vide  revenue  by  taxation. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Michaelson  introduced  Proposal  No.  290,  a  Proposal  to  vest 
all  powers  in  townships  lying  wholly  within  any  city  of  more  than  5,000 
population,  in  the  city  council  of  such  city. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Dryer  introduced  Proposal  No.  291,  a  Proposal  to  provide  for 
an  act  to  compel  legal  voters  to  exercise  their  right  of  suffrage. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Ireland  introduced  Proposal  No.  292,  a  Proposal  with  respect 
to  banks. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

The  Convention  proceeding  on  the  Order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  No.  159,  a  Proposal  in  relation  to  Home  Rule  and  Con¬ 
solidation  for  the  City  of  Chicago  and  the  county  of  Cook. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Chicago  and  Cook  County. 

Proposal  No.  160,  a  Proposal  to  amend  section  9  of  Article  IX  of 
the  Constitution  of  1870  with  reference  to  the  assessment  and  collection 
of  taxes  by  municipal  corporations  for  corporate  purposes. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  Xo.  161,  a  Proposal  to  amend  section  10  of  Article  IX 
of  the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  nto  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  Xo.  162,  a  Proposal  to  fix  the  taxing  districts  for  road 
purposes. 

Was  taken  up,  read  at  large  a  first  time,, ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  Xo.  163,  a  Proposal  to  amend  section  13  of  Article  IV  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  Xo.  164,  a  Proposal  to  compel  citizens  to  exercise  their 
right  of  franchise. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Suffrage. 

Proposal  Xo.  165,  a  Proposal  to  repeal  the  Fourth  Amendment, 
adopted  November  2,  1886,  of  the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Proposal  Xo.  166,  a  Proposal  to  repeal  Article  XIII  of  the  Con¬ 
stitution  of  1870. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


91 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Distinction  Between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  167,  a  Proposal  to  repeal  section  15  of  Article  XI  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  168,  a  Proposal  to  repeal  section  13  of  Article  XI  of 

the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  169,  a  Proposal  to  repeal  section  12  of  Article  XI  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  170,  a  Proposal  to  repeal  section  11  of  Article  XI  of 

the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  171,  a  Proposal  to  repeal  section  10  of  Article  XI 
of  the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  172,  a  Proposal  to  repeal  section  9  of  Article  XI  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  173,  a  Proposal  to  repeal  section  5  (except  the  first 
sentence  thereof)  of  Article  XI  of  the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  174,  a  Proposal  to  repeal  section  3  of  Article  XI  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  175,  a  Proposal  to  repeal  section  10  of  Article  X  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  176,  a  Proposal  to  repeal  section  9  of  Article  X  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  177,  a  Proposal  to  repeal  section  8  of  Article  X  of 

the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  178,  a  Proposal. to  repeal  section  7  of  Article  X  of 
the  Constitution  of  1870. 


92 


JOURNAL  or  TF1E  [Feb.  26, 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Chicago  and  Cook  County. 

Proposal  No.  179,  a  Proposal  to  repeal  section  6  of  Article  X  of 
the  Constitution  of  1870. 

Was  taken  np,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  180,  a  Proposal  to  repeal  section  5  of  Article  X  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  181,  a  Proposal  to  repeal  section  13  of  Article  IX  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Eevenue,  Taxation  and  Finance. 

Proposal  No.  182,  a  Proposal  to  repeal  section  5  of  Article  VIII  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Education. 

Proposal  No.  183,  a  Proposal  to  repeal  section  33  of  Article  4  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  184,  a  Proposal  to  repeal  section  32  of  Article  4  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  185,  a  Proposal  to  repeal  section  29  of  Article  4  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Proposal  No.  186,  a  Proposal  to  embody  in  the  article  of  the  new 
Constitution  in  relation  to  taxation  the  following  provision  imposing 
the  duty  on  the  owners  of  property  to  list  the  same  for  taxation  and 
providing  remedies  for  a  failure  to  do  so. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Distinction  between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  187,  a  Proposal  to  provide  that  the  General  Assembly 
to  fix  the  compensation  of  all  county  officers  and  that  the  county  boards 
fix  the  amount  of  clerk  hire,  stationery  and  other  expenses. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  188,  a  Proposal  to  establish  a  judicial  department. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  189,  a  Proposal  to  amend  sections  six  (6),  seven  (7) 
and  eight  (8)  of  Article  IV  of  the  Constitution  relating  to  the  appor¬ 
tionment  and  number  of  Senators  and  Representatives  in  the  General 
Assembly. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


93 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  190,  a  Proposal  to  provide  for  the  time  of  electing 

all  officers. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Suffrage. 

Proposal  No.  191,  a  Proposal  to  revise  Article  IX,  Constitution  of 

1870. 

Was  taken  up*  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Pinance. 

Proposal  No.  192,  a  Proposal  to  give  cities  and  towns  power  to 
own  and  operate  water  and  light  systems. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Municipal  Government. 

Proposal  Xo.  193,  a  Proposal  to  limit  the  right  of  suffrage  to  be 
a  part  of  Article  VII  of  the  Constitution  by  appropriate  section. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Suffrage. 

Proposal  Xo.  194,  a  Proposal  to  deny  the  right  of  pardon  or  parole 
for  certain  crimes. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Executive  Department. 

Proposal  Xo.  195,  a  Proposal  to  limit  the  right  of  holding  office 
to  be  a  part  of  Article  VII  of  the  Constitution  by  appropriate  section. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Miscellaneous  Subjects. 

Proposal  Xo.  196,  a  Proposal  to  reclaim  swamp  and  overflowed 
lands. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Agriculture. 

Proposal  Xo.  197,  a  Proposal  to  create  an  industrial  court  with  au¬ 
thority  to  prevent  strikes  and  adjust  industrial  controversies  which 
interfere  with  the  continuation  of  a  necesary  public  service,  or  which 
deprive  the  public  of  a  necessary  commodity. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Proposal  Xo.  198,  a  Proposal  respecting  suffrage. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Suffrage. 

Proposal  Xo.  199,  a  Proposal  to  provide  for  the  performance  of 
the  duties  imposed  by  the  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  Xo.  200,  a  Proposal  to  prohibit  the  appropriating  of  any 
public  funds  for  sectarian  purposes. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Education. 

Proposal  Xo.  201,  a  Proposal  to  exempt  certain  property  from 
taxation. 


94 


JOURNAL  OF  THE  [Feb.  26, 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Eevenue,  Taxation  and  Finance. 

Proposal  No.  202,  a  Proposal  for  the  manufacture,  distribution, 
transportation  or  sale  of  beverage. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Distinction  between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  203,  a  Proposal  to  provide  for  the  regulation  of 
strikes,  lockouts  and  industrial  differences. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Proposal  No.  204,  a  Proposal  with  reference  to  suffrage. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Suffrage. 

Proposal  No.  205,  a  Proposal  to  require  electors  to  be  able  to  read 
and  write  the  English  language. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Suffrage. 

Proposal  No.  206,  a  Proposal  to  regulate  collective  bargaining. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Proposal  No.  207,  a  Proposal  to  add  the  following  section  to  the 
article  in  regard  to  the  judicial  department. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  208,  a  Proposal  to  amend  certain  sections  of  the 
Bill  of  Eights  and  add  sections  thereto. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Eights. 

Proposal  No.  209,  a  Proposal  to  provide  an  article  relative  to  ini¬ 
tiative  and  referendum. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Initiative,  Eeferendum  and  Eecall. 

Proposal  No.  210,  a  Proposal  to  prevent  a  minority  from  framing 
a  new  organic  law. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Future  Amendment  of  the  Constitution. 

Proposal  No.  211,  a  Proposal  to  provide  for  public  employment 
control  and  for  the  classification  of  certain  positions  in  the  public 
service. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Distinction  between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  212,  a  Proposal  to  provide  for  fees  of  clerks  of  courts 
of  record. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


95 


Proposal  No.  213,  a  Proposal  to  prevent  the  pollution  of  the  rivers 

and  lakes  of  this  State. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Distinction  Between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  214,  a  Proposal  to  create  a  commission  of  education. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Education. 

Proposal  No.  215,  a  Proposal  to  prescribe  method  of  ratifying 
amendments  to  the  Federal  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Miscellaneous  Subjects. 

Proposal  No.  216,  a  Proposal  to  protect  the  rights  of  employes  and 
to  prohibit  strikes  in  certain  cases. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Proposal  No.  217,  a  Proposal  relative  to  the  amendment  of  sec¬ 
tions  five  (5),  seven  (7)  and  nine  (9)  of  Article  II  of  the  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Eights. 

Proposal  No.  218,  a  Proposal  to  provide  for  appeals  in  bailable 
criminal  cases. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  219,  a  Proposal  to  amend  Constitution  concerning 
home  rule  for  municipalities. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  220,  a  Proposal  to  amend  and  change  the  present 
Article  of  the  Constitution  relative  to  the  boundaries  of  the  State. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Miscellaneous  Subjects. 

Mr.  Jarman  offered  the  following  resolution,  which  was  referred 
to  the  Committee  on  Eules  and  Procedure : 

Resolution  No.  22. 

Resolved,  That  after  the  first  day  of  March,  1920,  except  as  specially 
otherwise  ordered,  the  Convention  meet  at  10  o’clock  a.  m.  on  each  day,  ex¬ 
cept  Sunday  and  Monday. 

At  the  hour  of  11:55  o’clock  a.  m.,  Mr.  Sutherland  moved  that 
the  Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


96 


JOURNAL  OF  THE 


[Feb.  27, 


FRIDAY,  FEBRUARY  27,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Lester  Leake  Riley,  of  the  Christ 
Episcopal  Church,  of  Springfield. 

The  Journal  of  Wednesday,  February  25,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  fol¬ 
lowing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  reports  the  following  matters 
for  consideration  in  Committee  of  the  Whole  on  Tuesday,  March  2,  1920: 

The  consideration  of  the  various  Proposals  concerning  revenue,  taxa¬ 
tion  and  finance. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  reports  the  following  matters 
for  consideration  in  Committee  of  the  Whole  on  Wednesday,  March  10,  1920: 

The  consideration  of  the  various  Proposals  relating  to  or  affecting  edu¬ 
cation,  and  particularly  the  revenue  Proposals  as  affecting  said  subject. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  Convention  proceeding  on  the  order  of  Introduction  of  Pro¬ 
posals. 

Mr.  Trautmann  introduced  Proposal  Ko.  293,  a*  Proposal  to  pro¬ 
vide  for  the  apportionment  of  the  State  for  representation  in  the 
General  Assembly. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Wall  introduced  Proposal  Ko.  294,  a  Proposal  to  establish  a 
judicial  system  for  the  State  of  Illinois. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Tanner  introduced  Proposal  "Ko.  295,  a  Proposal  to  authorize 
the  reclamation  of  swamp  and  overflowed  lands  by  the  State. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Corcoran  introduced  Proposal  Ko.  296,  a  Proposal  to  con¬ 
solidate  the  taxing  bodies  of  Cook  County. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


97 


The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Pincus  introduced  Proposal  No.  297,  a  Proposal  to  amend 
schedule  of  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Pincus  introduced  Proposal  No.  298,  a  Proposal  to  amend 
Article  11,  section  4. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Lohman  introduced  Proposal  No.  299,  a  Proposal  to  extend 
the  right  of  suffrage  to  women. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Lohman,  by  request,  introduced  Proposal  No.  300,  a  Proposal 
to  authorize  the  General  Assembly  to  enact  laws  relative  to  health. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Sneed  introduced  Proposal  No.  301,  a  Proposal  that  the 
General  Assembly  shall  provide  a  fund  for  the  constructing,  maintain¬ 
ing,  repairing  and  rebuilding  an  inter-county  system  of  wagon,  truck 
and  automobile  roads. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Brenholt,  by  request,  introduced  Proposal  No.  302,  a  Proposal 
to  exempt  certain  property  from  taxation  in  the  State  of  Illinois. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Brenholt  introduced  Proposal  No.  303,  a  Proposal  to  authorize 
the  creation  of  the  office  of  county  assessor. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Brenholt  introduced  Proposal  No.  304,  a  Proposal  to  permit 
the  establishment  of  the  office  of  public  defender. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Green  introduced  Proposal  No.  305,  a  Proposal  to  define  ap¬ 
propriation  and  budgetary  procedure  for  the  State. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Six  introduced  Proposal  No.  306,  a  Proposal  for  exemption 
of  the  property  of  incorporated  societies  of  ex-service  men. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Barr,  by  request,  introduced  Proposal  No.  307,  a  Proposal  to 
permit  the  use  of  Bible  selections  in  the  public  schools. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Smith  introduced  Proposal  No.  308,  a  Proposal  to  omit  sec¬ 
tion  8  of  Article  9  of  the  present  Constitution. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Smith  introduced  Proposal  No.  309,  a  Proposal  to  provide  for 
local  road  and  bridge  administration. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Smith  introduced  Proposal  No.  310,  a  Proposal  to  provide  a 
system  of  county  government. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Taff,  by  request,  introduced  Proposal  No.  311,  a  Proposal  to 
retain  section  1  of  Article  IX  of  the  present  Constitution  with  certain 
words  omitted  therefrom  and  certain  words  added  thereto. 


— 7  C  J 


98 


JOURNAL  OF  THE 


[Feb.  27, 


The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Taff  introduced  Proposal  No.  312,  a  Proposal  to  protect  the 
rights  of  minority  stockholders. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Beckman  introduced  Proposal  No.  313,  a  Proposal  to  provide 
for  the  initiative  and  referendum. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Cutting  introduced  Proposal  No.  314,  a  Proposal  to  regulate 
the  nomination  of  judicial  and  school  candidates. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Wolff  introduced  Proposal  No.  315,  a  Proposal  to  amend  sec¬ 
tion  2  of  Article  VII  relative  to  voting. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Hamill  introduced  Proposal  No.  316,  a  Proposal  to  create  an 
executive  department. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Dove  introduced  Proposal  No.  317,  a  Proposal  to  establish  the 
Appellate  Court. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Dove  introduced  Proposal  No.  318,  a  Proposal  concerning  the 
referendum. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Ireland  introduced  Proposal  No.  319,  a  Proposal  to  eliminate 
the  provisions  of  the  present  Constitution  requiring  acts  of  the  General 
Assembly  authorizing  or  creating  corporations  or  associations  with 
banking  powers,  to  be  submitted  to  a  vote  of  the  people. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Hull  introduced  Proposal  No.  320,  a  Proposal  to  amend  Article 
V  of  the  Constitution  with  reference  to  the  Executive  Department. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Michal  introduced  Proposal  No.  321,  a  Proposal  abolishing 
the  limitation  of  the  amount  recoverable  in  actions  arising  out  of  in¬ 
juries  to  persons  resulting  in  death. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Michal  introduced  Proposal  No.  322,  a  Proposal  limiting  cer¬ 
tain  defenses  in  suits  at  law  to  be  questions  of  fact  to  be  determined 
solely  by  a  jury. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Dunlap  introduced  Proposal  No.  323,  a  Proposal  to  provide  for 
the  improvement  of  roads,  highways  and  bridges  in  whole  or  in  part  by 
special  assessments. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Barr  introduced  Proposal  No.  324,  a  Proposal  to  provide  for  a 
system  of  courts. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 

Mr.  Michal  introduced  Proposal  No.  325,  a  Proposal  relative  to  the 
judiciary. 

The  Proposal  was  taken  up,  read  by  title,  and  advanced  for  reference. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


99 


The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  No.  221,  a  Proposal  to  designate  the  time  when  laws  shall 

come  into  effect. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  222,  a  Proposal  to  establish  a  judicial  system  for  the 

State  of  Illinois. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  223,  a  Proposal  to  separate  the  office  of  sheriff  and 
collector  in  counties  not  under  township  organization  and  to  create  the 
office  of  countv  collector  of  taxes. 

i/ 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  224,  a  Proposal  to  prohibit  options  in  purchase  and 
sale  of  commodities  and  dealing  in  stocks  by  margins,  or  in  lottery. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Miscellaneous  Subjects. 

Proposal  No.  225,  a  Proposal  to  amend  Article  2  of  the  Bill  of 
Rights,  section  9. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  226,  a  Proposal  to  amend  Article  2  (The  Bill  of 
Rights)  section  5. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  227,  a  Proposal  to  revise,  alter  and  amend  section  1, 
Article  IX,  entitled  “Revenue”  of  the  Constitution  of  1870,  so  as  to 
provide  for  the  uniform  taxation  of  all  tangible  property,  the  classifica¬ 
tion  of  intangible  property  and  for  taxation  of  incomes. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  228,  a  Proposal  to  provide  that  laws  shall  take  effect 
thirty  days  after  the  adjournment  of  the  General  Assembly. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  229,  a  Proposal  providing  a  Bill  of  Rights. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  230,  a  Proposal  providing  for  the  initiative  and 
referendum. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Initiative,  Referendum  and  Recall. 

Proposal  No.  231,  a  Proposal  in  relation  to  the  free  schools. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education. 

Proposal  No.  232,  a  Proposal  to  insert  a  separate  article  to  be 
designated  “Labor.” 


100  JOURNAL  OF  the  [Feb.  27, 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Proposal  No.  233,  a  Proposal  to  amend  Article  X  of  section  VIII 
in  relation  to  election  and  term  of  office  of  county  judge,  county  clerk, 
sheriff  and  treasurer,  and  a  county  collector. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  234,  a  Proposal  to  provide  for  the  establishment  of 
military  system  in  Illinois. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Military  Affairs. 

Proposal  No.  235,  a  Proposal  to  amend  sections  1  and  3,  Article  8, 
of  the  Constitution  to  read  as  follows. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education. 

Proposal  No.  236,  a  Proposal  for  a  budget  system. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  237,  a  Proposal  to  amend  sections  6,  7  and  8  of  Article 
4  of  the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  238,  a  Proposal  to  amend  sections  1  and  2  of  Article 
8  of  the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education. 

Proposal  No.  239,  a  Proposal  to  guarantee  freedom  of  worship. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Eights. 

Proposal  No.  240,  a  Proposal  to  amend  section  18  of  Article  II, 
Bill  of  Eights. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Eights. 

Proposal  No.  241,  a  Proposal  to  provide  for  the  exemption  from 
taxation  of  property  heretofore  or  hereafter  donated  for  school  purposes. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Eevenue,  Taxation  and  Finance. 

Proposal  No.  242,  a  Proposal  to  amend  Article  14,  section  1,  of  the 
Constitution  of  1870  so  that  it  will  read  as  follows. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Future  Amendment  of  the  Constitution. 

Proposal  No.  243,  a  Proposal  for  the  creation  of  a  death,  disability 
or  retirement  fund  for  public  officers  and  employees. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  244,  a  Proposal  to  provide  for  raising  revenue. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Eevenue,  Taxation  and  Finance. 

Proposal  No.  245,  a  Proposal  relating  to  corporations. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


101 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Corporations  and  Co-operative  Associa¬ 
tions. 

Proposal  No.  246,  a  Proposal  in  aid  of  zoning. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  247,  a  Proposal  to  provide  for  excess  condemnation. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  248,  a  Proposal  to  revise  Article  9,  section  12,  re¬ 
lating  to  the  limitation  of  indebtedness  of  municipal  corporations. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  249,  a  Proposal  to  revise  Article  9,  section  12,  re¬ 
lating  to  the  limitation  of  indebtedness  of  municipal  corporations. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  250,  a  Proposal  to  revise  Article  9,  section  9,  relating 
to  the  making  of  local  improvements. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  251,  a  Proposal  to  authorize  zoning  legislation. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  252,  a  Proposal  to  authorize  restrictions  on  property 
needed  for  public  use  in  the  future. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  253,  a  Proposal  to  confer  authority  and  power  to  lay 
out  a  city  plan  and  to  control  the  use  and  occupancy  of  land  embraced 
therein. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  254,  a  Proposal  to  provide  for  excess  condemnation. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  255,  a  Proposal  to  require  a  county  superintendent 
of  schools  in  each  county. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education. 

Proposal  No.  256,  a  Proposal  to  permit  the  distribution  to  local 
taxing  bodies  of  payments  received  from  the  Illinois  Central  Railroad. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Corporations  and  Co-operative  Associa¬ 
tions. 

Proposal  No.  257,  a  Proposal  to  exempt  parsonages  from  taxation. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 


102 


JOURNAL  OF  THE 


[Feb.  27, 


Proposal  No.  258,  a  Proposal  to  define  education. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education. 

Proposal  No.  259,  a  Proposal  to  provide  for  a  Commissioner  of 
Education  for  the  State,  in  place  of  a  Superintendent  of  Public  Instruc¬ 
tion. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Executive  Department. 

Proposal  No.  260,  a  Proposal  to  amend  section  4  of  Article  9  of  the 
Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  261,  a  Proposal  to  amend  section  —  of  Article  9  of 
the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  262,  a  Proposal  relating  to  suffrage. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Suffrage. 

Proposal  No.  263,  a  Proposal  to  define  the  relationship  between 
State  powers  and  the  powers  of  municipalities  in  certain  cases. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  264,  a  Proposal  to  provide  for  the  improvement  of 
the  lakes,  rivers  and  streams  of  this  State. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Public  Works  and  Improvements. 

Proposal  No.  265,  a  Proposal  to  prevent  encroachment  upon  the 
lakes,  rivers  and  streams  of  this  State. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Public  Works  and  Improvements. 

Proposal  No.  266,  a  Proposal  to  amend  section  No.  3  and  5  of 
Article  No.  9  of  the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  267,  a  Proposal  to  provide  for  the  development  of 
water  power  and  for  the  creation  of  districts  for  the  purpose  of  afford¬ 
ing  combined  outlet  drainage,  water  power,  and  the  reclamation  of  lands 
subject  to  overflow,  within  the  State  of  Illinois. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Public  Works  and  Improvements. 

Proposal  No.  268,  a  Proposal  relating  to  municipal  control  and 
regulation  of  public  utilities. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  269,  a  Proposal  to  provide  for  the  issuance  of  State 
bonds  for  the  construction  and  repair  of  a  general  system  of  hard  roads 
and  for  the  completion  of  any  waterway  under  construction. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


103 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Public  Works  and  Improvements. 

Proposal  No.  270,  a  Proposal  to  provide  for  the  exemption  from 
taxation  of  State  bonds  issued  under  existing  authorization. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Eevenue,  Taxation  and  Finance. 

Proposal  No.  271,  a  Proposal  to  provide  for  physical  education  and 
recreation  training. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education. 

Proposal  No.  272,  a  Proposal  to  specify  certain  courts  as  part  of 
the  judicial  department. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  273,  a  Proposal  to  provide  for  a  separate  election  of 
judges  of  the  Criminal  Court  of  Cook  County. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  274,  a  Proposal  to  provide  for  the  appointment  of 
judges  of  the  Appellate  Court. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  275,  a  Proposal  relative  to  the  superintendents  of 

courts. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  276,  a  Proposal  to  vest  in  the  General  Assembly  the 
power  to  provide  for  appeals,  writs  of  error  and  methods  of  review  of 

decisions. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  277,  a  Proposal  to  vest  in  the  General  Assembly 
power  to  make  rules  of  pleading  practice  and  procedure  for  judicial 
department.  > 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  278,  a  Proposal  to  withdraw  hearings  before  Masters 
in  Chancery  and  place  the  same  in  the  Circuit  Court  or  a  branch 
thereof. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  279,  a  Proposal  to  provide  for  authority  of  impeach¬ 
ment  and  removal  of  judges,  officers  and  employees  of  courts. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  280,  a  Proposal  relative  to  the  method  of  calling 
future  Constitutional  Conventions  and  to  the  methods  of  amending  the 
Constitution. 


104 


JOURNAL  OF  THE 


[Feb.  27, 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Future  Amendment  of  the  Constitution. 

Proposal  No.  281,  a  Proposal  to  provide  that  words  importing  the 
masculine  gender  shall  include  the  feminine  gender. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Phraseology  and  Style. 

Proposal  No.  282,  a  Proposal  to  provide  for  the  removal  of  snow 
and  ice  from  sidewalks. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Distinction  Between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  283,  a  Proposal  to  amend  section  10  of  Article  5  of 
the  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Executive  Department. 

Proposal  No.  284,  a  ^Proposal  to  provide  for  the  issuance  of  bonds 
by  the  State  or  municipalities;  to  encourage  the  building  of  homes  and 
buying  of  lands  by  citizens  of  the  State. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Distinction  Between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  285,  a  Proposal  for  public  ownership  of  public 
utilities. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  286,  a  Proposal  to  provide  proper  publicity  of  this 
Constitution  (or  of  amendments  to  the  Constitution)  by  printing  and 
mailing  the  same  to  the  post  office  address  of  each  qualified  voter  in  the 
State  of  Illinois,  at  least  ninety  days  before  the  election  at  which  they 
are  to  be  voted  upon. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Submission  and  Address,  when  appointed. 

Proposal  No.  287,  a  Proposal  to  empower  the  General  Assembly 
of  the  State  of  Illinois  to  enact  laws  providing  for  old  age  pensions  and 
social  and  industrial  justice. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  288,  a  Proposal  to  prohibit  persons  or  corporations 
from  entering  into  agreement  to  fix  or  establish  the  purchasing  price 
or  selling  price  of  food  commodities. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Distinction  Between  Constitutional  and 
Legislative  Subjects. 

Proposal  No.  289,  a  Proposal  to  provide  revenue  by  taxation. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  290,  a  Proposal  to  vest  all  powers  in  townships  lying 
wholly  within  any  city  of  more  than  5,000  population,  in  the  city  coun¬ 
cil  of  such  city. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


105 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  291,  a  Proposal  to  provide  for  an  act  to  compel  legal 
voters  to  exercise  their  right  of  suffrage. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Suffrage. 

Proposal  No.  292,  a  Proposal  with  respect  to  banks. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Corporations  and  Co-operative  Associa¬ 
tions. 

The  following  delegates  were  excused  from  attendance  of  the  Con¬ 
vention  on  account  of  sickness :  Messrs.  Mack,  Michaelson  and  Dawes. 

At  the  hour  of  11 :30  o’clock  a.  m.,  Mr.  Shanahan  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  March  2,  1920,  at  10 :00 
o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


106 


JOURNAL  OF  THE 


[Mar.  2. 


TUESDAY,  MARCH  2,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  E.  H.  Heicke,  of  the  West  Side 
Christian  Church,  of  Springfield. 

The  Journal  of  Thursday,  February  26th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing  was  ordered  to  stand  approved. 

By  unanimous  consent  Mr.  Sutherland,  by  request,  introduced  Pro¬ 
posal  Ho.  326,  a  Proposal  for  an  article  on  Revenue. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  refer¬ 
ence. 

By  unanimous  consent  Mr.  Sutherland,  by  request,  introduced  Pro¬ 
posal  Ho.  327,  a  Proposal  in  relation  to  Revenue. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  refer¬ 
ence. 

By  unanimous  consent  Mr.  Lohman  introduced  Proposal  Ho.  328,  a 
Proposal  providing  for  a  mortgage  registration  tax. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  refer¬ 
ence. 

By  unanimous  consent  Mr.  Wilson,  by  request,  introduced  Proposal 
Ho.  329,  a  Proposal  to  authorize  zoning  legislation. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  refer¬ 
ence. 

By  unanimous  consent  Mr.  Corcoran  introduced  Proposal  Ho.  330, 
a  Proposal  to  provide  for  the  consolidation  of  local  governments  having 
jurisdiction  wholly  or  partly  within  the  County  of  Cook. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  refer¬ 
ence. 

By  unanimous  consent  Mr.  McEwen  introduced  Proposal  Ho.  331,  a 
Proposal  to  establish  a  Court  of  Domestic  Relations,  with  exclusive  and 
original  jurisdiction  in  certain  cases,  and  as  a  branch  of  the  circuit  court 
in  counties  having  a  population  of  over  fifty  thousand  (50,000)  inhabit¬ 
ants. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  refer¬ 
ence. 

By  unanimous  consent  Mr.  O’Brien  introduced  Proposal  Ho.  332,  a 
Proposal  to  amend  section  X  of  the  “Bill  of  Rights,”  being  Article  II  of 
the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  refer¬ 
ence. 

Bv  unanimous  consent  Mr.  Michaelson  introduced  Proposal  Ho. 
333,  a  Proposal  in  relation  to  the  right  of  dower. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


107 


The  Proposal  was  taken  up,  read  by  title  and  advanced  for  refer¬ 
ence. 

The  Convention  proceeding  on  the  order  of  First  Reading  and  Ref¬ 
erence  of  Proposals. 

Proposal  No.  293,  a  Proposal  to  provide  for  the  apportionment  of 
the  State  for  representation  in  the  General  Assembly. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  294,  a  Proposal  to  establish  a  judicial  system  for  the 
State  of  Illinois. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  295,  a  Proposal  to  authorize  the  reclamation  of  swamp 
and  overflowed  lands  by  the  State. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Public  Works  and  Improvements. 

Proposal  No.  296,  a  Proposal  to  consolidate  the  taxing  bodies  of 
Cook  county. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Chicago  and  Cook  County. 

Proposal  No.  297,  a  Proposal  to  amend  schedule  of  Constitution 
of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Schedule. 

Proposal  No.  298,  a  Proposal  to  amend  Article  11,  section  4. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  299,  a  Proposal  to  extend  the  right  of  suffrage  to 
women. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Suffrage. 

Proposal  No.  300,  a  Proposal  to  authorize  the  General  Assembly  to 
enact  laws  relative  to  health. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Miscellaneous  Subjects. 

Proposal  No.  301',  a  Proposal  that  the  General  Assembly  shall  pro¬ 
vide  a  fund  for  the  construction,  maintaining,  repairing  and  rebuilding 
an  inter-county  system  of  wagon,  truck  and  automobile  roads. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Public  Works  and  Improvements. 

Proposal  No.  302,  a  Proposal  to  exempt  certain  property  from  taxa¬ 
tion  in  the  State  of  Illinois. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  303,  a  Proposal  to  authorize  the  creation  of  the  office 

of  county  assessor. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 


108  journal  of  the  [March  2, 

Proposal  No.  304,  a  Proposal  to  permit  the  establishment  of  the 
office  of  public  defender. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  305,  a  Proposal  to  define  appropriation  and  bud¬ 
getary  procedure  for  the  State. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  306,  a  Proposal  for  exemption  of  the  property  of  in¬ 
corporated  societies  of  ex-service  men. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Kevenue,  Taxation  and  Finance. 

Proposal  No.  307,  a  Proposal  to  permit  the  use  of  Bible  selections 
in  the  public  schools. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  308,  a  Proposal  to  omit  section  8  of  Article  9  of  the 
present  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  309,  a  Proposal  to  provide  for  local  road  and  bridge 
administration. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  310,  a  Proposal  to  provide  a  system  of  county  govern¬ 
ment. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  County  and  Township  Government. 

Proposal  No.  311,  a  Proposal  to  retain  section  1  of  Article  IX  of 
the  present  Constitution  with  certain  words  omitted  therefrom  and  cer¬ 
tain  words  added  thereto. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  312,  a  Proposal  to  protect  the  rights  of  minority 
stockholders. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  313,  a  Proposal  to  provide  for  the  initiative  and 
referendum. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  t  the  Committee  on  Initiative,  Referendum  and  Recall. 

Proposal  No.  314,  a  Proposal  to  regulate  the  nomination  of  judi¬ 
cial  and  school  candidates. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Miscellaneous  Subjects. 

Proposal  No.  315,  a  Proposal  to  amend  section  2  of  Article  VII 
relative  to  voting. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Miscellaneous  Subjects. 

Proposal  No.  316,  a  Proposal  to  create  an  executive  department. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


109 


Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Executive  Department. 

Proposal  No.  317,  a  Proposal  to  establish  the  appellate  court. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  318,  a  Proposal  concerning  the  referendum. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Initiative,  Referendum  and  Recall. 

Proposal  No.  319,  a  Proposal  to  eliminate  the  provisions  of  the 
present  Constitution  requiring  acts  of  the  General  Assembly  authoriz¬ 
ing  or  creating  corporations  or  associations  with  banking  powers,  to  be 
submitted  to  a  vote  of  the  people. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Corporations  and  Co-operative  Associations. 

Proposal  No.  320,  a  Proposal  to  amend  Article  V  of  the  Constitu¬ 
tion  with  reference  to  the  executive  department. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Executive  Department. 

Proposal  No.  321,  a  Proposal  abolishing  the  limitation  of  the 
amount  recoverable  in  actions  arising  out  of  injuries  to  persons  result¬ 
ing  in  death. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  322,  a  Proposal  limiting  certain  defenses  in  suits  at 
law  to  be  questions  of  fact  to  be  determined  solely  by  a  jury. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  323,  a  Proposal  to  provide  for  the  improvement  of 
roads,  highways  and  bridges  in  whole  or  in  part  by  special  assessments. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  No.  324,  a  Proposal  to  amend  Article  VI,  being  the 
Judicial  Department. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Committee  of  the  Whole. 

In  accordance  with  the  Special  Order  entered  on  February  27th, 
the  President  called  Mr.  Gale  to  the  chair. 

And  at  the  hour  of  10  :40  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  the  various  Proposals 
concerning  Revenue,  Taxation  and  Finance. 

At  the  hour  of  6  :27  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Gale  from  the  Committee  of  the  Whole  reported  that  the  com¬ 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

The  Report  of  the  Committee  was  concurred  in. 


110  journal  of  the  [March  2, 

And  at  the  hour  of  6  :30  o’clock  p.  m.,  Mr.  Shanahan  moved  that 
the  Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


Ill 


WEDNESDAY,  MAECH  3,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  H.  D.  Helwig,  of  the  First  Christian 
Church,  of  Beardstown. 

The  Journal  of  Friday,  February  27,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up, 
and  no  corrections  appearing  was  ordered  to  stand  approved. 

By  unanimous  consent,  Mr.  Eosenberg  introduced  Proposal  No.  334, 
a  Proposal  exempting  and  excluding  of  and  from  all  and  any  statutes 
pertaining  to  child  labor  and  compulsory  education  of  children  engaged 
in  theatrical  or  musical  performances. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Eeading  and 
Eeference  of  Proposals. 

Proposal  No.  326,  a  Proposal  for  an  article  on  revenue. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Eevenue,  Taxation  and  Finance. 

Proposal  No.  327,  a  Proposal  in  relation  to  revenue. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Eevenue,  Taxation  and  Finance. 

Proposal  No.  328,  a  Proposal  providing  for  a  mortgage  registration 

tax. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Eevenue,  Taxation  and  Finance. 

Proposal  No.  329,  a  Proposal  to  authorize  zoning  legislation. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Municipal  Government. 

Proposal  No.  330,  a  Proposal  to  provide  for  the  consolidation  of 
local  governments  having  jurisdiction  wholly  or  partly  within  the  county 
of  Cook. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Chicago  and  Cook  County. 

Proposal  No.  331,  a  Proposal  to  establish  a  County  of  Domestic 
Eolations,  with  exclusive  and  original  jurisdiction  in  certain  cases,  and 
as  a  branch  of  the  Circuit  Court  in  counties  having  a  population  of  over 
fifty  thousand  (50,000)  inhabitants. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Judicial  Department. 


112  journal  of  the  [Mar.  3, 

Proposal  No.  332,  a  Proposal  to  amend  section  X  of  the  “Bill  of 
Eights/’  being  Article  II  of  the  Constitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Eights. 

Proposal  No.  333,  a  Proposal  to  provide  for  legislation  to  fix  the 
value  of  dower  or  homestead,  where  husband  or  wife  refuses  to  join  in 
conveyance  and  to  provide  a  remedy  to  relinquish  such  dower  or  home¬ 
stead. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Miscellaneous  Subjects. 

The  President  announced,  for  the  information  of  the  delegates,  that 
all  errors  appearing  in  the  advance  sheets  of  the  Convention  Debates, 
where  correction  is  desired,  should  be  reported  to  the  Official  Eeporter  so 
that  corrections  may  be  made  before  the  final  printing  of  the  same. 

Whereupon  Mr.  Hull  suggested  that  only  such  changes  should  be 
made  as  will  conform  with  the  facts  and  that  no  new  or  additional  mat¬ 
ter  should  be  added. 

Pending  discussion,  Mr.  Cutting  moved  that  a  committee  be  ap¬ 
pointed,  by  the  President,  to  supervise  the  printing  and  correcting  of  the 
Convention  Debates. 

Mr.  Hamill  moved  as  a  substitute,  for  the  motion  of  Mr.  Cutting, 
that  all  corrections  or  errors  in  the  first  printing  of  the  Debates  be  sub¬ 
mitted  to  the  President  before  changes  are  made. 

Pending  consideration,  Mr.  Hamill  withdrew  his  substitute  motion 
and  moved  that  the  motion  of  Mr.  Cutting  be  referred  to  the  Committee 
on  Eules  and  Procedure. 

Mr.  McEwen  raised  the  point  of  order  that  the  motion  of  Mr. 
Cutting  was  out  of  order  for  the  reason  that  the  rules  now  provide,  under 
division  8,  page  18,  Eule  51,  that  the  President  shall  have  supervision  of 
the  printing  of  the  Debates  of  the  Convention. 

The  President  ruled  that  the  point  of  order  was  at  least  premature 
and  that  the  motion  of  Mr.  Hamill  to  refer  the  motion  of  Mr.  Cutting 
to  the  Committee  on  Eules  and  Procedure  was  in  order. 

And  the  question  being  on  the  motion  to  refer,  it  was  decided  in 
the  affirmative. 

Upon  request  of  Mr.  Whitman,  Mr.  Clarke  was  excused  from  fur¬ 
ther  attendance  at  the  Convention  for  the  week  on  account  of  the  death 
of  his  mother. 

At  the  hour  of  10  :40  o’clock  a.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


113 


THURSDAY,  MARCH  4,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  H.  D.  Helwig,  of  the  First  Christian 
Church,  of  Beardstown. 

The  Journal  of  Tuesday,  March  2,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up, 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

By  unanimous  consent,  Mr.  Revell  introduced  Proposal  Ho.  335,  a 
Proposal  to  prescribe  a  loyalty  test  for  all  candidates  seeking  nomina¬ 
tion  or  election  to  the  General  Assembly,  or  to  any  office  of  profit  or 
trust  in  this  State. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

By  unanimous  consent,  Mr.  Revell  introduced  Proposal  No.  336,  a 
Proposal  to  provide  for  the  election  of  Senators  in  counties  which  con¬ 
tain  more  than  one  senatorial  district. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  No.  334,  a  Proposal  exempting  and  excluding  of  and  from 
all  and  any  statutes  pertaining  to  child  labor  and  compulsory  education 
of  children  engaged  in  theatrical  or  musical  performances. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education. 

Upon  request  the  following  Delegates  were  excused  from  attend¬ 
ance  at  the  Convention  for  the  remainder  of  this  week :  Messrs.  Bald¬ 
win,  Corlett,  Pincus,  Dryer,  Conkling,  G.  A.  Dupuy,  Cutting,  Gee, 
Pearce,  Stahl,  and  E.  H.  Dupee. 

Mr.  Jarman  asked  unanimous  consent  to  withdraw  his  Resolution 
No.  22  introduced  on  Thursday,  February  26,  from  the  Committee  on 
Rules  and  Procedure. 

Mr.  Trautmann  raised  the  point  of  order  that  the  resolution  had 
been  referred,  by  the  Convention,  to  the  committee  and  that,  under  the 
rules,  it  could  not  be  withdrawn  from  the  committee  except  upon  an 
affirmative  vote  of  a  majority  of  the  Convention. 

The  President  ruled  the  point  of  order  well  taken. 

Mr.  Jarman  thereupon  moved  that  the  Committee  on  Rules  and 
Procedure  be  discharged  from  further  consideration  of  the  resolution. 

Mr.  Green  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  Mr.  Jarman  raised 
the  point  of  no  quorum. 


— 8  C  J 


114 


JOURNAL  OF  THE 


[Mar.  4, 


Whereupon  the  President  ordered  a  call  of  the  Convention  as 
follows : 


Those  answering  present  are :  Messrs. 


Barr 

Gale 

Lindly 

Paddock 

Sutherland 

Brenholt 

Garrett 

Lohman 

Potts 

Taff 

Carl  strom 

Gilbert 

McGuire 

Quinn 

Tanner 

Coolley 

Gorman 

Meinert 

Revell 

Todd 

Corcoran 

Green 

Michaelson 

Rinaker 

Traeger 

Cruden 

Hamill 

Michal 

Rosenberg 

Trautmann 

Davis 

Iarussi 

Mighell 

Shanahan 

Wall 

Dawes 

Ireland 

Mills 

Shaw 

Whitman 

Dove 

Jarman 

Moore 

Shuey 

Wilson 

Dunlap 

Kerrick 

Morris 

Six 

Woodward 

Prole 

Kunde 

Nichols 

Smith 

Mr.  President 

Fyke 

Latchford 

O’Brien 

Sneed 

Present — ! 

The  President  announced  that  a  quorum  of  the  Convention  was  ” 
present. 

The  question  then  recurring  on  the  motion  to  table,  it  was  decided 
in  the  affirmative. 

And  the  motion  of  Mr.  Jarman  was  ordered  to  lie  on  the  table. 

At  the  hour  of  10  :25  o’clock  a.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn  until  Tuesday,  March  9,  1920,  at  10 :00 
o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


115 


TUESDAY,  MARCH  9,  1920,  10:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  ottered  by  the  Rev.  H.  B.  Lewis,  of  the  First  Methodist 
Chnrch,  of  Kewanee. 

The  Journal  of  Wednesday,  March  3rd,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  Order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  Ho.  335,  a  Proposal  to  prescribe  a  loyalty  test  for  all  can¬ 
didates  seeking  nomination  or  election  to  the  General  Assembly,  or  to 
any  office  of  profit  or  trust  in  this  State. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  Ho.  336,  a  Proposal  to  provide  for  the  election  of  Senators 
in  counties  which  contain  more  than  one  Senatorial  district. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Mr.  Goodyear  offered  the  following  resolution  and  moved  its  adop¬ 
tion: 

Resolution  No.  24. 

Whereas,  On  yesterday  afternoon,  Almighty  God  out  of  his  infinite  prov¬ 
idence  called  from  his  earthly  labors  to  the  better  life  our  fellow-worker  and 
member,  the  Hon.  Edward  C.  Curtis,  a  Delegate  to  this  Constitutional  Con¬ 
vention  from  the  Twentieth  Senatorial  district  and  a  resident  of  Grant  Park, 
in  the  county  of  Kankakee,  and, 

Whereas,  We  recall  that  more  than  fourteen  years  ago,  Senator  Curtis 
introduced  in  the  legislature  a  resolution  to  call  a  Constitutional  Convention 
which  he  believed  would  result  in  giving  to  the  people  of  the  State  of  Illi¬ 
nois,  wider  liberties  and  a  better  government,  and  ever  afterward  used  his 
efforts  and  experience  to  procure  the  adoption  of  a  resolution  providing  for 
such  Convention;  and  due  to  his  efforts  more  than  to  the  efforts  of  any 
other  individual  this  Convention  was  called,  organized  and  is  now  assem¬ 
bled,  and, 

Whereas,  We  realize  that  by  his  death  we  have  lost  one  whose  rare 
ability,  broad  judgment  and  high  purposes  were  conceded  by  all  who  knew 
him,  one  who  wise  counsels  we  have  sought,  and  one  whose  life  his  con¬ 
stituents  honored  by  calling  him  to  positions  of  high  responsibility  and 
trust;  and, 

Whereas,  In  his  private  life,  Senator  Curtis  was  a  man  among  men, 
clear  and  pure  in  thought,  in  word  and  in  deed,  always  upholding  all  that 
was  good,  beautiful  and  true;  that  as  a  member  of  the  General  Assembly 
of  Illinois  for  more  than  a  quarter  of  a  century,  he  leaves  behind  him  a 
record  of  accomplishment  that  no  other  legislator  of  his  time  has  excelled, 
fearless  in  the  discharge  of  his  duty,  courageous  in  the  advocacy  of  public 
measures,  indefatigable  and  tactful  in  his  labors,  he  has  left  an  indelible 
impress  upon  the  legislation  and  administration  of  this  State,  his  name 


116 


JOURNAL  OF  THE 


[Mar.  9, 


being  identified  with  all  of  the  constructive  measures  enacted  in  this  State 
during  the  last  quarter  of  a  century.  Public  clamor  and  unjust  and  unfair 
criticism  never  swerved  him  from  the  assertion  and  promotion  of  measures 
which  he  deemed  to  be  fair,  just  and  true.  Amiable  in  disposition,  lovable 
in  character,  steadfast  in  friendship,  he  endeared  himself  to  his  friends 
both  in  public  and  private  life.  Therefore,  be  it 

Resolved,  That  this  Convention  express  its  deep  regret  at  the  loss  of 
one  of  its  most  useful  and  honored  members,  and  at  the  loss  to  the  people 
of  the  State  of  Illinois  and  to  his  community  of  one  of  its  best  citizens  and 
ablest  statesmen,  and  that  it  extends  its  heartfelt  sympathy  to  the  members 
of  the  bereaved  family;  and,  be  it  further 

Resolved,  That  a  committee  of  fifteen  members  be  appointed  by  the 
President  to  represent  the  Convention  at  the  funeral;  that  this  preamble 
and  resolution  be  entered  on  the  Journal  of  the  Convention;  that  a  suitably 
engrossed  copy  thereof  be  forwarded  to  the  family,  and  as  a  further  mark 
of  respect  to  his  memory  that  the  Convention  do  now  adjourn. 

In  seconding  the  adoption  of  the  resolution  appropriate  remarks 
were  made  by  Messrs.  Shanahan,  Hull,  Traeger,  Wall,  Barr,  Gale  and 
Coolley. 

The  resolution  was  unanimously  adopted  by  a  rising  vote;  and,  in 
accordance  therewith,  at  the  hour  of  11 :35  o’clock  a.  m.,  the  Convention 
stood  adjourned. 

In  accordance  with  the  foregoing  resolution  the  President  ap¬ 
pointed  the  following  Delegates  as  members  of  the  committee  to  attend 
the  funeral ;  Messrs.  Goodyear,  Mighell,  Coolley,  Dunlap,  Green,  Barr, 
Hull,  Lindly,  Corlett,  Gale,  Shanahan,  L.  C.  Johnson,  Tanner,  Miller 
and  Wall. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


117 


WEDNESDAY,  MARCH  10,  1920,  10:00  0’CLOCIv  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  H.  B.  Lewis,  of  the  First  Methodist 
Church,  of  Kewanee. 

The  Journal  of  Thursday,  March  4th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing  was  ordered  to  stand  approved. 

By  unanimous  consent,  Mr.  Re  veil  introduced  Proposal  No.  337,  a 
Proposal  to  amend  Article  VIII  of  the  Constitution  of  1870. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  refer¬ 
ence. 

By  unanimous  consent,  Mr.  Mack,  by  request,  introduced  Proposal 
No.  338,  a  Proposal  to  amend  section  1  of  Article  IX,  Revenue. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  refer¬ 
ence. 

The  Convention  proceeding  on  the  Order  of  Reports  of  Standing 
Committees. 

Mr.  Beckman,  from  the  Committee  on  Military  Affairs,  submitted 
the  following  report: 

Your  Committee  on  Military  Affairs  to  which  was  referred  Proposals 
numbered  14,  112,  234,  and  Article  12  of  the  Constitution  of  1870. 

Reports  the  same  back  with  a  substitute  therefore,  being  Proposal 
No.  339,  a  Proposal  to  provide  for  the  militia. 

And  recommends  that  the  original  Proposals,  above  enumerated, 
be  rejected,  and  that  the  substitute  Proposal  No.  339  be  placed  on  the 
General  Orders. 

William  H.  Beckman,  James  Nichols, 

Abel  Davis,  Charles  B.  T.  Moore, 


E.  B.  Coolley, 
Wm.  H.  Cruden, 


William  T.  Hollenbeck, 
J.  Mack  Tanner, 


Committee. 


The  report  of  the  Committee  was  ordered  printed,  and  to  lie  on  the 

table. 

To  the  Honorable,  the  Delegates  of  the  Constitutional  Convention: 

Your  Committee,  to  whom  was  referred  Article  Twelve  (12)  of  the  Con¬ 
stitution  of  1870,  have  given  careful  study  to  each  and  every  provision  thereof 
and  after  much  discussion  and  with  the  help  and  advise  of  those  who  have 
been  in  military  authority  in  State  affairs  for  the  last  decade,  we  have  con¬ 
cluded  that  the  first  five  sections  of  said  article  are  understood,  applicable 
and  easily  workable. 

Section  Six  (6)  seems  to  have  outlived  its  original  purpose  and  outworn 
its  usefulness.  At  the  time  that  section  was  adopted,  there  was  probably 
some  potent  reason  for  it.  The  experience  of  mankind  through  the  world- 
war  has  demonstrated  the  fact  that  there  are  men  who  sincerely  have  con¬ 
scientious  scruples  against  bearing  arms,  hence  we  have  submitted  a  sub- 


118 


JOUENAL  OP  THE 


[Mar.  10, 


stitute  providing  that  such  man  may  serve  in  any  capacity  declared  by  the 
Commander-in-Chief  to  be  non-combatant.  The  substitute  provision  submit¬ 
ted  requires  of  each  man  a  contribution  of  personal  service  and  eliminates 
his  possibility  of  employing  anyone  else  to  serve  for  him. 

Respectfully  submitted, 

William:  H.  Beckman, 

-  Chairman  Committee  on  Military  Affairs. 

Committee  of  the  Whole. 

In  accordance  with,  the  Special  Order  entered  on  February  27th, 
the  President  called  Mr.  Brandon  to  the  chair. 

And  at  the  hour  of  10  :15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  the  various  Proposals 
relating  to  or  affecting  education,  and  particularly  the  revenue  Proposals 
as  affecting  said  subject. 

At  the  hour  of  11 :57  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Brandon  from  the  Committee  of  the  Whole  reported  that  the 
Committee  had  made  progress  and  asked  leave  to  sit  again. 

The  Report  of  the  Committee  was  concurred  in. 

And  at  the  hour  of  11 :59  o’clock  p.  m.,  Mr.  Brenholt  moved  that 
the  Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


119 


THURSDAY,  MARCH  11,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  H.  B.  Lewis,  of  the  First  Methodist 
Church,  of  Kewanee. 

The  Journal  of  Tuesday,  March  9,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up, 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  No.  337,  a  Proposal  to  amend  Article  VIII  of  the  Con¬ 
stitution  of  1870. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Education. 

Proposal  No.  338,  a  Proposal  to  amend  section  I  of  Article  IX — 
revenue. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

The  President,  as  chairman,  laid  before  the  Convention  the  fol¬ 
lowing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

The  Committee  on  Military  Affairs  having  presented  its  report,  with  a 
Proposal  on  the  subject  matter  considered  by  said  committee,  being  Proposal 
No.  339,  and  said  report  having  been  ordered  to  lie  on  the  table  and  be 
printed; 

Your  Committee  on  Rules  and  Procedure  recommends  that  said  report 
be  now  taken  from  the  table  and  the  recommendations  of  the  committee  con¬ 
curred  in. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
on  Rules  and  Procedure,  it  was  decided  in  the  affirmative. 

And  Proposal  No.  339,  was  placed  on  the  general  orders. 

Mr.  Gorman  submitted  the  following  report  and  moved  its  adop¬ 
tion  : 

According  to  Resolution  No.  7,  adopted  by  the  Convention  on  Wednes¬ 
day,  January  14,  1920,  the  President  of  the  Convention  appointed  a  com¬ 
mittee  to  attend  the  funeral  of  our  late  co-delegate,  Michael  F.  Sullivan,  of 
the  Second  Senatorial  District,  the  members  of  which  were  the  following: 

Messrs.  Gorman,  Chairman;  O’Brien,  Rosenberg,  Michaelson,  Corcoran, 
Potts,  Kunde,  Pincus,  Iarussi,  Beckman,  Traeger,  Latchford,  Davis,  Wolff, 
Charles  Woodward,  Frole,  McEwen,  Michal,  Sutherland  and  Dupee. 

Your  committee  desires  to  report  that  it  attended  the  funeral  of  our 
said  late  co-delegate,  Michael  F.  Sullivan,  in  the  city  of  Chicago,  on  the  15th 
day  of  January,  1920,  and  that  Delegate  Potts  of  the  committee  accompanied 
the  funeral  cortege  to  Logansport,  Indiana,  and  that  the  following  expenses 
were  incurred  by  your  committee,  as  evidenced  by  statements  hereto  at¬ 
tached: 


120 


JOURNAL  OF  THE 


[Mar.  11, 


Schiller,  the  florist,  for  basket  of  roses . $50.00 

O’Hara  and  Kehoe,  for  two  automobiles  at  funeral .  25.00 

Expenses  of  Delegate  Potts  to  Logansport,  Indiana,  and  return,  rail¬ 
road  fare,  meals,  etc .  10.00 


Total  . $85.00 

Pursuant  to  the  following  report,  I  have  submitted  bills  as  above  out¬ 
lined  to  your  Committee  on  Expenditures  and  Supplies  for  payment. 
Respectfully  submitted, 

John  J.  Gorman,  Chairman. 


Pending  the  adoption  of  the  report  of  the  committee,  the  President 
made  the  following  statement: 

“The  committee  has  reported  that  certain  expenses  were  incurred  in 
attending  the  funeral  of  Delegate  Sullivan.  The  Convention  heretofore, 
pursuant  to  the  rules  made  an  appropriation,  as  the  Chair  understands 
it,  by  a  roll  call  vote  to  pay  expenses  such  as  were  incurred  by  this  com¬ 
mittee.  The  Chair  does  not  understand  under  the  rules  therefore  that 
a  roll  call  vote  will  be  necessary  for  the  report  submitted  by  Delegate 
Gorman.” 

And  the  question  being  on  the  adoption  of  the  report  of  the  com¬ 
mittee,  it  was  decided  in  the  affirmative  by  a  unanimous  vote. 

At  the  hour  of  10  :35  o’clock  a.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now'  adjourn  until  Tuesday,  March  16,  1920,  at  10 :00 
o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


121 


TUESDAY,  MARCH  16,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Edward  E.  Hastings,  of  the  Central 
Presbyterian  Church,  of  Joliet. 

The  Journal  of  Wednesday,  March  10,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

By  unanimous  consent,  Mr.  Traeger,  by  request,  introduced  Pro¬ 
posal  No.  340,  a  Proposal  relative  to  the  election  and  appointment  of 
public  officers. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference, 
unanimous  consent,  Mr.  Frole  introduced  Proposal  No.  341,  a 
Proposal  to  omit  certain  words  from  the  preamble  of  the  present  Con¬ 
stitution. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

Mr.  Iarussi  offered  the  following  resolution  which,  on  motion  of 
Mr.  Gorman,  was  referred  to  the  Committee  on  Education: 

Resolution  No.  24. 

Whereas,  Many  good  citizens  of  the  State  of  Illinois  are  descendants  of 
persons  born  in  Italy,  and 

Whereas,  The  Italian  language  has  been  the  medium  of  expression  in 
literature  and  music  for  centuries,  and 

Whereas,  As  a  cultural  agent  the  Italian  tongue  is  comparable  with  any 
of  the  languages  of  modern  Europe;  therefore,  be  it 

Resolved ,  That  it  is  the  sense  of  this  Convention  that  the  State  Super¬ 
intendent  of  Public  Instruction  should  be  advised  and  through  him  the  edu¬ 
cational  system  of  the  State  should  be  advised  that  instruction  in  the  Italian 
language  should  be  offered  in  the  better  high  schools  of  the  State,  particu¬ 
larly  in  those  within  whose  jurisdiction  there  live  a  considerable  number  of 
persons  of  Italian  extraction. 

On  account  of  the  death  of  Mr.  Curtis,  the  President  appointed  Mr. 
Shanahan,  chairman,  and  Mr.  Barr  a  member  of  the  Committee  on 
Legislative  Department  and  Mr.  Paddock  a  member  of  the  Committee 
on  Rules  and  Procedure. 

At  the  hour  of  10  :20  o’clock  a.  m.,  Mr.  Gale  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


122 


JOURNAL  OF  THE 


[Mar.  17, 


WEDNESDAY,  MARCH  17,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Edward  E.  Hastings,  of  the  Central 
Presbyterian  Church,  of  Joliet. 

The  Journal  of  Thursday,  March  11th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure : 


Committee  Report. 


Your  Committee  on  Rules  and  Procedure  to  which  was  referred  the  fol¬ 
lowing  resolution,  t.o-wit: 


Resolution  No.  22. 


Resolved ,  That  after  the  first  day  of  March,  1920,  except  as  specially  oth¬ 
erwise  ordered,  the  Convention  meet  at  10:00  o’clock  a.  m.,  on  each  day,  ex¬ 
cept  Sunday  and  Monday. 

Reported  the  same  back  with  the  recommendation  that  it  be  not 
adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
on  Rules  and  Procedure,  it  was  decided  in  the  affirmative. 

And  Resolution  No.  22  was  rejected. 

The  Convention  proceeding  on  the  Order  of  Reports  of  Standing 
Committee. 

Mr.  Brandon,  from  the  Committee  on  Education,  submitted  the  fol¬ 
lowing  report : 

To  the  President  and  Delegates  of  the  Constitutional  Convention: 

Your  Committee  on  Education,  to  which  was  referred  Proposal  No.  84, 
being  a  Proposal  to  provide  for  the  non-sectarian  reading  of  the  Bible  in  the 
public  schools,  begs  leave  to  report,  that  it  has  considered  this  Proposal. 

And  your  committee  recommend  that  in  as  much  as  other  proposals  on 
the  same  subject  matter  have  been  referred  to  the  Committee  on  Bill  of 
Rights,  and  in  as  much  as  it  appears  to  your  committee  that  the  subject  mat¬ 
ter  properly  belongs  in  the  field  of  activity  of  that  committee. 

Your  committee  respectfully  recommend  that  Proposal  No.  84  be  re¬ 
referred  to  the  Committee  on  Bill  of  Rights  for  final  consideration  and  ulti¬ 
mate  report. 

(Signed)  Edward  J.  Corcoran,  Rodney  H.  Brandon, 


Michael  Rosenberg, 
Michael  Iarussi, 
Archibald  J.  Carey, 
William  S.  Gray, 


W.  H.  Beckman, 
George  A.  Barr, 
H.  M.  Dunlap. 


Committee. 


1920.]  CONSTITUTIONAL  CONVENTION  123 

The  question  being  on  the  adoption  of  the  Report  of  the  Committee 
on  Education,  it  was  decided  in  the  affirmative. 

And  Proposal  No.  84  was  re-referred  to  the  Committee  on  Bill  of 

Rights. 

By  unanimous  consent,  Mr.  Michaelson  introduced  Proposal  No. 
342,  a  Proposal  to  prohibit  public  officials  drawing  more  than  one  salary 
at  the  same  time  from  public  funds. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

By  unanimous  consent,  Mr.  Dunlap  introduced  Proposal  No.  343, 
a  Proposal  to  provide  for  the  levy  and  collection  of  taxes. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

By  unanimous  consent,  Mr.  Michal  introduced  Proposal  No.  344, 
a  Proposal  providing  for  the  validation  and  collection  of  taxes. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

By  unanimous  consent,  Mr.  Michal  introduced  Proposal  No.  345, 
a  Proposal  providing  for  the  employment  of  convict  labor. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

By  unanimous  consent,  Mr.  Jarman  introduced  Proposal  No.  346, 
a  Proposal  to  amend  the  Constitution  concerning  home  rule  for  munici¬ 
palities. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

The  Convention  proceeding  on  the  Order  of  First  Reading  and  Ref¬ 
erence  of  Proposals. 

Proposal  No.  340,  a  Proposal  relative  to  the  election  and  appoint¬ 
ment  of  public  officers. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Suffrage. 

Proposal  No.  341,  a  Proposal  to  omit  certain  words  from  the  Pre¬ 
amble  of  the  present  Constitution. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Beckman  to  the  chair. 

And  at  the  hour  of  10  :55  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  Proposal  No.  339. 

At  the  hour  of  12  :07  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Beckman,  from  the  Committee  of  the  Whole,  having  had 
under  consideration  Proposal  No.  339,  reported  that  the  committee  had 
made  progress  but  asked  that  section  4,  together  with  Amendment  No. 
1,  offered  by  Mr.  Davis  to  said  Proposal,  be  re-committed  to  the  Com¬ 
mittee  on  Military  Affairs  and  that  the  Committee  of  the  Whole  be 
granted  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 


124  JOURNAL  OF  THE  [Mar.  17, 

And  at  the  hour  of  12 :10  o’clock  p.  m.,  Mr.  Green  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


125 


THURSDAY,  MARCH  18,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Edward  E.  Hastings,  of  the  Central 
Presbyterian  Church,  of  Joliet. 

The  Journal  of  Tuesday,  March  16,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  Ho.  342,  a  Proposal  to  prohibit  public  officials  from  draw¬ 
ing  more  than  one  salary  at  the  same  time  from  public  funds. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Miscellaneous  Subjects. 

Proposal  Ho.  343,  a  Proposal  to  provide  for  the  levy  and  collection 
of  taxes. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  Ho.  344,  a  Proposal  providing  for  the  validation  and  col¬ 
lection  of  taxes. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 

Proposal  Ho.  345,  a  Proposal  providing  for  the  employment  of 

convict  labor. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Industrial  Affairs  and  Labor. 

Proposal  Ho.  346,  a  Proposal  to  amend  the  Constitution  concerning 
home  rule  for  municipalities. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and 
referred  to  the  Committee  on  Municipal  Government. 

At  the  hour  of  10  :35  o’clock  a.  m.,  Mr.  Beckman  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  March  23,  1920. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


126 


JOURNAL  OF  THE 


[Mar.  23, 


TUESDAY,  MARCH  23,  1920,  10:00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Eather  L.  C.  Tholen,  of  the  St. 
Peter  and  Paul  Church,  of  Hauvoo. 

The  Journal  of  Wednesday,  March  17th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  reports  the  following  matters 
for  consideration  in  Committee  of  the  Whole  today,  March  23rd,  upon  reach¬ 
ing  the  general  orders,  namely: 

The  consideration  of  the  various  proposals  relating  to  or  affecting  the 
organization  of  the  Judicial  Department. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

It  having  come  to  the  knowledge  of  your  Committee  on  Rules  and  Pro¬ 
cedure  that  the  Hon.  William  Jennings  Bryan  of  Nebraska  will  he  in  the 
City  of  Springfield  tomorrow,  March  24,  1920,  therefore  this  committee  re¬ 
ports  the  following  resolution,  and  recommends  its  adoption: 

Resolution  No.  25. 

Resolved,  That  the  President  of  this  Convention  be,  and  he  is  hereby 
requested  to  extend  an  invitation  from  this  body  to  the  Hon.  William  Jen¬ 
nings  Bryan  to  appear  before  and  address  this  Convention  at  10:15  o’clock 
a.  m.,  tomorrow,  Wednesday,  March  24,  1920. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  has  been  requested  by  the 
chairman  of  the  Committee  on  Agriculture  and  the  chairman  of  the  Com¬ 
mittee  on  Industrial  Affairs  and  Labor  to  invite  the  Hon.  Henry  J.  Allen, 
Governor  of  the  State  of  Kansas,  who  will  be  in  Springfield  on  Friday,  March 
26th,  to  address  the  Committee  of  the  Whole  of  this  Convention  on  that  date 
on  the  subjects  of  “Land  Tenantry  and  Industrial  Courts.”  Therefore,  be  it 


1920.] 


CONSTITUTIONAL  CONVENTION. 


127 


Resolution  No.  26. 

Resolved,  That  the  President  of  this  Convention  be,  and  he  is  hereby 
requested  to  extend  an  invitation  to  Governor  Allen,  to  address  the  Commit¬ 
tee  of  the  Whole  of  this  Convention  on  March  26,  1920,  on  the  subjects  of 
■“Land  Tenantry  and  Industrial  Courts.” 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

Committee  of  the  Whole. 

In  accordance  with  the  Special  Order  heretofore  entered,  the  Presi¬ 
dent  called  Mr.  DeYoung  to  the  chair. 

At  the  hour  of  10:15  o’clock  a.  m.,  the  Convention  went  into  Com¬ 
mittee  of  the  Whole  for  the  consideration  of  the  various  proposals  re¬ 
lating  to  or  affecting  the  organization  of  the  Judicial  Department. 

At  the  hour  of  6  :15  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  DeYoung  from  the  Committee  of  the  Whole  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  6  :17  o’clock  p.  m.,  Mr.  Miller  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


128 


JOURNAL  OF  THE 


[Mar.  24, 


WEDNESDAY,  MARCH  24,  1920,  10  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Father  L.  C.  Tholen,  of  the  St. 
Peter  and  Paul  Church,  of  Nauvoo. 

The  Journal  of  Thursday,  March  18,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  reports  the  following  matters 
for  consideration  in  the  Committee  of  the  Whole  on  Thursday,  April  1,  1920. 

The  consideration  of  the  various  proposals  before  the  Committee  on 
Municipal  Government. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  to  which  was  referred  the  mo¬ 
tion  of  the  delegate  from  Cook,  Mr.  Cutting,  that  a  committee  be  appointed 
by  the  President  to  supervise  the  printing  and  correcting  of  the  Convention 
debates,  having  duly  considered  said  motion,  recommends  that  a  committee 
of  three  to  supervise  the  printing  and  correcting  of  the  Convention  debates 
be  appointed  by  the  President,  to  aid  and  assist  in  that  work. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President  thereupon  appointed  as  the  committee  provided  for 
in  the  above  report,  Messrs.  Clarke,  Dryer  and  Brandon. 

The  hour  of  10:15  o’clock  a.  m.,  having  arrived,  the  President,  in 
accordance  with  the  resolution  adopted  on  }resterclay,  introduced  the 
Hon.  William  Jennings  Bryan,  who  addressed  the  Convention  on  the 
fundamentals  of  Constitution  making. 

At  the  hour  of  12  :05  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


129 


THURSDAY,  MARCH  25,  1920,  10:00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Father  L.  C.  Tholen,  of  the  St. 
Peter  and  Paul  Church,  of  Nauvoo. 

The  Journal  of  Tuesday,  March  23,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  order  of  Reports  of  Standing 
Committees. 

Mr.  Fyke  submitted  the  following  report: 

To  the  Honorable,  Charles  E.  Woodward,  President,  Constitutional  Conven¬ 
tion: 

The  Committee  on  Corporations  and  Co-operative  Associations  respect¬ 
fully  returns  to  the  Convention,  Proposal  No.  157,  with  the  request  that  it 
be  re-referred  to  the  Committee  on  Distinction  Between  Legislative  and 
Constitutional  Subjects. 

Edgab  E.  Fyke,  Chairman. 

The  question  being  on  the  adoption  of  the  report  of  the  committee, 
it  was  decided  in  the  affirmative. 

And  Proposal  No.  157,  was  re-referred  to  the  Committee  on  Dis¬ 
tinction  Between  Legislative  and  Constitutional  Subjects.  • 

At  the  hour  of  10 :15  o'clock  a.  m.,  Mr.  Revell  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


— 9  C  J 


130 


JOURNAL  OF  THE 


[Mar.  26, 


FRIDAY,  MARCH  26,  1920,  10  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Father  L.  C.  Tholen,  of  the  St. 
Peter  and  Paul  Church,  of  Kauvoo. 

The  Journal  of  Wednesday,  March  24,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

At  the  hour  of  10  :10  o’clock  a.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  2  :30  o’clock  p.  m. 

And  the  motion  prevailed. 

2:30  o'Clock  P.  M. 

The  hour  of  2 :30  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

In  accordance  with  the  resolution  adopted  on  March  23,  the  Presi¬ 
dent  called  Mr.  Dunlap  to  the  chair. 

And  at  the  hour  of  2  :40  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  Whole. 

Whereupon  Mr.  Dunlap  introduced  Hon.  Henry  J.  Allen,  Governor 
of  Kansas,  who  addressed  the  Committee  of  the  Whole  on  the  subjects 
of  land  tenantry  and  industrial  courts. 

At  the  hour  of  4:20  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Dunlap,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  4:25  o’clock  p.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  March  30,  1920,  at  10 :00 
o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


131 


TUESDAY,  MARCH  30,  1920,  10:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  0.  W.  Chessman,  of  the  First  Bap¬ 
tist  Church,  of  Ottawa. 

The  Journal  of  Thursday,  March  25th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  reports  the  following  special 
order  of  business  under  general  orders  for  tomorrow,  Wednesday,  March 
31st:  * 

Consideration  in  the  Committee  of  the  Whole  of  the  various  proposals 
pending  before  the  Committee  on  Initiative,  Referendum  and  Recall. 

Also  as  special  order  of  business  under  general  orders  on  Wednesday, 
April  7th: 

The  consideration  of  Proposal  No.  232. 

The  question  being  on  the  adoption  of  the  report  from  the  Commit¬ 
tee  on  Rules  and  Procedure. 

It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  suggests  that  under  the  general 
orders  of  this  day,  the  delegates  composing  this  Convention  be  and  they 
are  hereby  requested  to  discuss  in  Committee  of  the  Whole  the  general  sub¬ 
ject  of  the  plan  and  policy  to  be  followed  in  the  preparation  and  draft  of  the 
revised  Constitution,  and  the  fundamental  ideas  which  should  control  and 
limit  the  activities  of  this  Convention. 

The  question  being  on  the  adoption  of  the  report  from  the  Commit- 
mittee  on  Rules  and  Procedure. 

It  was  decided  in  the  affirmative. 

By  unanimous  consent,  Mr.  Elting  introduced  Proposal  No.  347,  a 
Proposal  to  amend  Article  2  by  adding  the  following  section  to  the  Bill 
of  Rights. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

By  unanimous  consent,  Mr.  Elting  introduced  Proposal  No.  348,  a 
Proposal  to  amend  section  3  of  Article  II  of  the  Bill  of  Rights. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 


132 


JOURNAL  OF  THE 


[Mar.  30, 


By  unanimous  consent,  Mr.  Elting  introduced  Proposal  No.  349,  a 
Proposal  to  amend  section  3  of  Article  VIII,  entitled  Education. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

General  Orders. 

The  Convention  proceeding  on  the  general  orders,  the  President 
called  Mr.  Barr  to  the  chair. 

And  at  the  hour  of  10  :15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  general  discussion  of  the  plan  and  pol¬ 
icy  to  be  followed  in  the  preparation  and  draft  of  the  revised  Constitu¬ 
tion  and  the  fundamental  ideas  which  should  control  and  limit  the 
activities  of  this  Convention. 

At  the  hour  of  6  :06  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Barr  from  the  Committee  of  the  WTiole  reported  that  the  com¬ 
mittee  has  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  6  :07  o’clock  p.  m.,  Mr.  Trautmann  moved  that 
the  Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


133 


WEDNESDAY,  MARCH  31,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  0.  W.  Chessman,  of  the  First  Bap¬ 
tist  church,  of  Ottawa. 

The  Journal  of  Friday,  March  26th,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  order  of  Reports  of  Standing 
Committees. 

Mr.  Clarke  submitted  the  following  report: 

Report  of  Committee. 

Your  committee  to  edit  the  proceedings  of  the  Convention  begs  leave  to 
submit  the  following  report: 

The  committee  recommends  that  a  period  of  ten  days  be  allowed  the 
delegates  for  delivery  to  the  chairman  of  this  committee,  of  corrected  copy 
of  the  printed  proceedings  as  laid  upon  the  desks,  and  recommends  that, 
in  the  event  no  corrections  are  suggested  by  members  within  that  length 
of  time,  it  shall  be  the  duty  of  the  committee  to  complete  the  proof  reading 
under  its  own  supervision. 

And  your  committee  further  recommends  that  the  policy  of  the  con¬ 
vention  be  to  permit  corrections  in  language  only  to  an  extent  which  will 
not  change  the  substance  of  the  statement  as  made  on  the  floor. 

Respectfully  submitted, 

(Signed)  Elam  L.  Clarke, 

Rodney  H.  Brandon, 

John  L.  Dryer. 

Committee. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

By  unanimous  consent,  Mr.  Trautmann  introduced  Proposal  No. 
350,  a  Proposal  to  provide  for  the  apportionment  of  the  State  for  repre¬ 
sentation  in  the  General  Assembly. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Reading  and  Ref¬ 
erence  of  Proposals. 

Proposal  No.  347,  a  Proposal  to  amend  Article  2  by  adding  the  fol¬ 
lowing  section  to  the  Bill  of  Rights. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  348,  a  Proposal  to  amend  section  3  of  Article  II  of 
the  Bill  of  Rights. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 


134  journal  of  the  [Mar.  31, 

Proposal  No.  349,  a  Proposal  to  amend  section  3  of  Article  VIII, 
entitled  Education. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 

Committee  of  the  Whole. 

In  accordance  with  the  special  order  entered  on  Tuesday,  March 
30th,  the  President  called  Mr.  Dove  to  the  chair. 

And  at  the  hour  of  10  :15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  the  various  proposals 
pending  before  the  Committee  on  Initiative,  Referendum  and  Recall. 

At  the  hour  of  10  :56  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Dove  from  the  Committee  of  the  Whole  reported  that  the  com¬ 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

By  unanimous  consent,  Mr.  Beckman  from  the  Committee  on  Mili¬ 
tary  Affairs  submitted  the  following  report : 

Your  Committee  on  Military  Affairs  to  which  was  re-committed  See- 
tio<n\  No.  4  together  with  Amendment  No.  1  of  Proposal  No.  339,  reports  as 
follows: :  Amendment  No.  1  by  unanimous  vote  was  laid  upon  the  table. 
Section  No.  4  of  said  Proposal  No.  339  by  unanimous  vote  is  reported  back 
to  the  Convention  with  the  recommendation  that  it  be  adopted. 

The  Committee  voted  unanimously  to  lay  on  the  table  Amendment  No.  1 
on  the  strength  of  the  opinion  rendered  to  the  Committee  by  the  Attorney 
General  of  Illinois,  the  effect  of  which  is,  that  under  Section  8,  Article  2 
of  the  Constitution  of  1870  “A  member  of  the  Militia  when  in  active  service 
in  time  of  war  or  public  danger  is  exempt  from  arrest  by  Civil  Authority”. 

With  this  construction  as  a  basis,  the  Committee  recommends  the  re¬ 
tention  of  Section  4,  Article  12  of  the  Constitution  of  1870  on  the  theory  as 
explained  by  the  opinion  of  the  Attorney  General,  which  is  attached  to  our 
report — that  said  Section  4  supplements  the  effect  of  Section  8  of  Article  2 
giving  the  Members  of  the  Militia  further  protection  in  going  to  and  coming 
from  muster  except  in  cases  of  treason,  felony  or  breach  of  the  peace. 

The  committee  voted  to  retain  the  word  “muster,”  relying  on  the  same 
opinion  of  the  Attorney  General  in  which  the  word  “muster”  is  defined.  Said 
definition  of  the  Attorney  General  was  adopted  by  the  committee  as  its 
opinion. 

(Signed)  W.  H.  Beckmax, 

Abel  Davis, 

James  Nichols, 

E.  B.  Coolley, 

Wm.  H.  Cruden, 

C.  B.  T.  Moore, 

J.  Mack  Taxxer. 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

By  unanimous  consent,  Mr.  Cruden  from  the  Committee  on  Suffrage 
submitted  the  following  report: 

Your  Committee  on  Suffrage  and  Elections,  to  which  was  referred  Pro¬ 
posals  numbered  9,  20,  28,  34,  53,  88,  164,  190,  193,  198,  204,  205,  262,  291,  299, 


1920.] 


CONSTITUTIONAL  CONVENTION 


135 


and  340,  reports  the  same  back  with  a  substitute  therefor,  being  Proposal 
No.  351,  a  proposal  in  relation  to  Suffrage  and  Elections,  and  recommends 
that  the  original  proposals,  above  enumerated,  be  rejected,  and  that  the 
substitute  Proposal  No.  351,  be  placed  on  the  general  orders. 

(Signed)  Wm.  H.  Cruden, 

John  E.  Traeger, 

S.  W.  McGuire, 

Rollo  Six, 

Geo.  F.  Lohman, 
Andrew  H.  Mills, 

Well  Stewart, 

Thomas  F.  Frole, 
Committee. 

The  report  of  the  committee  was  ordered  printed,  and  to  lie  on  the 
table. 

At  the  honr  of  11 :05  o’clock  p.  m.,  Mr.  Brenholt  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


136 


JOURNAL  OF  THE 


[Apr.  1, 


THURSDAY,  APRIL  1,  1920,  10:00  O’CLOCE!  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  G-.  W.  Chessman,  of  the  First  Bap¬ 
tist  Church,  of  Ottawa. 

The  Journal  of  Tuesday,  March  30,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing  was  ordered  to  stand  approved. 

By  unanimous  consent,  Mr.  Michal  introduced  Proposal  No.  352,  a 
Proposal  relative  to  powers,  rights  and  duties  of  legislative  committees. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

By  unanimous  consent,  Mr.  Carlstrom  introduced  Proposal  No. 
353,  a  Proposal  to  provide  a  new  article  in  the  Constitution  respecting 
cities  and  villages. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 

The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  No.  350,  a  Proposal  to  provide  for  the  apportionment  of 
the  State  for  representation  in  the  General  Assembly. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

'Mr.  Mack,  by  request,  presented  a  petition  from  members  of  the 
Elvaston  community  in  relation  to  the  reading  of  the  Bible  in  the  public 
schools,  which  was  referred  to  the  Committee  on  Bill  of  Rights. 

Mr.  Hamill  moved  that  when  the  Convention  adjourns  today  it 
stand  adjourned  until  Wednesday,  April  7,  1920. 

Mr.  Mills  moved  as  a  substitute  that  when  the  Convention  adjourns 
today  it  stand  adjourned  until  tomorrow. 

And  the  question  being  on  the  substitute  motion,  it  was  decided  in 
the  negative. 

The  question  recurring  on  the  motion  of  Mr.  Hamill,  it  was  decided 
in  the  affirmative. 


Committee  of  the  Whole. 

In  accordance  with  the  special  order  entered  on  Wednesday,  March 
24,  the  President  called  Mr.  Garrett  to  the  chair. 

And  at  the  hour  of  10:30  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  various  Proposals 
pending  before  the  Committee  on  Municipal  Government. 

At  the  hour  of  10 :40  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


137 


Mr.  Garrett,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

At  the  hour  of  10  :42  o’clock  p.  m.,  Mr.  Garrett  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  in  accordance  with  the  motion  heretofore  adopted  the  Conven¬ 
tion  stood  adojurned  until  Wednesday,  April  7,  1920,  at  10 :00 

o’clock  a.  m. 


138 


JOURNAL  OF  THE 


[Apr.  7, 


WEDNESDAY,  APEIL  7,  1920,  10:00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  Walter  Aitken,  of  the  First  Meth¬ 
odist  Episcopal  Church,  of  Urbana. 

The  Journal  of  Wednesday,  March  31st,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  order  of  First  Eeading  and  Def¬ 
erence  of  Proposals. 

Proposal  No.  325,  a  Proposal  relative  to  the  Judiciary. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Judicial  Department. 

Proposal  No.  352,  a  Proposal  relative  to  Powers,  Eights  and  Duties 
of  Legislative  Committees. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Proposal  No.  353,  a  Proposal  to  provide  a  new  article  in  the  Con¬ 
stitution  respecting  cities  and  villages. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Municipal  Government. 

Committee  of  the  Whole. 

In  accordance  with  the  Special  Order  entered  on  Tuesday,  March 
30th,  the  President  called  Mr.  Sneed  to  the  chair. 

And  at  the  hour  of  10:15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  Proposal  No.  232. 

At  the  hour  of  5  :47  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Sneed  from  the  Committee  of  the  Whole  reported  that  the 
committee  had  made  progress*  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

The  Convention  again  proceeding  on  the  order  of  Eeports  of  Stand¬ 
ing  Committees,  Mr.  Lindly  sumbitted  the  following  report : 

Your  Committee  on  Public  Works  and  Improvements  to  which  was  re¬ 
ferred  Proposal  No.  47  reports  the  same  back  with  a  substitute  therefor,  be¬ 
ing  Proposal  No.  354,  a  proposal  entitled  “Canals  and  Waterways,”  and 


1920.] 


CONSTITUTIONAL  CONVENTION. 


139 


recommends  that  the  original  proposal,  above  enumerated,  be  rejected,  and 
that  the  substitute  Proposal  No.  354  be  placed  on  hte  General  Orders. 

(Signed)  Ciceko  J.  Lindley, 

Chas.  H.  Ireland, 

L.  A.  Jarman, 

Walter  H.  Wilson, 
William  M.  Scanlan, 
Lawrence  C.  Johnson, 
Will  Stewart, 

W.  H.  Chew. 

William  Ganschow. 

Committee. 

The  report  of  the  committee  was  ordered  printed,  and  to  lie  on  the 

table. 

Mr.  Trantmann  submitted  the  following  report : 

Your  Committee  on  Executive  Department  to  which  was  referred  Pro¬ 
posal  No.  50  reports  the  same  hack  with  the  recommendation  that  it  be  re¬ 
referred  to  the  Committee  on  Judicial  Department. 

(Signed)  Wm.  E.  Trautmann, 

Frederic  R.  Deyoung, 

Charles  S.  Cutting, 

Frank  S.  Whitman, 

Michael  Iarussi, 

Henry  I.  Green, 

Lawrence  C.  Johnson, 

Rollo  Six, 

G.  W.  Hogan, 

J.  Mack  Tanner, 

G.  Gale  Gilbert, 

Cyrus  E.  Dietz, 

Committee. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

At  the  hour  of  5  :50  o’clock  p.  m.,  Mr.  Trautmann  moved  that  the 
Convention  do  now  take  a  recess  until  8  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

8 :00  o’Clock  P.  M. 

The  hour  of  8  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  Convention  proceeding  on  the  general  orders,  the  President 
called  Mr.  Sneed  to  the  chair. 

And  at  the  hour  of  8  :02  o’clock  p.  m.,  the  Convention  again  went 
into  Committee  of  the  Whole  for  the  further  consideration  of  Proposal 
No.  232. 

At  the  hour  of  11 :55  o’clock  p.  m.  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Sneed  from  the  Committee  of  the  Whole  reported  that  the  Com¬ 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  11:57  o’clock  p.  m.,  Mr.  Green  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


140 


JOURNAL  OF  THE 


[Apr.  8, 


THURSDAY,  APRIL  8,  1920,  10:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Walter  Aitken,  of  the  First  Metho¬ 
dist  Episcopal  Church,  of  Urbana. 

The  Journal  of  Thursday,  April  1st,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

The  Committee  on  Military  Affairs  having  presented  its  amended  report, 
with  the  recommendation  that  its  report  be  adopted,  and  said  report  having 
been  ordered  to  lie  on  the  table  and  be  printed; 

Your  Committee  on  Rules  and  Procedure  recommends  that  said  amended 
report  be  now  taken  from  the  table  and  placed  on  the  general  orders;  and 

That  consideration  of  the  said  report  of  the  Committee  on  Military  Af¬ 
fairs  be  made  special  order  of  business  for  consideration  in  Committee  of 
the  Whole  under  the  general  orders  of  this  day. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
on  Rules  and  Procedure. 

It  was  decided  in  the  affirmative. 

Mr.  Gale  submitted  the  following  report : 

Your  Committee  on  Revenue,  Taxation  and  Finance,  to  which  was  re¬ 
ferred  Proposal  No.  323,  being  a  Proposal  *to  provide  for  the  improvement  of 
roads,  highways  and  bridges,  in  whole  or  part,  by  special  assessment,  intro¬ 
duced  by  Mr.  Dunlap,  reports  said  Proposal  No.  323  back  to  the  Convention 
with  the  recommendation  that  it  be  re-referred  to  the  Committee  on  County 
and  Township  Government. 

(Signed)  Geo.  G.  Gale,  Frank  S.  Whitman, 

Douglas  Sutherland,  Martin  J.  O’Brien, 

Alvin  Warren,  Watts  H.  Johnson, 

Abel  Davis,  Thomas  C.  Kerrick, 

Committee. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

Mr.  Dunlap  submitted  the  following  report : 

Your  Committee  on  Agriculture  reports  a  proposal  to  authorize  legisla¬ 
tion  for  the  conservation  of  forests  and  to  provide  for  the  taxation  of  forest 


1920.] 


CONSTITUTIONAL  CONVENTION. 


141 


lands,  being  Proposal  No.  355,  and  recommends  that  it  be  placed  on  the 
general  orders. 

(Signed)  William  S.  Gray,  Sylvester  J.  Gee, 

Lawrence  C.  Johnson,  J.  Mack  Tanner, 

Wm.  T.  Hollenbeck,  Wm.  H.  Cruden, 

William  Stewart,  H.  M.  Dtjnlap, 

Chas.  V.  Parker,  Guy  L.  Shaw, 

Henry  W.  Meinert,  Frank  S.  Whitman, 

Chas.  H.  Ireland,  Alvin  Warren, 

Committee. 


The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Mr.  Elting  presented  a  petition  from  members  of  the  Methodist 
Church  congregation  in  relation  to  the  reading  of  the  Bible  in  the  public, 
schools,  which  was  referred  to  the  Committee  on  Bill  of  Bights. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 

called  Mr.  Beckman  to  the  chair. 

And  at  the  hour  of  10  :25  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal  No. 

339. 

At  the  hour  of  11 :47  o’clock  a.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Beckman  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposal  No.  339,  reported  the  same  back  together  with 
the  following  amendments  thereto,  to-wit: 

Amend  Proposal  No.  339,  by  adding  at  the  end  of  section  1,  the  words, 
“Provided,  no  person  shall,  because  of  conscientious  scruples  against  bearing 
arms,  be  exempted  from  military  service  in  any  capacity  that  the  Governor 
shall  declare  to  be  noncombatant.” 

And  also  by  striking  out  section  6  thereof. 

And  recommended  that  the  proposal,  as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  in  and  the  Proposal  was 
referred  to  the  Committee  on  Phraseology  and  Style. 

At  the  hour  of  11 :50  o’clock  a.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


142 


JOURNAL  OF  THE 


[Apr.  9, 


FRIDAY,  APRIL  9,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Walter  Aitken,  of  the  First  Metho¬ 
dist  Episcopal  Church,  of  Urbana. 

The  Journal  of  Wednesday,  April  7th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  recommends  as  a  Special  Order 
of  Business  under  General  Orders  of  the  day  on  Wednesday,  April  14,  1920, 
the  further  consideration  in  Committee  of  the  Whole  of  Proposal  No.  232. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
on  Rules  and  Procedure. 

It  was  decided  in  the  affirmative. 

At  the  hour  of  10:15  o’clock  a.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn  until  Wednesday,  April  14,  1920,  at  10  o’clock 
a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


CONSTITUTIONAL  CONVENTION. 


1-13 


1920.] 


WEDNESDAY,  APRIL  14,  1920,  10  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  I.  E.  Lee,  of  the  First  Baptist 
Church,  of  Herrin. 

The  Journal  of  Thursday,  April  8th,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Suffrage  having  made  its  report  to  the  Convention, 
with  a  substitute  proposal,  being  Proposal  No.  351,  and  said  report  under  the 
rules  having  been  ordered  to  lie  on  the  table;  your  Committee  on  Rules  and 
Procedure  recommends  that  the  said  report  of  the  Committee  on  Suffrage 
with  Proposal  No.  351,  submitted  by  said  committee,  be  taken  from  the  table 
and  placed  on  the  general  orders;  and  that  the  consideration  of  said  report 
and  Proposal  No.  351  be  made  a  special  order  of  business  for  consideration 
in  Committee  of  the  Whole  under  general  orders  of  the  day  on  Thursday, 
April  15,  1920. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

At  the  hour  of  10  :10  o’clock  a.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  4 :00  o’clock  p.  m. 

And  the  motion  prevailed. 

4:00  o’Clock  P.  M. 

The  hour  of  4:00  o’clock  p.  m.  having  arrived  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

At  the  hour  of  4 :02  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  take  a  further  recess  until  8  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

8:00  o’Clock  P.  M. 

The  hour  of  8:00  o’clock  p.  m.  having  arrived  the  Convention  again 
resumed  its  session. 

The  President  presiding. 

Committee  of  the  Whole. 

In  accordance  with  the  special  order  entered  on  Friday,  April  9th, 
the  President  called  Mr.  Fyke  to  the  chair. 


144 


JOURNAL  OF  THE 


[Apr.  14, 


And  at  the  hour  of  8  :02  o’clock  p.  m.  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal  No. 
232. 

At  the  hour  of  10  :27  o’clock  p.  m.  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Fyke,  from  the  Committee  of  the  Whole,  reported  that  the  com¬ 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  10  :30  o’clock  p.  m.,  Mr.  Moore  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


145 


THURSDAY,  APRIL  15,  1920,  10:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  I.  E.  Lee  of  the  First  Baptist  Church, 

of  Herrin. 

The  Journal  of  Friday,  April  9th,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

By  unanimous  consent,  Mr.  Traeger  introduced  Proposal  No.  356, 
a  Proposal  to  provide  protection  to  purchasers  or  agents  dealing  in  live 
stock  subject  to  mortgage  in  other  States. 

The  Proposal  was  taken  up,  read  by  title  and  advanced  for  reference. 
Mr.  Mack  presented  two  letters  from  Mr.  C.  E.  Hoffsten,  State 
Chairman  of  the  National  Lutheran  Council,  addressed  to  Hon.  E.  M. 
Rinaker  and  Rev.  Wm.  H.  Nicholas,  respectively,  concerning  the  reading 
of  the  Bible  in  the  public  schools,  which  were  read  at  large  for  the  infor¬ 
mation  of  the  Convention  and  referred  to  the  Committee  on  Bill  of 
Rights. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Cruden  to  the  chair. 

And  at  the  hour  of  10  :15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  Proposal  No.  351. 

At  the  hour  of  12 :33  o’clock  p.  m.  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Cruden,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  O’Brien  offered  the  following  as  a  Memorial  to  the  memory  of 
the  late  Roger  C.  Sullivan  and  moved  its  adoption : 

Memorial. 

This  Convention  learns  with  profound  regret  of  the  death  of  Mr.  Roger 
C.  Sullivan. 

He  was  one  of  the  foremost  citizens  of  Illinois.  He  was  intimately  iden¬ 
tified  with  the  social,  financial,  business  and  political  life  of  the  State.  He 
attained  unusual  success  as  a  leader  in  the  financial  and  business  world  and 
in  social  and  philanthropic  endeavors  his  influence  was  wide  and  beneficent. 

Conspicious  not  alone  in  the  business  and  financial  world  but  as  well 
in  the  political  affairs  of  State  and  nation,  his  leadership  reached  beyond 
faction  or  party. 


—10  C  J 


146 


JOURNAL  OF  THE 


[Apr.  15, 


Mr.  Sullivan’s  wholesome  influence  and  energetic  labors  contributed  in 
large  measure  to  the  calling  of  this  Convention.  He  was  a  patriot  in  all 
that  the  term  implies.  He  devoted  his  time  and  energy  during  the  trying 
days  of  the  great  war  to  the  work  of  the  State  Council  of  Defense  of  which 
he  was  a  member  and  the  Secretary.  Aided  by  his  tact,  skill,  judgment  and 
wisdom,  the  Council  of  Defense  rendered  invaluable  service  to  the  State  and 
nation. 

Financial  leader  and  philanthropic  citizen,  statesman  and  patriot,  he 
leaves  a  record  which  will  not  soon  be  forgotten. 

Mindful  of  his  services  to  the  State,  cherishing  the  memory  of  the  lov¬ 
able  qualities  of  his  character,  we  here  record  our  own  sense  of  loss  and  of 
our  sympathy  with  his  bereaved  family. 

Following  appropriate  remarks  by  Messrs.  Whitman  and  Suther¬ 
land,  the  Memorial  was  unanimously  adopted  by  a  rising  vote. 

After  which,  Mr.  O’Brien  moved  that,  out  of  further  respect  to  the 
memory  of  Mr.  Sullivan  the  Convention  do  now  adjourn. 

The  motion  prevailed. 

And  at  the  hour  of  12 :45  o’clock  p.  m.  the  Convention  stood  ad¬ 
journed. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


147 


FRIDAY,  APRIL  16,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  I.  E.  Lee,  of  the  First  Baptist 
Church,  of  Herrin. 

The  Journal  of  Wednesday,  April  14,  having  been  printed  and, 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  order  of  Reports  of  Standing 
Committees. 

Mr.  O’Brien  submitted  the  following  report: 

Your  Committee  on  Miscellaneous  Subjects,  to  which  was  referred  Pro¬ 
posals  numbered  3  and  220,  reports  the  same  back  with  a  substitute  therefor, 
being  Proposal  No.  357,  a  proposal  relative  to  the  boundaries  of  the  State 
of  Illinois. 

And  recommends  that  the  original  Proposals,  above  enumerated,  be 
rejected,  and  that  the  substitute  Proposal  No.  357,  be  placed  on  the  General 
Orders. 

(Signed)  Martin  J.  O’Brien, 

Wm.  T.  Hollenbeck, 

Watts  A.  Johnson, 

Herbert  P.  Lill, 

Geo.  F.  Lohman, 

James  H.  Paddock, 

E.  B.  Coolley, 

S.  E.  Pincus, 

Rodney  H.  Brandon, 

Committee . 

The  report  of  the  committee  was  ordered  printed,  and  to  lie  on  the 

table. 

Mr.  O’Brien  submitted  the  further  report : 

Your  Committee  on  Miscellaneous  Subjects,  to  which  was  referred  Pro¬ 
posal  No.  5,  reports  the  same  back  with  a  substitute  therefor,  being  Proposal 
No.  358,  a  Proposal  to  provide  for  the  separation  of  the  government  into 
three  departments. 

And  recommends  that  the  original  Proposal,  above  enumerated,  be  re¬ 
jected,  and  that  the  substitute  Proposal  No.  358,  be  placed  on  the  General 

Orders. 

(Signed)  Martin  J.  O’Brien, 

Geo.  F.  Lohman, 

James  H.  Paddock, 

Herbert  F.  Bill, 

Wm.  T.  Hollenbeck, 

Watts  A.  Johnson, 

E.  B.  Coolley, 

S.  E.  Pincus, 

Rodney  PI.  Brandon, 

Committee. 


148  JOURNAL  OF  THE  [Apr.  16, 

Tlie  report  of  the  committee  was  ordered  printed,  and  to  lie  on  the 
table. 

The  Convention  proceeding  on  the  order  of  First  Reading  and 
Reference  of  Proposals. 

Proposal  No.  356,  a  Proposal  to  provide  protection  to  purchasers  or 
agents  dealing  in  live  stock  subject  to  mortgage  in  other  states. 

Was  taken  up,  read  at  large  a  first  time,  ordered  printed  and  re¬ 
ferred  to  the  Committee  on  Legislative  Department. 

Mr.  Hamill  moved  that  the  Convention  do  now  adjourn  until  Tues¬ 
day,  April  20,  1920. 

Mr.  Whitman  moved  to  amend  the  motion,  of  Mr.  Hamill,  by 
striking  out  the  words  and  figures,  Tuesda}-,  April  20.  and  substituting 
in  lieu  thereof  the  words  and  figures,  Wednesday,  April  21.  ; 

Mr.  Dunlap  raised  the  point  of  order  that  a  motion  to  amend  a 
motion  to  adjourn  is  out  of  order. 

The  President  ruled  that  the  point  of  order  was  not  well  taken  for 
the  reason  that  a  motion  to  amend  a  motion  to  adjourn  to  a  fixed  time 
is  in  order. 

Mr.  Hamill  accepted  the  amendment  of  Mr.  Whitman. 

Whereupon  Mr.  Dunlap  moved  as  a  substitute  motion  that  when 
the  Convention  adjourns  todav  it  stand  adjourned  until  Tuesday,  April 
20,  1920. 

And  the  question  being  on  the  adoption  of  the  substitute,  it  was 
decided  in  the  negative. 

The  question  recurring  on  the  motion  of  Mr.  Hamill,  as  amended, 
it  was  decided  in  the  affirmative. 

And  at  the  hour  of  10 :15  o’clock  a.  m.,  the  Convention  stood 
adjourned  until  Wednesday,  April  21,  1920,  at  10  :00  o’clock  a.  m. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


149 


WEDNESDAY,  APRIL  21,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  William  E.  Barton,  of  the  Eirst  Con¬ 
gregational  Church,  of  Oak  Park. 

The  Journal  of  Thursday,  April  15th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Cruden  to  the  chair. 

And  at  the  hour  of  10  :10  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal  No. 

351. 

At  the  hour  of  1 :02  o’clock  p.  m.  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Cruden,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

The  Convention  again  proceeding  on  the  Order  of  Reports  of  Stand¬ 
ing  Committees,  Mr.  Brandon  submitted  the  following  report: 

Your  Committee  on  Education  to  which  was  referred.  Proposals  num¬ 
bered  10,  24,  27,  35,  61,  99,  130,  131,  139,  182,  200,  214,  231,  235,  238,  255,  258, 
271,  334,  337  reports  the  same  back  with  a  substitute  therefor,  being  Pro¬ 
posal  No.  359,  a  proposal  to  amend  Article  VIII  of  the  Constitution  of  1870, 
and  recommends  that  the  original  proposals,  above  enumerated,  be  rejected, 
and  that  the  substitute  Proposal  No.  359  be  placed  on  the  General  Orders. 

(Signed)  Rodney  H.  Brandon, 

Edward  J.  Corcoran, 

W.  H.  Bechman, 

Michael  Iarussi, 

Michael  Rosenberg, 

George  A.  Barr, 

Wm.  S.  Gray, 

ET.  M.  Dunlap,  except  as  to  Sec.  4. 

Committee. 

The  report  of  the  committee  was  ordered  printed,  and  to  lie  on  the 

table. 


150 


JOURNAL  OF  THE 


[Apr.  21, 


Mr.  Dunlap  submitted  the  following  minority  report: 

Committee  on  Education  Minority  Report. 

This  minority  report  concurs  in  the  report  of  the  Committee  on  Educa¬ 
tion  except  as  to  section  4  thereof  and  recommends  that  said  section  4  be 
rejected,  and  that  the  minority  report,  being  Proposal  No.  360,  be  substituted 
therefor. 

H.  M.  Dunlap. 

The  minority  report  of  the  committee  was  ordered  printed  and  to 
lie  on  the  table. 

At  the  hour  of  1 :05  o’clock  p.  m.,  Mr.  DeYoung  moved  that  the 
Convention  do  now  take  a  recess  until  8  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

8:00  o'Clook  P.  M. 

The  hour  of  8  :00  o’clock  p.  m.  having  arrived  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

Mr.  DeYoung  moved  that  the  Convention  do  now  resolve  itself  into 
Committee  of  the  Whole. 

And  the  motion  prevailed. 

Committee  of  the  Whole;. 

The  President  thereupon  called  Mr.  DeYoung  to  the  chair. 

And  at  the  hour  of  8  :02  o’clock  p.  m.  the  Convention  went  into 
Committee  of  the  Whole  for  the  purpose  of  further  considering  the  vari¬ 
ous  Proposals  relating  to  or  affecting  the  organization  of  the  Judicial 
Department. 

At  the  hour  of  11:12  o’clock  p.  m.  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  DeYoung,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  11 :15  o’clock  p.  m.,  Mr.  DeYoung  moved  that 
the  Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


151 


THURSDAY,  APRIL  22,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  William  EL  Barton,  of  the  First  Con¬ 
gregational  Church,  of  Oak  Park. 

The  Journal  of  Friday,  April  16th,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow-- 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

The  following  committees  having  made  reports  with  committee  propo¬ 
sals  recommended  by  'said  committees,  respectively: 

Committee  on  Public  Works  and  Improvements  recommending  Proposal 
No.  354. 

Committee  on  Miscellaneous  Subjects  recommending  Proposal  No.  357. 

Committee  on  Miscellaneous  Subjects  recommending  Proposal  No.  358. 

Committee  on  Education  presenting  majority  and  minority  reports  with 
Proposals  numbered  359  and  360,  respectively. 

And  said  reports  and  proposals  having  been,  pursuant  to  the  rules,  or¬ 
dered  to  lie  upon  the  table  and  be  printed. 

Your  Committee  on  Rules  and  Procedure  recommends  that  the  said 
committee  reports  and  proposals  be  taken  from  the  table  and  placed  on  the 
General  Orders  for  consideration  in  the  Committee  of  the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Cruden  to  the  chair. 

And  at  the  hour  of  10:15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  iurther  consideration  of  Proposal  No. 

351. 

At  the  hour  of  12  :45  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Cruden,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  Davis  moved  that  it  be  the  sense  of  the  Convention  that  Tues¬ 
day,  Wednesday,  Thursday  and  Friday  of  each  week,  from  now  on,  be 
designated  as  the  regular  working  days. 

And  the  motion  prevailed. 


152 


JOURNAL  OF  THE 


[Apr.  22/ 


Mr.  Davis  moved  that  the  Committee  on  Rules  and  Procedure  be  re¬ 
quested  to  present  such  suggestions  as  may  be  determined  upon,  regard¬ 
ing  the  correlation  of  committee  meetings  in  conjunction  with  the  ses¬ 
sions  of  the  Convention. 

And  the  motion  prevailed. 

At  the  hour  of  1 :00  o’clock  p.  m.,  Mr.  Corcoran  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


153 


FRIDAY,  APRIL  23,  1920,  10:00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  William  E.  Barton,  of  the  First 
Congregational  Church,  of  Oak  Park. 

The  Journal  of  Wednesday,  April  21,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  Mr.  Lohman 
moved  that  the  Convention  do  now  resolve  itself  into  the  Committee  of 
the  Whole  for  the  consideration  of  Proposal  Ko.  354. 

Upon  the  request  of  Mr.  Lindly,  chairman  of  the  Committee  on 
Public  Works  and  Improvements,  the  President  called  Mr.  Wilson  to  the 
chair. 

And  at  the  hour  of  10  :10  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole. 

At  the  hour  of  10 :42  o’clock  a.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Wilson,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  10  :45  o’clock  a.  m.,  Mr.  Green  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  April  27,  1920,  at  10 :00 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1 54: 


JOURNAL  OF  THE 


[Apr.  27, 


TUESDAY,  APEIL  27,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  E.  G.  Sandmeyer,  of  the  First 
Methodist  Episcopal  Church,  of  Charleston. 

The  J ournal  of  Thursday,  April  22,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  fol¬ 
lowing  report  from  the  Committee  on  Eules  and  Procedure,  to-wit : 

Committee  Report. 

The  Committee  on  Rules  and  Procedure  reports  that  pursuant  to  the 
motion  adopted  at  the  session  on  April  22,  1920,  requesting  the  Committee 
on  Rules  and  Procedure  to  present  such  suggestions  as  may  be  determined 
upon  regarding  the  co-relation  of  committee  meetings,  the  Committee  on 
Rules  and  Procedure  is  of  opinion  that  it  is  neither  feasible  nor  wise 
for  the  Convention  to  undertake  to  fix  times  of  committee  meetings.  How¬ 
ever,  the  Committee  on  Rules  and  Procedure  has  made  an  examination  of 
the  personnel  of  the  respective  committees  with  a  view  to  suggesting  a 
schedule  of  committee  meetings  which  will  avoid  conflicts  so  far  as  may  be. 
The  Committee  on  Rules  and  Procedure  now  recommends  to  the  chairmen 
of  the  following  committees  that  so  far  as  practicable  they  call  their  com¬ 
mittee  meetings  in  accordance  with  schedule  given,  for  the  week  of  April 
27,  1920: 


Tuesday : 

Judicial  . 2:00  p.  m. 

County  and  Township . 2:00  p.  m. 

Industrial  Affairs  . 2:00  p.  m. 

Distinction  . 2:00  p.  m. 

Legislative  . 4:00  p.  m. 

Municipal  . 4:00  p.  m. 

Corporations  . 7:30  p.  m. 

Future  Amendment  . 7:30  p.  m. 

Chicago  and  Cook  County . 7:30  p.  m. 

Wednesday  : 

Executive  . 2:00  p.  m. 

Miscellaneous  Subjects  . 2:00  p.  m. 

Revenue  . 4:00  p.  m. 

Distinction  . 4:00  p.  m. 

Bill  of  Rights . 7:30  p.  m. 

I.  and  R . 7:30  p.  m. 

Agriculture  . 7:30  p.  m. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


155 


Thursday: 

Judicial  . 

Revenue  . 

County  and  Township. 

Chicago  . 

Future  Amendment  . . 
Miscellaneous  Subjects 

Agriculture  . 

Legislative  . 

Distinction  . 

Executive  . 

Municipal  . . . . . 


2:00 

P. 

m. 

2:00 

P- 

m. 

2:00 

P. 

m. 

4:00 

P- 

m. 

4:00 

P. 

m. 

4:00 

P- 

m. 

4:00 

P- 

m. 

7:30 

P- 

m. 

7:30 

P. 

m. 

7:30 

P. 

m. 

7:30 

P- 

m. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 
It  was  decided  in  the  affirmative. 


Mr.  Paddock  presented  a  petition  from  citizens  of  Loami  Township 
relating  to  the  classification  of  property  under  the  new  Constitution, 
which  was  referred  to  the  Committee  on  Revenue,  Taxation  and  Finance. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Cruden  to  the  chair. 

And  at  the  hour  of  10  :10  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal 

No.  351. 

At  the  hour  of  12 :32  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Cruden,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  had  under  consideration  section  8  of  Proposal  No.  351, 
and  recommended  that  said  section  8,  together  with  the  pending  Amend¬ 
ment  No.  13  and  the  substitute  therefor,  be  recommitted  to  the  Com¬ 
mittee  on  Suffrage  and  that  the  Committee  of  the  Whole  be  granted 
leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in  and  it  was  so  ordered. 
At  the  hour  of  12  :35  o’clock  p.  m.,  Mr.  Corcoran  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


156 


JOURNAL  OF  THE 


[Apr.  28, 


WEDNESDAY,  APRIL  28,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  E.  G.  Sandmeyer,  of  the  First 
Methodist  Episcopal  Church,  of  Charleston. 

The  Journal  of  Friday,  April  23,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  fol¬ 
lowing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  in  furtherance  of  the  action 
of  this  Convention  diligently  to  pursue  the  consideration  of  committee  re¬ 
ports  in  Committee  of  the  Whole,  recommends  that  the  report  of  the  Com¬ 
mittee  on  Education  be  considered  immediately  upon  the  conclusion  of  the 
debate  on  the  pending  report  of  the  Committee  on  Public  Works  and  Im¬ 
provements,  and  that  the  sessions  of  the  Convention  on  Thursday  and 
Friday  of  this  week  be  devoted  to  that  work. 

The  question  being  on  the  adoption  of  the  .  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Wilson  to  the  chair. 

And  at  the  hour  of  10  :10  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal 
No.  354. 

At  the  hour  of  12  :57  p.  m.,  the  Convention  resumed  its  session. 

The  President  presiding. 

Mr.  Wilson,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  1 :00  o’clock  p.  m.,  Mr.  Green  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


157 


THURSDAY,  APRIL  29,  1920,  10:00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  E.  G.  Sandmeyer,  of  the  First 
Methodist  Episcopal  Church,  of  Charleston. 

The  Journal  of  Tuesday,  April  27,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  order  of  Reports  of  Standing 
Committees. 

Mr.  Dunlap  submitted  the  following  report: 

To  the  Honorable,  the  Delegates  of  the  Constitutional  Convention: 

Your  Committee  on  Agriculture  having  given  due  consideration  to  the 
problem  of  land  credits  in  the  State  of  Illinois,  reports  a  proposal,,  being 
Proposal  No.  361,  a  proposal  in  relation  to  land  credits,  and  recommends 
that  said  Proposal  No.  361  be  placed  on  the  General  Orders. 

H.  M.  Dunlap, 

Wm.  S.  Gray, 

Lawkence  C.  Johnson, 

Guy  L.  Shaw, 

J.  Mack  Tanner, 

Sylvester  J.  Gee, 

Chas.  Y.  Parker, 

Alvin  Warren, 

William  Stewart, 

F.  R.  Dove, 

Wm.  H.  Cruden, 

H.  W.  Meinert, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Mr.  Brandon,  from  the  Committee  on  Education,  presented  a  state¬ 
ment  to  accompany  the  committee  report  heretofore  made  on  April  21, 
which  was  received  and  ordered  incorporated  in  the  Convention  debates. 

Mr.  Moore  presented  a  petition  from  citizens  of  Hartsburg,  relating 
to  the  reading  of  the  Bible  in  the  public  schools,  which  was  referred  to 
the  Committee  on  Bill  of  Rights. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Wilson  to  the  chair. 


158 


JOURNAL  OF  THE 


[Apr.  29, 


And  at  the  hour  of  10  :20  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal 
No.  354. 

At  the  hour  of  1 :02  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Wilson,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  1 :05  o’clock  p.  m.,  Mr.  Trautmann  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


159 


FRIDAY,  APRIL  30,  1920,  10:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  E.  G.  Sandmeyer,  of  the  First 
Methodist  Episcopal  Church,  of  Charleston. 

The  Journal  of  Wednesday,  April  28,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  order  of  Reports  of  Standing 
Committees. 

Mr.  Dietz  submitted  the  following  report: 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects  to  which  were  referred  Proposal  number  fifteen  (15)  entitled,  “A 
Proposal  to  retain  in  the  new  Constitution  the  article  on  warehouses  in  the 
present  Constitution,”  and  Proposal  number  one  hundred  sixty-six  (166) 
entitled,  “A  Proposal  to  repeal  Article  XIII  of  the  Constitution  of  1870,” 
reports  that  it  is  the  opinion  of  the  members  of  the  committee  that  the  said 
Proposals  relate  to  a  constitutional  subject. 

Therefore,  in  as  much  as  your  committee  is  without  authority  to  con¬ 
sider  these  Proposals  upon  their  merits,  the  committee  recommends  that  the 
said  Proposals  be  referred  to  the  proper  committee  for  consideration  upon 
the  merits. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Willard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  twenty-three  (23)  entitled, 
“A  Proposal  to  Declare  Certain  Acts  by  Public  Officers,  sedition,”  reports  that 
it  is  the  opinion  of  the  members  of  the  committee  that  the  said  Proposal  is 
a  constitutional  subject. 

Therefore,  as  your  committee  is  without  authority  to  consider  said  Pro¬ 
posal,  upon  its  merits,  the  committee  recommends  that  said  Proposal  be  re¬ 
ferred  to  the  proper  committee,  for  consideration  of  said  Proposal  upon  its 

merits. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Willard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 


160  JOURNAL  OF  THE  [Apr.  30, 

Tlie  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  two  hundred  and  eleven 
(211)  entitled,  “A  Proposal  to  Provide  Employment  Control  and  for  the 
Classification  of  Certain  Positions  in  the  Public  Service,”  reports  that  it  is 
the  opinion  of  the  members  of  the  committee  that  the  said  Proposal  is  a  con¬ 
stitutional  subject. 

Therefore,  as  your  committee  is  without  authority  to  consider  said  Pro¬ 
posal,  upon  its  merits,  the  committee  recommends  that  said  Proposal  be  re¬ 
ferred  to  the  proper  committee,  for  consideration  of  said  Proposal  upon  its 
merits. 

Respectfully  submitted,  (Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Willard  M.  McEwten, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  Proposal  No.  282  entitled,  “A  Proposal  to  Provide  for  the 
Removal  of  Snow  and  Ice  from  Sidewalks”  wras  referred,  reports  that  upon 
consideration  of  the  Proposal  and  the  authorities,  which  control  the  question 
involved,  it  is  the  opinion  of  the  members  of  the  committee  that  the  Proposal 
is  a  constitutional  subject. 

Therefore,  as  your  committee  is  without  authority  to  consider  the  Pro¬ 
posal,  upon  its  merits,  the  committee  recommends  that  the  Proposal  be  re¬ 
ferred  to  the  proper  committee  for  consideration  of  the  Proposal  upon  its 
merits. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Willard  M.  McEwen, 

John  L.  Dryer, 

E.  H.  Brewster, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  two  hundred  and  eighty- 
four  (284)  entitled,  “A  Proposal  for  the  Issuance  of  Bonds  by  the  State  or 
Municipalities  to  Encourage  the  Building  of  Homes  and  Buying  of  Lands 
by  Citizens  of  the  State,”  reports  that  it  is  the  opinion  of  the  members  of 
the  committee  that  the  said  Proposal  is  a  constitutional  subject. 

Therefore,  as  your  committee  is  without  authority  to  consider  said  Pro¬ 
posal,  upon  its  merits,  the  committee  recommends  that  said  Proposal  be  re¬ 
ferred  to  the  proper  committee  for  consideration  of  said  Proposal  upon  its 
merits. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Willard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


161 


The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  seventy-three  (73)  enti¬ 
tled,  “A  Proposal  Defining  Intoxicating  Liquors  and  Beverages,”  reports  that 
it  is  the  opinion  of  the  members  of  the  committee  that  said  Proposal  is  a 
legislative  and  not  a  constitutional  subject. 

Therefore,  your  committee  recommends  that  the  said  Proposal  do  not 
become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Wellard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  seventy-four  (74)  entitled, 
“A  Proposal  Granting  Power  and  Authority  to  Municipalities  to  License  and 
Regulate  Boxing  Contests,”  reports  that  it  is  the  opinion  of  the  members  of 
the  committee  that  said  Proposal  is  a  legislative  and  not  a  constitutional 
subject. 

Therefore,  your  committee  recommends  that  the  said  Proposal  do  not 
become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Wellard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  seventy-five  (75)  entitled, 
“Prohibiting  Professional  Wrestling  Exhibitions,”  reports  that  it  is  the  opin¬ 
ion  of  the  members  of  the  committee  that  said  Proposal  is  a  legislative  and 
not  a  constitutional  subject. 

Therefore,  your  committee  recommends  that  the  said  Proposal  do  not 
become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Wellard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett. 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  seventy-seven  (77)  entitled, 
“For  the  Manufacture,  Sale  and  Distribution  of  Beers,”  reports  that  it  is  the 

—11  C  J 


JOURNAL  OF  THE 


162 


[Apr.  30, 


opinion  of  the  members  of  the  committee  that  said  Proposal  is  a  legislative 
and  not  a  constitutional  subject. 

Therefore,  your  committee  recommends  that  the  said  Proposal  do  not 
become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  ninety-eight  (98)  entitled, 
“In  Relation  to  Athletic  Exhibitions,”  reports  that  it  is  the  opinion  of  the 
members  of  the  committee  that  said  Proposal  is  a  legislative  and  not  a  con¬ 
stitutional  subject. 

Therefore,  your  committee  recommends  that  the  said  Proposal  do  not 
become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Willard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  one  hundred  and  forty- 
eight  (148)  entitled,  “To  Prevent  Monopolies,”  reports  that  it  is  the  opinion 
of  the  members  of  the  committee  that  said  Proposal  is  a  legislative  and  not 
a  constitutional  subject. 

Therefore,  your  committee  recommends  that  the  said  Proposal  do  not 
become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Wellard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the  j 
table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  one  hundred  and  fifty- 
seven  (157)  entitled,  “Relative  to  the  Charters  of  Benevolent  and  Fraternal 
Organizations,  including  those  heretofore  organized  and  those  to  be  organ¬ 
ized  in  the  future,”  reports  that  it  is  the  opinion  of  the  members  of  the  com¬ 
mittee  that  said  Proposal  is  a  legislative  and  not  a  constitutional  subject. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


163 


Therefore,  your  committee  recommends  that  the  said  Proposal  do  not 
become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Wellard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  one  hundred  and  eighty-six 
(186)  entitled,  “A  Proposal  to  embody  in  the  article  of  the  new  Constitution 
in  relation  to  taxation  the  following  provision  imposing  the  duty  on  the  own¬ 
ers  of  property  to  list  the  same  for  taxation  and  providing  remedies  for  fail¬ 
ure  to  do  so,”  reports  that  it  is  the  opinion  of  the  members  of  the  committee 
that  said  Proposal  is  a  legislative  and  not  a  constitutional  subject. 

Therefore  your  committee  recommends  that  the  said  Proposal  do  not 
become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Willard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  two  hundred  and  two  (202) 
entitled,  “A  Proposal  for  the  manufacture,  distribution,  transportation  or 
sale  of  beverage,”  reports  that  it  is  the  opinion  of  the  members  of  the  com¬ 
mittee  that  said  proposal  is  a  legislative  and  not  a  constitutional  subject. 

Therefore,  your  committee  recommends  that  the  said  Proposal  do  not 
become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Willard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  two  hundred  and  twenty- 
four  (224)  entitled,  “A  Proposal  to  prohibit  options  in  purchase  and  sale  of 
commodities  and  dealing  in  stocks  by  margins,  or  in  lottery,”  reports  that 
it  is  the  opinion  of  the  members  of  the  committee  that  said  Proposal  is  a 
legislative  and  not  a  constitutional  subject. 


164  JOURNAL  OF  THE  [Apr.  30, 

Therefore,  your  committee  recommends  that  the  said  Proposal  do  not 
become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Willard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  number  two  hundred  and  eighty- 
eight  (288)  entitled,  “A  Proposal  to  prohibit  persons  or  corporations  from 
entering  into  agreement  to  fix  or  establish  the  purchasing  price  or  selling 
price  of  food  commodities,”  reports  that  it  is  the  opinion  of  the  members  of 
the  committee  that  said  Proposal  is  a  legislative  and  not  a  constitutional 
subject. 

Therefore,  your  committee  recommends  that  the  said  Proposal  do  not 
become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

D.  E.  Mack, 

Willard  M.  McEwen, 

E.  H.  Brewster, 

John  L.  Dryer, 

Edward  M.  Corlett, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Mr.  Wolff  submitted  the  following  report: 

The  Committee  on  Qualifications  and  Election  of  Delegates,  to  whom 
was  referred  the  matter  of  the  complaint  of  Robert  Emmet  Burke  concerning 
the  election  held  in  the  31st  Senatorial  District,  would  respectfully  report 
that  they  convened  and  that  due  notice  was  sent  to  Mr.  William  H.  Beck¬ 
man  and  Mr.  Eugene  H'.  Dupee,  delegates  heretofore  seated  as  delegates  of 
this  Convention  upon  their  taking  the  oath  of  office  as  such  delegates,  and 
to  Mr.  Robert  Emmet  Burke,  of  a  hearing  before  the  committee,  to  be  held 
on  March  3,  1920,  at  2  p.  m.,  in  the  committee  room  of  this  committee  in  the 
Capitol  Building,  city  of  Springfield,  on  the  said  complaint;  that  the  com¬ 
plainant,  Robert  Emmet  Burke  did  not  attend  upon  such  notice;  that  a  hear¬ 
ing  was  had  wherein  it  appeared  that  on  the  holding  of  the  said  election  the 
candidates  received  the  votes,  respectively,  following: 


William  H.  Beckman .  9,141 

Eugene  H.  Dupee .  8,576 

Donald  L.  Merrill .  4,654 

James  F.  Burns .  4,487 

Robert  Norburg  . 1,350 

Robert  E.  Burke .  2,452 

John  Vogel  .  1,404 


and  that  Certificates  of  Election  were  duly  issued  to  William  H.  Beckman 
and  Eugene  H.  Dupee,  respectively,  and  that  Commissions  signed  by  the  Gov¬ 
ernor  under  the  great  seal  of  State  were  likewise  afterwards  issued  to  them, 
and  that  they  appeared  before  the  Convention  and  took  the  oath  of  office 
and  were  duly  enrolled;  that  no  evidence  was  adduced  before  the  committee 
of  any  irregularity,  fraud  or  error  in  the  holding  of  said  election,  and  they, 
therefore,  report  that  the  said  complaint  has  no  foundation,  and  that  the 
same  should  stand  dismissed,  and  the  action  of  the  Convention  heretofore  in 


1920.] 


CONSTITUTIONAL  CONVENTION. 


165 


seating  said  William  H.  Beckman  and  Eugene  H'.  Dupee  should  be  final  and 
undisturbed. 

Respectfully  submitted, 

(Signed)  Oscar  Wolff, 

Joseph  W.  Fifer, 

Michael  Rosenberg, 

Willard  M.  McEwen, 

George  C.  Gale, 

Guy  L.  Shaw, 

Committee. 

And  the  question  being  on  the  adoption  of  the  report  of  the 
committee. 

It  was  decided  in  the  affirmative  by  a  unanimous  vote. 

The  Convention  having  reached  the  General  Orders,  Mr.  Lindly 
raised  the  point  of  no  quorum  and  thereupon  a  call  of  the  Convention 
was  had  resulting  as  follows:  Present,  48. 

Answering  present :  Messrs. 


Barr 

Dawes 

Goodyear 

Lindly 

Smith 

Brenholt 

Dietz 

Green 

Mills 

Sutherland 

Brewster 

Dove 

Hamill 

Morris 

Taff 

Carlstrom 

Dunlap 

Hull 

Nichols 

Torrance 

Chew 

Elting 

Ireland 

Rinaker 

Wall 

Clarke 

Fifer 

Johnson,  L.  C. 

Scanlan 

Whitman 

Coolley 

Fvke 

Johnson,  W.  A. 

Shanahan 

Wilson 

Corcoran 

Gale 

Kerrick 

Shaw 

Wolff 

Corlett 

Garrett 

Latchford 

Shuey 

Mr.  President 

Davis 

Gilbert 

Lill 

Present — 48. 

The  President  announced  that  the  roll  showed  less  than  a  quorum 

present. 

Whereupon  Mr.  Shanahan  moved  that  the  Convention  do  now 
adjourn  until  Tuesday,  May  4,  1920. 

The  motion  prevailed. 

And  at  the  hour  of  10 :15  o’clock  a.  m.,  the  Convention  stood 
adjourned. 


166 


JOURNAL  OF  THE 


[May  4> 


TUESDAY,  MAY  4,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  E.  C.  Lumsden,  of  the  First  Metho¬ 
dist  Episcopal  Church,  of  Dixon. 

The  Journal  of  Thursday,  April  29,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Wilson  to  the  chair. 

And  at  the  hour  of  10  :20  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal  No. 
354. 

At  the  hour  of  12 :32  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Wilson,  from  the  Committee  of  the  Whole,  reported  that  the 
Committee  had  had  under  consideration  Proposal  No.  354  and  recom¬ 
mended  that  said  Proposal,  as  amended  in  Committee  of  the  Whole, 
together  with  the  substitute  therefor,  offered  by  Mr.  Corlett,  and  the 
entire  subject  matter  therein  referred  to  be  recommitted  to  the  Com¬ 
mittee  on  Public  Works  and  Improvements. 

The  report  of  the  Committee  was  concurred  in. 

And  it  was  so  ordered. 

At  the  hour  of  12 :35  o’clock  p.  m.,  Mr.  Green  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


167 


WEDNESDAY,  MAY  5,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  E.  C.  Lumsden,  of  the  First  Metho¬ 
dist  Episcopal  Church,  of  Dixon. 

The  Journal  of  Friday,  April  30th,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  recommends  that 
the  Convention  shall  at  12:30  o’clock  p.  m.,  today,  recess  until  4:00  o’clock 
p.  m.,  and  that  on  Thursday,  May  6th,  the  Convention  shall  meet  at  the  hour 
of  9:00  o’clock  a.  m.,  and  again  at  the  hour  of  4:00  o’clock  p.  m. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  reports  as  a  Special 
Order  for  Thursday  morning,  May  6th,  the  consideration  in  Committee  of  the 
Whole  of  the  reports  of  the  Committee  on  Distinction  Between  Constitutional 
and  Legislative  Subjects,  shown  in  the  Journal  of  April  30th. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

Mr.  Latchford  called  the  attention  of  the  Convention  to  the  death 
of  the  mother  of  Delegate  O’Brien  and  asked  that  he  be  excused  from 
attendance  at  the  Convention  for  the  remainder  of  the  week. 

And  the  request  was  granted. 

Mr.  Revel-1  moved  that  the  Convention  request  its  President  to  com¬ 
municate  to  Delegate  O’Brien  its  deep  sympathy  in  his  bereavement. 

And  the  motion  was  unanimously  adopted. 

Mr.  Carlstrom  presented  a  petition  from  citizens  of  Viola,  Illinois, 
relating  to  the  reading  of  the  Bible  in  the  Public  Schools,  which  was 
referred  to  the  Committee  on  Bill  of  Rights. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Brandon  to  the  chair. 


168 


JOURNAL  OP  THE 


[May  5, 


And  at  the  hour  of  10:15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  purpose  of  considering  the  majority 
and  minority  reports  of  the  Committee  on  Education,  being  Proposals- 
numbered  359  and  360. 

At  the  hour  of  12  :42  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Corcoran,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  12  :45  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  4 :00  o’clock  p.  m. 

And  the  motion  prevailed. 

4:00  o’Clock  P.  M. 

The  hour  of  4:00  o’clock  p.  m.  having  arrived  the  Convention  re¬ 
sinned  its  session. 

The  President  presiding. 

General  Orders. 

The  Convention  again  proceeding  on  the  General  Orders  the  Presi¬ 
dent  called  Mr.  Brandon  to  the  chair. 

And  at  the  hour  of  4:05  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  majority 
and  minority  reports  of  the  Committee  on  Education. 

At  the  hour  of  6  :22  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Brandon,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  Davis  moved  that  further  consideration  of  Proposals  numbered 
359  and  360  be  made  a  Special  Order  in  Committee  of  the  Whole  for 
tomorrow  ahead  of  the  other  Special  Orders  set  for  that  date. 

And  the  motion  prevailed. 

At  the  hour  of  6  :25  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION 


169 


THURSDAY,  MAY  6,  1920,  9  :00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  E.  C.  Lumsden,  of  the  First  Metho¬ 
dist  Episcopal  Church,  of  Dixon. 

The  Journal  of  Tuesday,  May  4,  having  been  printed  and  placed  on 
the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up  and 
no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr.  Rosenberg  offered  the  following  resolution  and  moved  its 

adoption : 

Resolution  No.  27. 

Whereas,  On  the  4th  day  of  May,  1920,  Almighty  God  in  His  infinite 
wisdom  summoned  to  her  final  reward,  after  a  lifetime  filled  with  devotion 
to  her  family  and  kindness  to  all,  Mrs.  Bridgett  O’Brien,  beloved  mother 

of  Delegate  Martin  J.  O’Brien  of  the  nineteenth  senatorial  district-  there¬ 
fore  be  it. 

Resolved,  That  we,  the  Delegates  to  the  Constitutional  Convention  ex¬ 
tend  our  heartfelt  sympathy  to  our  fellow  member  in  his  bereavement- 
and,  be  it  further 

*  Res°lved’  That  this  preamble  and  resolution  be  spread  on  the  records 
of  the  Convention  and  that  a  suitably  engrossed  copy  of  the  same  be  nre- 
sented  to  Hon.  Martin  J.  O’Brien. 

The  resolution  was  unanimously  adopted  by  a  rising  vote. 

Mr.  Green  moved  that  when  the  Convention  adjourns  today  it  stand 
adjourned  until  Tuesday,  May  11,  1920,  at  10  :00  o’clock  a.  m. 

And  the  motion  prevailed. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Brandon  to  the  chair. 

And  at  the  hour  of  10 :20  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  majority 
and  minority  reports  of  the  Committee  on  Education. 

At  the  hour  of  1:07  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr  Brandon,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in 
At  the  hour  of  1 :10  o'clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  4 :00  o'clock  p.  m. 

And  the  motion  prevailed. 


170 


JOURNAL  OF  THE 


[May  6, 


4:00  o'Clock  P.  M. 

The  hour  of  4:00  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

General  Orders. 

The  Convention  again  proceeding  on  the  General  Orders,  the  Presi¬ 
dent  called  Mr.  Brandon  to  the  chair. 

And  at  the  hour  of  4:02  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  majority 
and  minority  reports  of  the  Committee  on  Education. 

At  the  hour  of  6 :57  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Brandon,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  Gale  moved  that  the  Convention  do  now  take  a  recess  until 
8  :00  o’clock  p.  m. 

And  the  motion  was  lost. 

At  the  hour  of  7  :00  o’clock  p.  m.,  Mr.  Brenliolt  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  in  accordance  with  the  motion  heretofore  adopted,  the  Conven¬ 
tion  stood  adjourned  until  Tuesday,  May  11,  1920,  at  10  :00  o’clock  a.  m. 


1920.] 


CONSTITUTIONAL  CONVENTION:. 


171 


TUESDAY,  MAY  11,  1920,  10  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  S.  A.  Matthews,  of  the  Grace  Metho¬ 
dist  Episcopal  Church,  of  Mound  City. 

The  Journal  of  Wednesday,  May  5th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

Geneeal  Oedees. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Brandon  to  the  chair. 

And  at  the  hour  of  10  :10  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal  Yo 

359.  1 

At  the  hour  of  12:17  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Brandon,  from  the  Committee  of  the  TV  hole,  having  had  under 
consideration  Proposals  numbered  359  and  360,  being  the  majority  and 
minority  reports  of  the  Committee  on  Education,  reported  Proposal  Yo. 
359  back,  together  with  the  following  amendments  thereto,  to-wit : 

Amend  Section  1  by  striking  out  in  lines  4,  5,  and  6  the  words:  “The 
General  Assembly  shall  also  provide  for  the  care  and  education  of  dependent, 
defective,  delinquent  and  other  children  requiring  special  consideration  ” 

Amend  Section  4  by  substituting  the  following: 

Sec.  4.  Neither  the  General  Assembly  nor  any  county,  city,  town,  town¬ 
ship,  school  district  or  other  public  corporation  shall  ever  make  any  appro¬ 
priation  or  pay  from  any  public  fund  whatever,  anything  to  any  church  or 
for  any  sectarian  purpose,  or  to  any  school,  academy,  seminary,  college, 
university  or  other  literary  or  scientific  institution  controlled  by  any  church 
or  sectarian  denomination  whatever,  otherwise  than  through  the  power  of 
eminent  domain;  nor  shall  any  grant  or  donation  of  land,  money  or  other 
personal  property  ever  be  made  by  the  State,  or  any  such  public  corporation 
to  any  church  or  for  any  sectarian  purpose.  This  section  shall  not  applv  to 
any  institution  which  has,  within  two  years,  prior  to  January  1,  1920,  received 
public  funds  for  services  rendered,  until  fifteen  years  after  the  adoption  of 
this  Constitution. 

Amend  by  inserting  a  section  to  be  known  as  Section  2,  to  read  as  fol¬ 
lows  : 

Sec.  2.  “The  General  Assembly  shall  make  adequate  provision  for  the 
maintenance  and  development  of  the  University  of  Illinois.” 

And  recommended  that  the  Proposal,  as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  in  and  the  Proposal  was 
referred  to  the  Committee  on  Phraseology  and  Style. 


172 


JOURNAL  OF  THE 


[May  11, 


Mr.  Lindly  presented  petitions  from  citizens  of  Greenville,  Illinois, 
relative  to  the  reading  of  the  Bible  in  the  public  schools,  which  was  re¬ 
ferred  to  the  Committee  on  Bill  of  Bights. 

At  the  hour  of  12 :30  o’clock  p.  m.,  Mr.  Trautmann  moved  that  the 
Convention  do  now  adjourn  until  9  :30  o’clock  a.  m.,  tomorrow. 

Whereupon  Mr.  L.  C.  Johnson  moved  to  amend  by  making  the  hour 
9  :00  o’clock  a.  m.  instead  of  9  :30  o’clock  a.  m. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  motion  of  Mr.  Trautmann,  as 
amended,  it  was  decided  in  the  affirmative. 

And  the  Convention  stood  adjourned  until  9:00  o’clock  a.  m.,  to¬ 
morrow. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


173 


WEDNESDAY,  MAY  12,  1920,  9:00  O’  CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  S.  A.  Matthews,  of  the  Grace  Meth¬ 
odist  Episcopal  Church,  of  Mound  City. 

The  Journal  of  Thursday,  May  6,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  Order  of  Reports  of  Standing 
Committees. 

Mr.  Smith  submitted  the  following  report : 

Your  Committee  on  County  and  Township  Government  to  which  was  re¬ 
ferred  Proposals  numbered  12,  41,  45,  52,  59,  60,  64,  65,  83,  95,  125,  126,  127, 
145,  150,  158,  162,  175,  176,  177,  179,  180,  187,  212,  223,  233,  290,  303,  309,  310, 
323,  also  Article  10  except  sections  7  and  13,  of  the  Constitution  of  1870, 
reports  the  same  hack  with  a  substitute  therefor,  being  Proposal  No.  362, 
a  Proposal  entitled  “Counties,”  and  recommends  that  the  original  Proposals, 
above  enumerated,  except  section  9,  Article  10,  of  the  Constitution  of  1870, 
be  rejected,  and  that  the  substitute  Proposal  No.  362,  be  placed  on  the 
General  Orders. 

(Signed)  A.  M.  Smith, 

F.  R.  Dove, 

S.  W.  McGuire, 

Herbert  F.  Lill, 

A.  E.  Taff. 

George  W.  Hogan, 

Lewis  A.  Jarman, 
William  S.  Gray, 

James  Nichols, 

Martin  J.  O’Brien, 

Wm.  Ganschow. 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Mr.  J arman  submitted  the  following  minority  report : 

This  minority  report  concurs  in  the  report  of  the  Committee  on  County 
and  Township  Government,  except  as  to  Section  6  thereof,  and  recommends 
that  said  Section  6  be  rejected  and  that  the  minority  report,  being  Proposal 
No.  363,  be  substituted  therefor. 

Respectfully  submitted, 

L.  A.  Jarman, 

Member  Committee  on  County  and  Township  Government. 

The  minority  report  of  the  committee  was  ordered  printed  and  to 

lie  on  the  table. 

Mr.  Stewart  offered  the  following  resolution  and  moved  its  adop¬ 
tion  : 


Resolution  No.  28. 

Resolved,  That  Rule  29  of  the  Rules  of  this  Convention  be  amended  by 

adding  the  following: 


174 


JOURNAL  OF  THE 


[May  12., 


No  delegate  shall  'speak  to  exceed  10  minutes  on  any  one  question  ex¬ 
cept  that  the  proponent  of  any  question  shall  be  entitled  to  speak  15  min¬ 
utes  in  favor  of  such  question  and  shall  have  five  minutes  in  which  to  close 
the  debate  thereon.” 

Pending  consideration,  Mr.  Goodyear  moved  that  the  resolution  be 
referred  to  the  Committee  on  Pules  and  Procedure. 

The  motion  prevailed. 

And  it  was  so  ordered. 


General  Orders. 

r 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Dietz  to  the  chair. 

And  at  the  hour  of  9  :25  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  purpose  of  considering  the  several 
reports  from  the  Committee  on  Distinction  Between  Constitutional  and 
Legislative  Subjects. 

At  the  hour  of  11 :12  a.  m.,  the  Convention  resumed  its  session. 

The  President  presiding. 

Mr.  O’Brien,  from  the  Committee  of  the  Whole,*  having  had  uuder 
consideration  Proposals  numbered  357  and  358,  reported  the  same  back 
and  recommended  that  they  do  pass. 

The  report  of  the  committee  was  concurred  in  and  Proposals  num¬ 
bered  357  and  358  were  referred  to  the  Committee  on  Phraseology  and 
Style. 

Mr.  Corlett,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  the  several  reports  from  the  Committee  on  Distinction  Be¬ 
tween  Constitutional  and  Legislative  Subjects,  reported  that  the  Com¬ 
mittee  of  the  Whole  had  considered  separately  each  report  from  the 
Committee  on  Distinction  Between  Constitutional  and  Legislative  Sub¬ 
jects  and  recommended  that  the  report  on  Proposals  numbered  15  and 
166  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
of  the  Wdiole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole  rec¬ 
ommended  that  the  report  on  Proposal  jSTo.  23  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
of  the  Whole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  Ho.  211  be  adopted. 

The  question  being  on  the  adontion  of  the  report  of  the  Committee 
of  the  Whole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  Ho.  282  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
of  the  Whole. 

It  was  decided  in  the  affirmative. 


1920.] 


CONSTITUTIONAL  CONTENTION. 


I  D 


Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  No.  284  he  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 

of  the  Whole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  No.  73  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
of  the  Whole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  No.  74  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
of  the  Whole,  on  demand  of  five  delegates  a  call  of  the  roll  was  had, 
resulting  as  follows:  Yeas,  59;  nays,  17. 


Those  voting  in  the  affirmative  are 

:  Messrs. 

Barr 

Dryer 

Ireland 

Miller 

Sutherland 

Brandon 

Dunlap 

Jack 

Mills 

Taff 

Brewster 

Dupuy,  G.  A. 

Jarman 

Moore 

Tanner 

Carlstrom 

Elting 

Johnson,  D.  C. 

Nichols 

Todd 

Chew 

Gale 

Johnson,  W.  A.  Paddock 

Torrance 

Clarke 

Garrett 

Kerrick 

Parker 

Wall 

Coolley 

Gilbert 

Dill 

Revell 

Warren 

Corlett 

Goodyear 

Lindly 

Rinaker 

Whitman 

Cruden 

Gray 

Mack 

Shaw 

Wilson 

Davis 

Hogan 

McGuire 

Shuey 

Woodward 

De  Young 

Hollenbeck 

Meinert 

Six 

Mr.  President 

Dove 

Hull 

Mighell 

Stew-art 

Yeas — 

Those 

voting  in  the  negative  are : 

Messrs. 

Brenholt 

Fyke 

Latchford 

Michal 

Pincus 

Corcoran 

Gee 

Lohman 

Morris 

Scanlan 

Dawes 

Iarussi 

Michaelson 

O’Brien 

Traeger 

Dupee,  E.  H. 

Kunde 

Nays — 

And  the  report  of  the  Committee  of  the  Whole  was  adopted. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  No.  75  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 

of  the  Whole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  No.  77  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 

of  the  Whole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  No.  98  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 

of  the  Whole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  No.  148  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 

of  the  Whole. 

It  was  decided  in  the  affirmative. 


176 


JOURNAL  OF  THE 


[May  12, 


Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  No.  157  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
of  the  Whole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  No.  186  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
of  the  Whole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  No.  202  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
of  the  Whole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  Committee  on  Distinction  Between  Constitutional 
and  Legislative  Subjects  be  granted  permission  to  withdraw  its  report 
on  Proposal  No.  224. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
of  the  Whole. 

It  was  decided  in  the  affirmative. 

Mr.  Corlett  further  reported  that  the  Committee  of  the  Whole 
recommended  that  the  report  on  Proposal  No.  288  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
of  the  A  hole,  on  demand  of  five  delegates,  a  call  of  the  roll  was  had,  re¬ 
sulting  as  follows:  Yeas,  60;  nays,  19. 


Those  voting  in  the  affirmative  are 

:  Messrs. 

Barr 

Dryer 

Ireland 

Miller 

Stahl 

Brandon 

Dunlap 

Jack 

Mills 

Stewart 

Brewster 

Dupuy,  G.  A. 

Jarman 

Nichols 

Sutherland 

Chew 

Fifer 

Johnson,  L.  C. 

Paddock 

Taft 

Clarke 

Fyke 

Johnson,  W.  A.  Parker 

Tanner 

Coolley 

Gale 

Kerrick 

Revell 

Todd 

Corlett 

Garrett 

Lill 

Rinaker 

Torrance 

Cruden 

Gilbert 

Lindly 

Shanahan 

Wall 

Davis 

Goodyear 

Mack 

Shaw 

Warren 

Dawes 

Gray 

McGuire 

Shuey 

Whitman 

De  Young 

Hollenbeck  • 

Meinert 

Six 

Woodward 

Dove 

Hull 

Mighell 

Sneed 

Mr.  President 
Yeas — 

Those  voting  in  the  negative  are : 

Messrs. 

Brenholt 

Gee 

Latchford 

Moore 

Scanlan 

Carlstrom 

Hogan 

Lohman 

Morris 

Smith 

Corcoran 

Iarussi 

Michaelson 

O’Brien 

Traeger 

Dupee,  E.  H. 

Kunde 

Michal 

Pincus 

Nays — : 

And  the  report  of  the  Committee  of  the  Whole  was  adopted. 

The  Convention  again  proceeding  on  the  Order  of  Reports  of  Stand¬ 
ing  Committees. 

Mr.  Cruden  submitted  the  following  report : 

Your  Committee  on  Suffrage,  to  which  was  re-committed  Section  No.  8 
of  Proposal  No.  351,  together  with  Amendment  No.  13  and  the  substitute 
therefor  relating  thereto,  reports  as  follows:  The  amendments  by  unani¬ 
mous  vote  were  laid  upon  the  table.  Upon  reconsideration  of  the  subject 
matter  contained  in  the  original  Section  No.  8  the  committee  by  unanimous 
agreement  made  such  changes  as  it  deemed  necessary,  and  reports  it  back 
to  the  Convention  as  Sections  8,  9  and  10,  herewith  appended,  with  the 
further  recommendation  that  they  be  adopted. 


1920.] 


CONSTITUTIONAL  CONVENTION 


177 


Section  8.  Regular  and  final  elections  to  fill  offices  created  by  this 
Constitution,  or  which  are  or  shall  be  established  by  law,  shall  be  held  on 
the  first  Tuesday  after  the  first  Monday  of  November  in  each  year  and  at 
no  other  time.  Special  elections  to  fill  vacancies  in  elective  offices,  except 
as  otherwise  provided  in  this  Constitution,  shall  be  held  on  the  day  of  the 
regular  election. 

Section  9.  When  a  vacancy  shall  happen  in  an  elective  office  and  the 
unexpired  term  is  less  than  fifteen  months,  the  appointing  power  shall  fill 
such  vacancy  by  appointment.  When  the  unexpired  term  is  fifteen  months 
or  more,  such  vacancy  shall  be  filled  at  a  special  election  to  be  held  on 
the  day  of  the  first  regular  election  occurring  more  than  ninety  days  next 
ensuing  such  vacancy;  but  a  temporary  appointment  may  be  made  to  ex¬ 
pire  upon  the  qualification  of  the  person  elected  at  such  special  election. 

Section  10.  All  election  days  'shall  be  legal  holidays. 

(Signed)  Wm.  H.  Cruden, 

Andrew  H.  Mills, 

John  E.  Traeger, 

Hiram  E.  Todd, 

Geo.  F.  Lohman, 

Will  Stewart, 

S.  W.  McGuire, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Mr.  Cruden  moved  that  the  report  of  the  Committee  on  Suffrage 
he  taken  from  the  table  and  placed  on  the  General  Orders. 

And  the  motion  prevailed. 

Mr.  Fyke  submitted  the  following  report : 

Your  Committee  on  Corporations  and  Co-operative  Associations,  to 
which  was  referred  Proposals  numbered  13,  30,  49,  137,  155,  156,  157,  167, 
168,  169,  170,  171,  172,  173,  174,  245,  256,  292,  312,  319;  and  Article  11,  ex¬ 
cept  Section  4,  and  separate  Section  1,  of  the  Constitution  of  1870,  reports 
the  same  back  with  a  substitute  therefore,  being  Proposal  No.  364,  a  Propo¬ 
sal  entitled  “Corporations,”  and  recommends  that  the  original  Proposals, 
above  enumerated,  be  rejected,  and  that  the  substitute  Proposal  No.  364,  be 
placed  on  the  General  Orders. 

(Signed)  Edgar  E.  Fyke, 

Geo.  F.  Lohman, 

Ernest  Kunde, 

Hiram  E.  Todd, 

Charles  J.  Michal, 

Chas.  V.  Parker, 

John  J.  Brenholt,  Jr., 
Chas.  H.  Ireland, 

\v  m.  H.  Beckman, 

Alvin  Warren, 

Rufus  C.  Dawes, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Mr.  Elting  submitted  the  following  minority  report: 

The  undersigned,  being  a  minority  of  the  members  of  the  Committee 
on  Corporations  and  Co-operative  Associations,  herewith  submit  a  minority 
report  of  the  Committee  on  Corporations  and  Co-operative  Associations, 
which  does  not  concur  in  the  majority  report  of  said  committee,  submitted 
herein,  and  recommend  that  the  said  majority  report  of  the  Committee  on 
Corporations  and  Co-operative  Associations  be  rejected;  and  that  this 


—12  C  J 


17S 


JOURNAL  OF  THE 


[May  12, 


minority  report  of  said  committee  be  substituted  therefor  and  placed  on  the 
General  Orders,  said  report  being  Proposal  No.  365. 

Respectfully  submitted, 

Philip  E.  Elting, 

Member  of  the  Committee  on  Corporations  and  Co-operative  Associations. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

By  unanimous  consent,  Messrs.  Hamill  and  Green  were  excused 
from  attendance  at  the  Convention  for  the  day. 

At  the  hour  of  11 :50  o'clock  a.  m.,  Mr.  Corcoran  moved  that  the 
Convention  do  now  adjourn  until  10:00  o’clock  a.  m.  tomorrow. 

Mr.  Miller  moved  to  amend  by  making  the  hour  9  :00  o’clock  a.  m., 
instead  of  10 :00  o’clock  a.  m. 

And  the  motion  prevailed. 

The  question  then  being  on  the  motion  of  Mr.  Corcoran,  as  amend¬ 
ed,  it  was  decided  in  the  affirmative. 

And  the  Convention  stood  adjourned  until  9  :00  o’clock  a.  m.  to¬ 
morrow. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


179 


THURSDAY,  MAY  13,  1920,  9  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  S.  A.  Matthews,  of  the  Grace  Metho¬ 
dist  Episcopal  Church,  of  Mound  City. 

The  Journal  of  Tuesday,  May  11,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  towit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  recommends  that 
the  reports  of  the  Committees  on  County  and  Township  G-overnment  and  on 
Corporations  and  Co-operative  Associations  he  taken  from  the  table  and 
placed  upon  the  General  Orders  and  that  they  he  respectively  considered 
upon  the  conclusion  of  the  debate  on  the  pending  supplemental  report  of 
the  Committ  on  Suffrage. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  Convention  proceeding  on  the  Order  of  Reports  of  Standing 
Committees. 

Mr.  Smith  submitted  the  following  report : 

The  Committee  on  County  and  Township  Government  respectfully  re¬ 
turns  to  the  Convention  section  nine  (9)  of  Article  X  of  the  Constituiton 
with  the  request  that  it  be  re-referred  to  the  Committee  on  Chicago  and 
Cook  County. 

(Signed)  A.  M.  Smith,  Chawman. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  in  conformity  with  the  action  of  the  Convention  on 
yesterday  in  adopting  the  report  of  the  Committee  on  Distinction  Be¬ 
tween  Constitutional  and  Legislative  Subjects,  re-referred  the  several 
Proposals  as  follows : 

Proposals  numbered  15  and  166  to  the  Committee  on  Agriculture. 

Proposal  No.  23  to  the  Committee  on  Legislative  Department. 

Proposal  No.  211  to  the  Committee  on  Legislative  Department. 

Proposal  No.  282  to  the  Committee  on  Bill  of  Rights. 

Proposal  No.  284  to  the  Committee  on  Revenue,  Taxation  and  Fi¬ 
nance. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Cruden  to  the  chair. 


180 


JOURNAL  OF  THE 


[May  13, 


And  at  the  hour  of  9  :25  o’clock  a.  m.  .the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal  No. 
351. 

At  the  hour  of  1 :32  o’clock  p.  m.  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Cruden,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposal  No.  351,  being  the  Suffrage  Proposal,  reported 
the  same  back  together  with  the  following  amendments  thereto,  towit: 

Amend  section  6  by  adding  after  the  word  “appointment”  the  following: 
“or  who  is  unable  to  read  and  write  the  English  language.” 

Amend  Proposal  No.  351  by  striking  out  all  of  section  7  of  the  printed 
Proposal  and  substituting  in  lieu  thereof  the  following: 

Section  7.  No  idiot  or  person  adjudged  insane,  or  person  convicted  of 
any  infamous  crime,  shall  be  entitled  to  the  privilege  of  an  elector,  unless 
restored  to  civil  rights. 

Amend  section  8  by  substituting  in  lieu  thereof  the  following: 

Section  8.  Except  as  otherwise  provided  by  General  Law  concurred  in 
by  two-thirds  of  the  members  elected  to  each  branch  of  the  General  Assem¬ 
bly,  and  passed  after  January  1,  1927,  all  regular  final  elections  to  fill  offices 
created  by  this  Constitution,  or  which  are  or  may  be  established  by  law, 
shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in  November  in 
each  year  and  at  no  other  time.  Special  elections  to  fill  vacancies  in  elective 
offices,  except  as  otherwise  provided  in  this  Constitution,  shall  be  held  on 
the  day  of  the  regular  election. 

Amend  Proposal  No.  351,  sections  9,  10  and  11  thereto  as  follows: 

Section  9.  When  a  vacancy  shall  happen  in  an  elective  office  and  the 
unexpired  term  is  less  than  fifteen  months,  the  appointing  power  shall  fill 
such  vacancy  by  appointment.  When  the  unexpired  term  is  fifteen  months 
or  more,  such  vacancy  shall  be  filled  at  a  special  election  to  be  held  on  the 
day  of  the  first  regular  election  occurring  more  than  ninety  days  next  ensu¬ 
ing  such  vacancy;  but  a  temporary  appointment  may  be  made  to  expire 
upon  the  qualification  of  the  person  elected  at  such  special  election. 

Section  10.  All  regular  final  election  days  shall  be  legal  holidays. 

Section  11.  The  General  Assembly  may  pass  laws  conducive  to  the  full 
exercise  of  the  right  of  suffrage  by  all  persons  possessing  such  right. 

And  recommended  that  the  Proposal,  as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  in  and  the  Proposal  re¬ 
ferred  to  the  Committee  on  Phraseology  and  Style. 

The  Convention  again  proceeding  on  the  Order  of  Reports  of  Stand¬ 
ing  Committees. 

Mr.  O’Brien  submitted  the  following  report: 

Your  Committee  on  Miscellaneous  Subject,  to  which  was  referred  Pro¬ 
posals  Nos.  195,  314,  315,  342  and  333,  beg  leave  to  report  the  same  back 
with  recommendation  that  they  be  rejected. 

Respectfully  submitted, 

(Signed)  Martin  J.  O’Brien, 

H.  W.  Meinert, 

Rodney  H.  Brandon, 

E.  B.  Coolley, 

Watts  A.  Johnson, 

Wm.  T.  Hollenbeck, 

M.  A.  Michaelson, 
Herbert  T.  Lill, 

Committee. 


1920. j 


CONSTITUTIONAL  CONVENTION. 


181 


The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

At  the  hour  of  1 :35  o'clock  p.  m.  Mr.  Shanahan  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  May  18,  1920,  at  10 .00 

o'clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


182 


JOURNAL  OF  THE 


[May  18, 


i  TUESDAY,  MAY  18,  1920,  10:00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

Mr.  Shanahan,  President  pro  tern,  presiding. 

Prayer  was  offered  by  the  Eev.  J.  W.  Ferris,  of  the  First  Methodist 
Episcopal  Church,  of  Carthage. 

The  Journal  of  Wednesday,  May  12th,  having  been  printed  and 
placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
pro  tern  called  Mr.  Smith  to  the  chair. 

And  at  the  hour  of  10:10  o'clock  a.  m.,  the  Convention  went 
into  Committee  of  the  Whole  for  the  purpose  of  considering  the  majority 
and  minority  reports  of  the  Committee  on  County  and  Township  Gov¬ 
ernment,  being  Proposals  numbered  362  and  363. 

At  the  houi  of  6  .22  o  clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

Mr.  Shanahan,  President  pro  tern,  presiding. 

Mr.  Smith,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  6  :25  o'clock  p.  m.,  Mr.  Brenholt  moved  that  the 
Contention  do  now  adjourn  until  9:00  o'clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


183 


WEDNESDAY,  MAY  19,  1920,  9  :00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding.  .  _  ,  nT 

Praver  was  offered  by  the  Rev.  S.  A  lllis  McFadden,  of  the  \  est- 

minster  Presbyterian  Church,  of  Springfield. 

The  Journal  of  Thursday,  May  13th,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  Order  of  Reports  of  Standing 

Committees : 

Mr.  Shanahan  submitted  the  following  report : 

Your  Committee  on  Legislative  Department  to  which  was  referred  Sec¬ 
tions  1,  2,  3,  4,  5,  9,  10,  11,  12,  13,  14,  15,  16,  17,  18,  19,  20,  21,  22,  23, 
24  25  27,  28,  30,  31,  32,  33  of  Article  4,  reports  the  same  hack  in  the  form  ol 
a  substitute,  being  Proposal  No.  366,  “A  Proposal  relative  to  the  Legislative 
Department,”  and  recommends  that  the  original  sections,  abo\  e  enumerate  , 
as  amended  and  reported  herewith  as  Proposal  No.  366,  be  placed  on  the 

General  Orders.  _  „ 

(Signed)  David  E.  Shanahan, 

John  E.  Traeger, 

Geo.  P.  Latchford, 
Cicero  J.  Lindly, 
Joseph  W.  Fifer, 
Morton  D.  Hull, 

Frank  J.  Quinn, 

Tiios.  Rinaker, 

James  H.  Paddock, 
Edward  H.  Morris, 

H.  M.  Dunlap, 

George  A.  Barr, 

Lee  Migiiell, 

Committee. 


The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 


table. 


General  Orders. 


The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Smith  to  the  chair. 

And  at  the  hour  of  9  :20  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  majority 
and  minority  reports  of  the  Committee  on  County  and  Township  Govern¬ 
ment,  being  Proposals  numbered  362  and  363. 

At  the  hour  of  6:27  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Smith,  from  the  Committee  of  the  Whole,  reported  flint  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 


184 


JOURNAL  OF  THE 


[May  19, 


And  the  report  of1  the  committee  was  concurred  in. 

The  Convention  again  proceeding  on  the  Order  of  Reports  of  Stand¬ 
ing  Committees. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

The  Committee  on  Miscellaneous  Subjects,  having  filed  its  report  recom¬ 
mending  that  Proposals  numbered  195,  314,  315,  342,  and  333  be  rejected,  and 
said  report  having  been  ordered  to  lie  on  the  table  and  be  printed. 

Your  Committee  on  Rules  and  Procedure  recommends  that  said  report 
of  the  Committee  on  Miscellaneous  Subjects  be  taken  from  the  table  and 
placed  on  the  General  Orders. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  recommends  that  Proposal  No. 
366,  reported  by  the  Committee  on  Legislative  Department,  be  taken  from  the 
table  and  placed  on  the  General  Orders. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

At  the  hour  of  6  :30  o'clock  p.  m.,  Mr.  Shanahan  moved  that  the 
Convention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


185 


THURSDAY,  MAY  20,  1920,  9:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  J.  W.  Ferris,  of  the  First  Methodist 
Episcopal  Church,  of  Carthage. 

The  Journal  of  Tuesday,  May  18th,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  Order  of  Reports  of  Standing 


Committees. 

Mr.  Dove  submitted  the  following  majority  report: 

Your  Committee  on  Initiative,  Referendum  and  Recall  to  which  was 
referred  Proposals  numbered  133,  209,  230,  313,  and  318,  reports  the  same 
back  with  a  substitute  therefor,  being  Proposal  No.  367,  a  Proposal  providing 
for  a  legislative  Initiative  and  Referendum,  hereto  attached,  and  recom¬ 
mends  that  the  original  Proposals,  above  enumerated,  be  rejected,  and  that 
the  substitute  Proposal  No.  367  be  placed  on  the  General  Orders. 

(Signed)  Oscar  E.  Carlstrom, 

E.  D.  Potts, 

Ernest  Kunde, 

James  D.  Jack, 

(signed  for  purpose  of  bringing  the  subject  before  the  Convention  for 
consideration), 

Geo.  P.  Latchford, 

Thomas  F.  Frole, 

Oscar  Wolff, 

Edward  J.  Corcoran, 


(signed  for  purpose  of  getting  on  the  floor  and  reserving  the  right  to 
introduce  minority  report), 


Committee. 


The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 


Mr.  Dove  submitted  the  following  minority  report: 


A  minority  of  your  Committee  on  Initiative,  Referendum  and  Recall, 
recommends  that  no  Proposal  or  provision  for  the  Initiative,  Referendum 
and  Recall  be  incorporated  in  the  Constitution  of  1920. 

(Signed)  A.  H.  Mills, 

T.  C.  Kerrick, 

S.  W.  McGuire, 

A.  E.  Taff, 

A.  F.  Goodyear, 

Geo.  A.  Dupuy, 

F.  R.  Dove, 

Committee. 


The  minority  report  was  ordered  printed  and  to  lie  on  the  table. 
Mr.  Corcoran,  from  the  Committee  on  Initiative,  Referendum  and 
Recall,  submitted  a  further  minority  report,  being  Proposal  No.  368, 
and  recommended  that  it  be  placed  on  the  General  Orders. 

The  minority  report  was  ordered  printed  and  to  lie  on  the  table. 


186 


JOURNAL  OF  THE 


[May  20, 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Smith  to  the  chair. 

And  at  the  hour  of  9  :35  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal  No. 
362. 

At  the  hour  of  3  :33  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Smith,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposals  numbered  362  and  363,  being  the  majority  and 
minority  reports  of  the  Committee  on  County  and  Township  Govern¬ 
ment,  reported  Proposal  No.  362  back,  together  with  the  following 
amendments  thereto,  to-wit : 

Amend  section  2  by  striking  out  the  first  four  lines  and  substituting  in 
lieu  thereof  the  following: 

Section  2.  No  county  shall  be  divided  nor  any  territory  be  added  to* 
or  taken  from  any  county,  unless  such  question  shall  be  submitted  to  a  vote 
of  the  people  of  each  county  affected  and  a  majority  of  the  electors  of  each 
county  affected  voting  on  the  question  shall  vote  for  the  same. 

Amend  section  6  by  substituting  in  lieu  thereof  the  following: 

Section  b.  In  each  county  there  shall  be  elected  the  following  county 
officers,  at  the  general  election  to  be  held  on  the  Tuesday  after  the  first 
Monday  in  November,  1922,  and  every  four  years  thereafter:  a  County  Clerk, 
who  shall  also  be  Clerk  of  the  County  Court;  a  County  Treasurer,  who 
shall  be  ex-officio  Collector  of  Taxes,  and  a  Sheriff;  and  at  the  general  elec¬ 
tion  to  be  held  on  the  Tuesday  after  the  first  Monday  in  November,  1924, 
and  every  four  years  thereafter:  a  Coroner;  a  Clerk  of  the  Circuit  Court, 
who  shall  be  ex-officio  recorder  of  deeds  in  counties  having  less  than  60,000 
inhabitants,  and  a  recorder  of  deeds  in  counties  having  60,000  and  more 
inhabitants.  There  shall  also  be  a  County  Assessor,  who  'shall  be  selected 
as  the  General  Assembly  may  direct.  Provided,  that  no  person  having 
once  been  elected  to  the  office  of  Treasurer  shall  be  eligible  to  said  office 
for  four  years  after  the  expiration  of  the  term  for  which  he  shall  have  been 
elected. 

Amend  section  8  by  inserting  in  line  2,  after  the  word  “laws”  the  words 
“uniform  as  to  classes  of  counties.” 

Amend  section  12  by  substituting  in  lieu  thereof  the  following: 

Section  12.  County  authorities  shall  never  assess  taxes  the  aggregate 
of  which  shall  exceed  seventy-five  cents  per  one  hundred  dollars  valuation, 
unless  authorized  by  a  vote  of  the  people  of  the  county;  but  if  the  General 
Assembly  shall  provide  that  the  county  shall  be  the  unit  for  the  levy  and 
collection  of  taxes  for  road  and  bridge  purposes,  then  county  authorities 
may  assess  an  additional  tax  for  the  construction,  improvement  and  main¬ 
tenance  of  public  highways  and  bridges,  which  additional  tax  shall  not  ex¬ 
ceed  seventy-five  cents  per  one  hundred  dollars  valuation  unless  authorized 
by  a  vote  of  the  people  of  the  county. 

Amend  section  13  by  substituting  in  lieu  thereof  the  following: 

Section  13.  The  General  Assembly  shall  have  authority  to  enact  laws 
providing  for  the  construction  ajid  improvement  of  public  roads  and  high¬ 
ways  in  part  by  special  assessments  to  be  levied  upon  the  property  benefited 
by  such  construction  and  improvement  whether  such  construction  and  im¬ 
provement  lie  within  one  township  or  county  or  two  or  more  townships  or 
counties.  Provided,  that  such  laws  shall  contain  provisions  that  all  such 
construction  and  improvements  shall  be  initiated  by  a  petition  signed  by 
a  majority  of  the  owners  of  the  lands  proposed  to  be  subjected  to  such  spe¬ 
cial  assessment,  who  shall  be  the  owners  of  not  less  than  one-third  in  area 
of  the  same  lands. 


CONSTITUTIONAL  CONVENTION. 


187 


1920.] 


And  recommended  that  the  Proposal,  as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  in  and  the  Proposal 
referred  to  the  Committee  on  Phraseology  and  Style. 


General  Orders. 

The  Convention  again  proceeding  on  the  General  Orders,  the  Presi¬ 
dent  called  Mr.  Fyke  to  the  chair. 

And  at  the  hour  of  3  :35  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  purpose  of  considering  the  majority 
and  minority  reports  of  the  Committee  on  Corporations  and  Co-opera¬ 
tive  Associations,  being  Proposals  numbered  364  and  365. 

At  the  hour  of  6  :25  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Fyke,  from  the  Committee  of  the  Whole,  reported  that  the  com¬ 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  6  :30  o’clock  p.  m.,  Mr.  Green  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  May  25,  1920,  at  10 .00 

o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


188 


JOURNAL  OF  THE 


[May  25, 


TUESDAY,  MAY  25,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  John  EL  Ryan,  of  the  Methodist 
Episcopal  Church,  of  Kankakee. 

The  Journal  of  W  ednesday,  May  19th,  having  been  printed  and 
placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Fyke  to  the  chair. 

And  at  the  hour  of  10  :10  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  purpose  of  further  considering  the  ma¬ 
jority  and  minority  reports  of  the  Committee  on  Corporations  and  Co¬ 
operative  Associations,  being  Proposals  numbered  364  and  365. 

At  the  hour  of  6  :43  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Fyke,  from  the  Committee  of  the  Whole,  reported  that  the  com¬ 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  6  :45  o’clock  p.  m.,  Mr.  Shanahan  moved  that  the 
Convention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


189 


WEDNESDAY,  MAY  26,  1920,  9  :00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  John  H.  Ryan,  of  the  Methodist 
Episcopal  Church,  of  Kankakee. 

The  Journal  of  Thursday,,  May  20th,  having  been  printed  and 
placed  on  the  desk  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 
The  Convention  proceeding  on  the  Order  of  Peports  of  Standing 


Committees. 

Mr.  Hamill  submitted  the  following  report: 

Your  Committee  on  Phraseology  and  Style,  to  which  was  referred  a  Pro¬ 
posal  to  provide  for  the  Militia  (Intr.  No.  339,  Ref.  No.  2)  as  amen  e  i 
Committee  of  the  Whole,  respectfully  reports  that  it  has  considered  said  Pro¬ 
posal  and  recommends  that  the  following  amendments  he  made  therein; 

P  1.  In  line  5  of  section  1,  of  Ref.  No.  2,  strike  out  the  word  provided 

after  the  words  “of  this  State.” 

2  In  line  5  of  said  section,  strike  out  the  word  shall  after  the  words 
“no  person”  and  add  the  word  “shall”  in  the  sixth  line  of  said  section  be¬ 
tween  the  words  “arms”  and  “be.”  , 

3.  In  line  6  of  said  section,  after  the  word  “exempted  and  before  the 

word  “from”  add  the  words  “by  the  laws  of  this  State.”  <{ 

4.  In  line  7  of  said  section  insert  the  word  “any”  before  the  word  mill- 


tary 

5.  In  lines  7  and  8  of  said  section,  strike  out  the  words  “in  any  capacity 
that  the  Governor  shall  declare  to  be  non-combatant”  and  insert  m  lieu 
thereof  “declared  by  the  Governor  to  he  non-combatant. 

6.  In  line  1  of  section  4  before  the  initial  word  “The  ’  insert  the  words 
“members  of.”  After  the  initial  word  “The”  insert  the  word  “organized. 

7.  In  line  2  of  section  4  at  the  end  thereof,  after  the  word  “and  insert 

the  word  “military.”  „  , 

8  In  line  1  of  section  4,  after  the  word  “militia”  and  before  the  word 

“in,”  strike  out  the  word  “shall,”  and  in  line  2  of  said  section  4  after  the 
word  “peace”  and  before  the  word  “be,”  insert  the  word  “shall.” 

9  In  line  2  of  section  4  after  the  word  “at”  and  before  the  word  mus¬ 
ters”  insert  the  words,  “and  in  going  to  and  returning  from,”  and  m  line  3 
of  said  section  4  strike  out  the  words,  “and  in  going  to  and  returning  from 


10.  In  lines  2,  3  and  4  of  section  5  strike  out  the  words  “and  it  shall 
be  the  duty  of  the  General  Assembly  to  provide  by  law  for  the  safe  keeping 
of.  the  same;”  in  line  2  of  said  section  5,  after  the  word  “preserved”  ancl 
before  the  word  “as,”  insert  the  words  “and  safely  kept;”  and  in  line  2  ol 
said  section  5,  after  the  words  “valor  of”  and  before  the  word  “Illinois,  ’  in¬ 
sert  the  words  “the  men  of.”  .  ..  .  , 

Your  Committee  on  Phraseology  and  Style  have  thought  it  inexpedient 

on  the  first  reference  to  this  committee  to  attempt  a  comparison  of  each  sep¬ 
arate  Article  with  the  corresponding  Article  in  the  original  instrument  evi¬ 
dencing  the  Constitution  of  1870,  because  of  the  inconvenience  which  would 
be  so  occasioned  to  the  Secretary  of  State,  the  custodian  of  that  instrument. 
Such  comparison  will  be  made  by  your  committee  on  the  final  reference. 
The  draft  of  the  Article  now  under  consideration  which  same  to  your  Com* 


190 


JOURNAL  OF  THE 


mittee  on  Phraseology  and  Style  has  been  compared  with  the  existing  Con¬ 
stitution,  as  it  appears  in  a  copy  printed  under  the  authority  of  the  State  in 
1917.  Such  comparison  shows  some  departures  in  punctuation  and  in  sec¬ 
tion  1  a  change  of  the  figures  “18”  and  “45”  to  the  words  “eighteen”  and 
“forty-five.”  Your  committee  recommends  that  the  punctuation  of  the  ex¬ 
isting  Constitution  be  preserved  and  the  words  “eighteen”  and  “forty-five” 
of  the  Proposal  retained. 

(Signed)  Charles  H.  Hamill, 

Eugene  H.  Dupee, 

C.  H.  T.  Moore, 

Elam  L.  Clarke, 

H.  E.  Torrance, 

Thos.  Rinaker, 

George  A.  Barr, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  Proposal  ISTo. 
339  was  placed  on  the  order  of  second  reading. 

Messrs.  Fyke,  McEwen  and  Dryer  presented  several  petitions  from 
citizens  of  Effingham,  Cook  and  Montgomery  counties,  respectively,  rela¬ 
tive  to  the  reading  of  the  Bible  in  the  public  schools,  all  of  which  were 
referred  to  the  Committee  on  Bill  of  Eights. 

The  President  announced  the  appointment  of  Mr.  Taff  as  a  member 
of  the  Committee  on  Schedule,  vice  Mr.  Curtis. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Fyke  to  the  chair. 

And  at  the  hour  of  9:15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  purpose  of  further  considering  the 
majority  and  minority  reports  of  the  Committee  on  Corporations  and 
Co-operative  Associations,  being  Proposals  numbered  364  and  365. 

At  the  hour  of  12 :35  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Fyke  from  the  Committee  of  the  Whole  having  had  under  con¬ 
sideration  Proposals  numbered  364  and  365,  being  the  majority  and 
minority  reports  of  the  Committee  on  Corporations  and  Co-operative 
Associations,  reported  Proposal  ISTo.  364  back,  together  with  the  follow¬ 
ing  amendments  thereto,  to-wit: 

Amend  section  1  by  substituting  in  lieu  thereof  the  following: 

Section  1.  No  corporation  shall  be  created  by  special  laws,  or  its  char¬ 
ter  extended,  changed,  or  amended,  except  those  for  charitable,  educational, 
penal  or  reformatory  purposes,  which  are  to  be  and  remain  under  the  patron¬ 
age  and  control  of  the  State,  but  the  General  Assembly  shall  provide  by  gen¬ 
eral  laws,  for  the  organization  of  all  corporations  hereafter  to  be  created. 

Amend  section  2  by  adding  at  the  end  thereof  the  following: 

“But  provision  may  be  made  by  law  for  the  issuance  of  classes  of  stock 
with  restricted,  or  without  any,  voting  power  and  every  certificate  of  stock 
shall  show  on  its  face  its  voting  or  non-voting  character.” 

Amend  section  3  by  striking  out  all  of  lines  4  to  9  inclusive,  except 
the  word  “created”  in  said  line  4. 

Amend  section  4  by  striking  out  lines  6,  7,  8,  9  and  10. 

Amend  Proposal  No.  364  by  striking  out  section  No.  5. 


CONSTITUTIONAL  CONVENTION. 


191 


1920.] 


Amend  section  8  by  substituting  in  lieu  thereof  section  1  of  the  separate 

sections  of  the  Constitution  of  1870,  to-wit: 

No  contract,  obligation  or  liability  whatever,  of  the  Illinois  Central 
Railroad  Company,  to  pay  any  money  into  the  State  treasury,  nor  any  lien 
of  the  State  upon,  or  right  to  tax  property  of  said  company,  in  accordance 
with  the  provisions  of  the  charter  of  said  company,  approved  Februaiy  tenti, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-one,  shall  ever 
be  released,  suspended,  modified,  altered,  remitted,  or  in  any  manner  dimin¬ 
ished  or  impaired  by  legislative  or  other  authority;  and  all  moneys  derived 
from  said  company,  after  the  payment  of  the  State  debt,  shall  be  appro¬ 
priated  and  set  apart  for  the  payment  of  the  ordinary  expenses  of  the  State 
Government,  and  for  no  other  purpose  whatever. 

Amend  Proposal  No.  364  by  adding  a  new  section  thereto  to  be  known  as 


section  9,  to-wit:  , 

Section  9.  Railways  heretofore  constructed  or  that  may  hereafter  be 

constructed  in  this  State,  are  hereby  declared  public  highways,  and  shall  be 
free  to  all  persons,  for  the  transportation  of  their  persons  and  property 
thereon,  under  such  regulations  as  may  be  prescribed  by  law.  And  the 
General’  Assembly  shall  from  time  to  time  pass  laws  establishing  reasonable 
maximum  rates  of  charges  for  the  transportation  of  passengers  and  freight 

on  the  different  railroads  in  this  State. 

Amend  Proposal  No.  364  by  adding  a  new  section  thereto  to  be  known 

as  section  10,  to-wit: 

Section  10.  The  General  Assembly  shall  pass  laws  to  correct  abuses  and 
prevent  unjust  discrimination  and  extoriton  in  the  rates  of  freight  and  pas¬ 
senger  tariffs  on  the  different  railroads  in  this  State,  and  enforce  such  laws, 
by  adequate  penalties,  to  the  extent,  if  necessary,  for  that  purpose,  of  for¬ 
feiture  of  their  property  and  franchises. 

And  recommended  that  the  Proposal,  as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  in  and  the  Proposal  re¬ 
ferred  to  the  Committee  on  Phraseology  and  Style. 

Mr.  Fyke  further  reported  that  the  Committee  of  the  Whole  recom¬ 
mended  that  Section  14  of  the  minority  report  be  referred  to  the  Com¬ 


mittee  on  Bill  of  Rights. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  12  :45  o’clock  p.  m.,  Mr.  Trautmann  moved  that  the 
Convention  do  now  take  a  recess  until  4 :00  o’clock  p.  m. 

And  the  motion  prevailed. 


4 :00  o'Clock  P.  M. 


The  hour  of  4:00  o’clock  p.  m.  having  arrived  the  Convention  re¬ 
sumed  its  sessions. 

The  President  presiding. 

The  Convention  again  proceeding  on  the  General  Orders,  the 
President  called  Mr.  Shanahan  to  the  chair. 

And  at  the  hour  of  4:03  o’clock  p.  m.  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  matters  on  the  General 
Orders. 

At  the  hour  of  6:37  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Shanahan,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 


192 


JOURNAL  OF  THE 


[May  26, 


Mr.  Shanahan  further  reported  that  the  committee  of  the  Whole 
recommended  that  the  amendments  offered  by  Mr.  Michal  to  Proposal 
No.  366  be  referred  to  the  Committee  on  Legislative  Department. 

The  question  being  on  the  adoption  of  the  report  of  the  committee, 
it  was  decided  in  the  affirmative. 

The  Convention  again  proceeding  on  the  Order  of  Reports  of 
Standing  Committees. 

Mr.  Trautmann  submitted  the  following  report: 

Your  Committee  on  Executive  Department,  to  which  was  referred  Pro* 
Posals  Nos.  7,  33,  42,  194,  259,  283,  316  and  320;  also  Article  5  of  the  Con¬ 
stitution  of  1870,  and  'section  13  of  Article  10  of  the  Constitution  of  1870, 
reports  the  same  back  with  a  substitute  therefor,  being  Proposal  No.  369,  a 
Proposal  entitled  “Executive  Department,”  and  recommends  that  the  original 
Proposals  above  enumerated  be  rejected,  and  that  the  substitute  Proposal  No. 
369  be  placed  on  the  General  Orders. 

(Signed)  Wm.  E.  Trautmann, 

Frederic  R.  DeYoung, 

Charles  S.  Cutting, 

George  W.  Hogan, 

Lawrence  C.  Johnson, 

Henry  I.  Green, 

Rollo  Six, 

J.  Mack  Tanner, 

G.  Gale  Gilbert, 

E.  H.  Brewster, 

Cyrus  E.  Dietz, 

Amos  C.  Miller, 

Frank  S.  Whitman, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Mr.  Trautmann  submitted  the  further  report : 

Your  Committee  on  Executive  Department  further  reports  that  there 
should  be  submitted  to  the  people  of  the  State  of  Illinois  to  be  separately 
voted  on  the  following  section,  which  if  adopted  shall  become  an  addition  to 
section  1,  Article  V  of  the  Constitution  of  1920. 

This  is  Proposal  No.  370  and  we  recommend  that  Proposal  No.  370  be 
placed  on  the  General  Orders. 

(Signed)  Wm.  E.  Trautmann, 

Frederic  R.  DeYoung, 

Charles  S.  Cutting, 

G.  Gale  Gilbert, 

Henry  I.  Green, 

Frank  S.  Whitman, 

Cyrus  E.  Dietz, 

Lawrence  C.  Johnson, 

Amos  C.  Miller, 

E.  H.  Brewster, 

Rollo  Six, 

George  W.  Hogan, 

J.  Mack  Tanner, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


At  the  hour  of  6:40  o’clock  p.  m.,  Mr.  Hamill  moved  that  the 
Cenvention  do  now  adjourn  until  9  :00  o’clock  a.  m.;  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


194 


JOURNAL  OF  THE 


[May  27, 


THURSDAY,  MAY  27,  1920,  9  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  John  H.  Ryan,  of  the  Methodist 
Episcopal  Church,  of  Kankakee. 

The  Journal  of  Tuesday,  May  25th,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Depoet. 

Your  Committee  on  Rules  and  Procedure  recommends  that  Proposal  No. 
369  reported  by  the  Committee  on  Executive  Department,  he  taken  from  the 
table  and  placed  on  the  General  Orders  for  consideration  in  Committee  of 
the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

Mr.  Brenholt  presented  a  petition  from  citizens  of  Madison  county 
relating  to  the  reading  of  the  Bible  in  the  Public  Schools  which  was  re¬ 
ferred  to  the  Committee  on  Bill  of  Rights. 

The  Convention  proceeding  on  the  Order  of  Proposals  on  Second 
Reading. 

The  report  of  the  Committee  on  Phraseology  and  Style  on  Proposal 
Ko.  339,  a.  Proposal  to  provide  for  the  militia,  was  taken  up. 

And  the  question  being  on  the  adoption  of  the  amendments  proposed 
to  section  1,  by  the  Committee  on  Phraseology  and  Style,  Mr.  Hamill 
moved  that  the  same  be  adopted. 

And  the  motion  prevailed. 

Mr.  Cruden  moved  to  amend  the  Proposal  by  striking  out  all  of  sec¬ 
tion  2. 

And  on  that  motion  a  division  was  had  resulting  as  follows:  Yeas, 
34;  na}rs,  29. 

The  motion  prevailed  and  section  2  was  stricken  out. 

The  amendments  to  section  4  proposed  by  the  Committee  on  Phrase¬ 
ology  and  St}de  being  taken  up,  Mr.  Hamill  moved  their  adoption. 

And  the  motion  prevailed. 

The  amendments  to  section  5  proposed  by  the  Committee  on  Phrase- 
olog}r  and  Style  being  taken  up,  Mr.  Hamill  moved  their  adoption. 

And  the  motion  prevailed. 

The  Proposal  was  then  taken  up  and  read  at  large,  as  amended,  and 
the  question  being,  “Shall  the  Proposal  pass,”  a  call  of  the  roll  was  had 
resulting  as  follows:  Yeas,  54;  nays,  15. 


1920.] 


CONSTITUTIONAL  CONVENTION, 


195 


Those  voting  in  the  affirmative  are :  Messrs. 


Barr 

Brewster 

Chew 

Clarke 

Coolley 

Corcoran 

Corlett 

Cruden 

Cutting 

Dawes 

De  Young 

Those 

Brenholt 

Carlstrom 

Elting 


Dove 

Dryer 

Dunlap 

Gale 

Goodyear 

Gorman 

Gray 

Green 

Hamill 

Hollenbeck 

Hull 

voting  in  the 

Ganschow 

Gee 

Hogan 


Ireland 
Jack 

Johnson,  W. 

Kunde 

Latchford 

Lindly 

McEwen 

McGuire 

Mighell 

Miller 

Mills 

negative  are : 

Jarman 

Kerrick 

Lohman 


Moore 
Morris 

A.  Nichols 
O’Brien 
Paddock 
Quinn 
Revell 
Rinaker 
Shanahan 
Shuey 
Smith 

Messrs. 

Mack 

Michaelson 

Michal 


Stahl 

Sutherland 

Taff 

Tanner 

Todd 

Traeger 

Trautmann 

Wall 

Whitman 

Mr.  President 

Yeas — 54. 


Parker 

Rosenberg 

Six 

Yeas — 15. 


The  Proposal  having  received  the  votes  of  a  majority  of  the  dele¬ 
gates  elected  was  declared  passed. 

The  Proposal  was  then  re-referred,  under  the  rules,  to  the  Commit¬ 
tee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Shanahan  to  the  chair. 

And  at  the  hour  of  9  :15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal  A  o. 

366.  ., 

At  the  hour  of  11 :37  o’clock  a.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding.  _  ,  ,, 

Mr.  Shanahan,  from  the  Committee  of  the  Whole,  reported  that  the 

Committee  had  made  progress  and  asked  leaie  to  sit  again. 

Mr.  Shanahan  further  reported  that  the  Committee  ot  the  Whole 
recommended  that  section  30  be  recommitted  to  the  C  ommittee  on  Legis¬ 
lative  Department.  J  ., , 

The  question  being  on  the  adoption  of  the  report  of  the  committee, 

it  was  decided  in  the  affirmative. 

At  the  hour  of  11:40  o’clock  a.  m.,  Mr.  Trautmann  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  June  1,  1920,  at  10:00 

o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


196 


JOURNAL  OF  THE 


[June  1, 


TUESDAY,  JUKE  1,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Pev.  David  McMeekin  Conn,  of  the  First 
Presbyterian  Church,  of  Sparta. 

The  Journal  of  Wednesday,  May  26th,  having  been  printed  and 
placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing  was  ordered  to  'stand  approved. 

Mr.  El  ting  presented  several  petitions  from  citizens  of  Carbondale 
and  Kirkwood,  relating  to  the  reading  of  the  Bible  in  the  public  schools, 
which  were  referred  to  the  Committee  on  Bill  of  Rights. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Shanahan  to  the  chair. 

And  at  the  hour  of  10 :10  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal  Ko. 
366. 

At  the  hour  of  7  :03  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Shanahan,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

The  Convention  again  proceeding  on  the  order  of  Reports  of  Stand¬ 
ing  Committees. 

Mr.  Shanahan  submitted  the  following  report : 

Your  Committee  on  Legislative  Department,  to  which  was  referred  Pro¬ 
posal  No.  211,  a  proposal  to  provide  for  public  employment  control  and  for 
the  classification  of  certain  positions  in  the  public  service,  reports  the  same 
hack  with  the  recommendation  that  same  be  rejected  for  the  reason  that  it 
is  considered  legislative  matter. 

(Signed)  D.  E.  Shanahan,  Lee  Mighell, 

Geo.  P.  Latchfoed,  Thos.  Stahl, 

John  E.  Traegeb,  Thos.  Rinaker, 

M.  D.  Hull,  James  H.  Paddock, 

Cicero  J.  Lindly,  Joseph  W.  Fifer, 

H.  M.  Dunlap,  Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

The  President,  as  chairman,  laid  before  the  Convention  the  following 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 


1920.] 


CONSTITUTIONAL  CONVENTION. 


19? 


Committee  Report. 

Your  Committee  on  Rules  and  Procedure  recommends  tliat  Proposal  No. 
361,  reported  by  the  Committee  on  Agriculture,  be  taken  from  the  table  and 
placed  on  General  Orders  for  consideration  in  the  Committee  of  the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 
It  was  decided  in  the  affirmative. 

At  the  hour  of  7  :05  o’clock  p.  m.,  Mr.  Brenholt  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


198 


JOUENAL  OF  THE 


[June  2, 


WEDNESDAY,  JUNE  2,  1920,  9:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Bev.  David  McMeekin  Conn,  of  the  First 
Presbyterian  Church,  of  Sparta. 

The  Journal  of  Thursday,  May  27th,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing  was  ordered  to  stand  approved. 

Mr.  McGuire  presented  several  petitions  from  citizens  of  Bandolph 
and  Jackson  counties  relating  to  the  reading  of  the  Bible  in  the  public 
schools,  which  were  referred  to  the  Committee  on  Bill  of  Bights. 

Mr.  Ganschow  presented  several  petitions  from  citizens  of  Cook 
county  relating  to  the  reading  of  the  Bible  in  the  public  schools,  which 
were  referred  to  the  Committee  on  Bill  of  Bights. 

Mr.  DeYoung  presented  several  petitions  from  citizens  of  Cook 
county  relating  to  the  reading  of  the  Bible  in  the  public  schools,  which 
were  referred  to  the  Committee  on  Bill  of  Bights. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Trautmann  to  the  chair. 

And  at  the  hour  of  9  :20  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  purpose  of  considering  the  two  reports 
from  the  Committee  on  Executive  Department,  being  Proposals  num¬ 
bered  369  and  370. 

At  the  hour  of  6  :27  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Trautmann,  from  the  Committee  of  the  Whole,  reported  that 
the  committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

The  Convention  again  proceeding  on  the  Order  of  Beports  of  Stand¬ 
ing  Committees: 

Mr.  Shanahan  submitted  the  following  reports  :  * 

Your  Committee  on  Legislative  Department,  having  heretofore  re¬ 
ported,  in  part,  Proposal  No.  366,  now  further  reports  sections  6,  7  and 
8  of  said  Proposal  as  a  majority  report  and  recommends  that  they  be 
placed  on  the  General  Orders  for  consideration  in  Committee  of  the 
Whole  as  a  part  of  Proposal  No.  366. 

Hon.  D.  E.  Shanahan,  Chairman: 

The  undersigned,  Sub  Committee  on  Legislative  Apportionment,  com¬ 
posed  of  down  State  members  of  your  committee,  respectfully  report  the  fol¬ 
lowing  proposal  on  that  subject  to  be  reported  to  the  Convention,  to-wit- 


CONSTITUTIONAL  CONVENTION. 


199 


1920.] 


Section  6.  The  General  Assembly  shall  apportion  the  State  every  ten 
years,  beginning  with  the  year  1921,  into  fifty-one  Senatorial  districts,  each 
of  which  shall  elect  one  Senator,  whose  term  of  office  shall  be  four  years,  and 
the  basis  of  Senatorial  apportionment  shall  be  the  number  of  electors  who 
voted  at  the  last  regular  election  at  which  a  Governor  was  elected  previous 
to  the  apportionment. 

The  territory  now  constituting  the  County  of  Cook  shall  be  divided  by 
the  General  Assembly  into  nineteen  Senatorial  districts  and  the  number  of 
such  electors  in  that  territory  shall  be  divided  by  the  number  nineteen,  and 
the  quotient  shall  be  the  ratio  of  representation  in  the  Senate  for  that  ter¬ 
ritory. 

The  territory  now  constituting  the  remainder  of  the  State  shall  be 
divided  by  the  General  Assembly  into  thirty-two  Senatorial  districts,  and 
the  number  of  such  electors  in  that  territory  shall  be  divided  by  the  number 
thirty-two,  and  the  quotient  shall  be  the  ratio  of  representation  in  the  Senate 
for  that  territory. 

When  a  county  contains  two  or  more  ratios  of  the  territory  it  shall  be 
divided  by  the  General  Assembly  into  as  many  senatorial  districts  as  it  has 
of  such  ratios.  Districts  in  counties  so  divided  shall  be  bounded  by  precinct 
lines  all  other  Senatorial  districts  shall  be  bounded  by  county  lines. 

All  Senatorial  districts  shall  be  formed  of  compact  and  contiguous  terri¬ 
tory,  and  the  districts  in  each  territory  shall  contain,  as  nearly  as  practica¬ 
ble,  an  equal  number  of  such  electors,  but  in  no  case  less  than  four-fifths  of 

the  ratio  for  that  territory.  .  ,  „ 

Senators  shall  be  so  elected  that  the  term  of  those  now  in  office  shall 
not  be  disturbed.  They  shall  be  divided  into  two  classes,  so  that  one-half, 
as  nearly  as  practicable,  shall  be  chosen  biennially. 

Section  7.  Members  of  the  House  of  Representatives  shall  be  elected  for 
the  term  of  two  years,  one  from  each  county  or  district. 

The  State  shall  be  reapportioned  at  the  session  of  the  General  Assembly 

next  after  each  Decennial  Federal  Census. 

Each  county  shall  be  entitled  to  one  Representative  in  the  House  of 
Representatives,  and,  by  the  first  apportionment  hereunder  it  shall  also  be 
entitled  to  one  other  Representative  for  each  fifty  thousand  of  its  population 
as  ascertained  by  such  census  for  the  year  1920,  as  the  unit  of  repi  csentation 

by  population.  ,  ,  ■ 

The  representation  of  each  county,  as  fixed  by  any  apportionment,  shall 
not  be  thereafter  reduced,  and  additional  representation  by  population  shall 
be  apportioned  to  each  county,  but  shall  be  based  only  on  its  inci  eased  popu¬ 
lation  above  that  required  for  the  last  preceding  apportionment,  and  the  unit 
of  representation  shall  be  doubled  at  each  succeeding  apportionment. 

Every  ten  years,  beginning  with  the  year  A.  D.  1921,  each  county  enti¬ 
tled  to  more  than  one  Representative,  shall  be  divided  by  the  General  As¬ 
sembly  into  as  many  Representative  districts  as  there  are  Representatives, 
to  be  elected  from  such  county.  Such  districts  shall  be  formed  of  compact 
and  contiguous  territory  bounded  by  precinct  lines,  and  contained  as  nearly 
as  practicable,  an  equal  number  of  inhabitants,  but  in  no  case  less  than  four- 
fifths  of  the  quotient  resulting  from  dividing  the  population  of  that  county 
by  the  number  of  representatives  to  which  it  is  entitled. 

Section  8.  In  case  the  General  Assembly  fail  to  make  an  apportionment 
at  its  first  session  following  the  taking  of  the  Decennial  Federal  Census,  it 
shall  be  the  duty  of  the  Secretary  of  State,  Auditor  of  Public  Accounts,  and 
Attorney  General  to  meet  at  the  office  of  the  Governor  and  make  an  appor¬ 
tionment  in  accordance  herewith  within  ninety  days  after  the  adjoin  nment 


200 


JOURNAL  OF  THE 


[June  2, 

or  dissolution  of  such  session  of  the  General  Assembly,  and  file  the  same  in 
the  office  of  the  Secretary  of  State,  whereupon  it  shall  become  effective. 

(Signed)  George  A.  Barr, 

G.  H.  Stahl, 

H.  M.  Dunlap, 

James  A.  Paddock, 
Thos.  Rinaker, 

Lee  Mighell, 

Joseph  W.  Fifer, 
Cicero  J.  Lindly, 

Committee. 

Your  Committee  on  Legislative  Department  submits  the  following  minor¬ 
ity  report  on  sections  6,  7  and  8  of  Proposal  No.  366  and  recommends  that  it 
be  placed  on  the  General  Orders  for  consideration  in  the  Committee  of  the 
Whole  as  part  of  Proposal  No.  366. 

(Signed)  D.  E.  Shanahan, 

Geo.  P.  Latchford, 

John  E.  Traeger, 
Morton  D.  Hull, 

Committee. 

APPORTIONMENT. 

Senatorial. 

Section  6.  The  General  Assembly  shall  apportion  the  State  every  ten 
years,  beginning  with  the  year  1921,  by  dividing  the  population  of  the  State, 
as  ascertained  by  the  Federal  census,  by  the  number  fifty-one,  and  the  quo¬ 
tient  shall  be  the  ratio  of  representation  in  the  Senate.  The  State  shall  be 
•divided  into  fifty-one  Senatorial  districts,  each  of  which  shall  elect  one  Sen¬ 
ator,  whose  term  of  office  shall  be  four  years.  Senators  from  the  districts 
hearing  odd  numbers  shall  be  elected  in  the  year  1922,  and  Senators  from  the 
districts  bearing  even  numbers  shall  be  elected  in  the  year  1921f.  Senatorial 
districts  shall  be  formed  of  contiguous  and  compact  territory,  bounded  by 
county  lines,  and  contain,  as  nearly  as  practicable,  an  equal  number  of  in¬ 
habitants;  but  no  district  shall  contain  less  than  four-fifths  of  the  Senatorial 
ratio.  Counties  containing  not  less  than  the  ratio  and  three-fourths  shall 
be  divided  into  separate  districts  and  shall  be  entitled  to  two  Senators  and 
to  one  additional  Senator  for  each  number  of  inhabitants  equal  to  the  ratio 
contained  by  such  counties  in  excess  of  twice  the  number  of  said  ratio. 


Representative. 

Section  7.  The  General  Assembly  shall  apportion  the  State  every  ten 
years,  beginning  with  the  year  1921,  by  dividing  the  population  of  the  State, 
as  ascertained  by  the  Federal  census,  by  the  number  one  hundred  fifty^ 
three,  and  the  quotient  shall  be  the  ratio  of  representation  in  the  House  of 
Representatives.  The  State  shall  be  divided  into  one  hundred  and  fifty-three 
Representative  districts,  each  of  which  shall  elect  one  Representative,  whose 
term  of  office  shall  be  two  years.  Representative  districts  shall  be  formed  of 
contiguous  and  compact  territory,  bounded  by  county  lines,  and  contain,  as 
nearly  as  practicable,  an  equal  number  of  inhabitants ,*  but  no  district  shall 
contain  less  than  four-fifths  of  the  Representative  ratio.  Counties  contain¬ 
ing  not  less  than  the  ratio  and  three-fourths  shall  be  divided  into  separate\ 
districts  and  shall  be  entitled  to  two  Representatives  and  to  one  additional 
Representative  for  each  number  of  inhabitants  equal  to  the  ratio  contained 
l)y  such  counties  in  excess  of  twice  the  number  of  said  ratio. 

Section  8.  If  the  General  Assembly  shall  fail,  neglect  or  refuse  to  make 
any  apportionment  required  by  this  Constitution,  it  shall  be  the  duty  of  the 
Hover  nor,  Secretary  of  State  and  Attorney  General,  unthin  sixty  days  after 
the  adjournment  of  the  regular  session  of  the  General  Assembly  upon  which 


CONSTITUTIONAL  CONVENTION. 


201 


'920  ]  - - - 

h  rhitu  devolved  to  apportion  the  State  in  accordance  with  the  requii  e- 
ments  of  this  Article,  and  the  Governor  shall  make  official  announcement  of 
ZZ  apportionment  under  the  great  seal  of  the  State.  Apportionments  so 
,  obnii  ?)p  a <?  effective  as  if  made  by  the  General  Assembly . 

“Vr Guilin' hrfm the ^Committee  on  Legislative  Department  flies  a  min¬ 
ority  repo^  sections  6,  7  and  8  of  Proposal  No.  366  as  hereinafter  set 

£crt  The  maioritv  report  agreed  to  fails  to  provide  for  proportionate  repre¬ 
sentation  for  minorities,  and  seeks  to  limit  the  representation  of  Cook  county 

in  t^^™ej^rityS  report  agreed  to  fails  to  provide  for  proportionate  repre- 

Sent¥ht\fnrde“i.ng0nedlerespectfUlly  disagrees  with  both  reports,  and  urges 
their  rejection  for  the  reasons  above  given.  Frank  j  Quinn. 

The  reports  of  the  committee  were  ordered  printed  and  to  lie  on  the 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  recommends  that 
the  reports  of  the  Committee  on  Legislative  Department,  and  the  repo  ts 
tb  Committee  on  Initiative,  Referendum  and  Recall,  being  Proposals  num¬ 
bered  367  and  368,  be  taken  from  the  table  and  placed  upon  the  General 
Orders  for  respecti’ve  consideration  in  Committee  of  the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 
It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  furthei 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  recommends  Proposal  No^ 

211  reported  back  by  the  Committee  on  Legislative  Department,  be  ta 
from  the  table  and  placed  on  the  General  Orders  for  consideration  in  the 

Committee  of  the  Whole.  .  . 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

At  the  hour  of  6:30  o'clock  p.  m.,  Mr.  Shanahan  moved  that  the 
Convention  do  now  adjourn  until  9  :00  o'clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


202 


JOURNAL  OF  THE 


[June  3, 


THURSDAY,  JUNE  3,  1920,  9  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

Conn,  of  the  First 

Presbyterian  Church,  june  1,  having  been  printed  and  Plac®d 

on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing  was  ordered  to  stand  approved 

Mr.  Meinert  presented  several  petitions  from  citizens  of  Eandolph 
and  Jackson  Counties  relating  to  the  reading  o :  the  Bible  m  the  pub 
schools,  which  were  referred  to  the  Committee  on  Bill  f  “f  A,Pa„e 
Air  Corlett  presented  several  petitions  from  citizens  o  » 

County^  relating^  to  the  reading  of  the  Bible  in  the  public  schools,  which 

were  referred  to  the  Committee  on  Bil  o  1^1  s.  TinPacr#* 

Mr.  Corlett  also  presented  a  petition  from  el“  D" ^ 
County  relating  to  Chicago’s  representation  in  the  Legislature, 

S ZPSS  .1  ike  E'kle  in  the  public  »h,d,  ™ 

referred  to  the  Committee  on  Rill  o  i&  p  pi 

Mr.  Tanner  presented  several  petitions  from  citizens  of  C  a  Effing 
ham  and  Marion  Counties  relating  to  the  reading  of  Bib.e  in  he 
public  schools,  which  were  referred  to  the  Committee  onBiJ  < Bg£ 
The  Convention  proceeding  on  the  oidei  of  Rep 

Air.  Dove  submitted  the  following  report: 

A  minority  of  your  Substi- 

initiative,  be  piaced  on  the  Gen- 

eral  Orders.  (Signed)  Geo.  P.  Latchford, 

Ernest  Kunde, 

Ernest  D.  Potts, 

Oscar  Wolff. 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 

ttStRSttSStt.  the  Co— we^mto 

Committee  of  the  Whole  for  the  further  consideration  of  Proposa  -  • 

3  69. 


CONSTITUTIONAL  CONVENTION. 


203 


g<jO  J  uujnojlj-xu  - - - 

At  the  hour  of  11:20  o’clock  a.  m.,  the  Convention  resumed  its 

session. 

Mr.  Hamill,  President  pro  torn.,  presiding. 

Mr.  Trantmann  from  the  Committee  of  the  Whole,  reported  t  a 
the  Committee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  11:25  o’clock  a.  m.  Mr  Trautmann .moved  that 
the  Convention  do  now  adjourn  until  Tuesday,  June  lo,  19.0,  at 

o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


204 


JOURNAL  OF  THE 


[June  15, 


TUESDAY,  JUNE  15,  1920,  10  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  J.  G.  W  right,  of  the  Episcopal 
Church,  of  Greenville. 

The  Journal  of  Wednesday,  June  2d,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 

called  Mr.  Trautmann  to  the  chair. 

And  at  the  hour  of  10 :15  o’clock  A.  M.  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal  A  o. 
369  and  also  for  consideration  of  Proposal  No.  370. 

At  the  hour  of  12:55  o’clock  P.  M.  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Trautmann  from  the  Committee  of  the  Whole,  having  had 
under  consideration  the  two  reports  from  the  Committee  on  Executive 
Departments,  being  Proposals  numbered  369  and  370,  reported  Proposal 
No.  369  back,  together  with  the  following  amendments  thereto,  to-wit : 

Amend  by  adding  on  page  3,  Section  10,  after  line  6,  the  following: 
“Provided,  however,  that  the.  appointment  of  notaries  public  need  not  be 
confirmed  by  the  Senate.” 

Amend  in  line  2,  Section  13,  after  the  word  “offenses”  by  adding  the 
words  “either  unconditionally  or”. 

Amend  Section  16  by  striking  out  in  lines  15,  18  and  24  the  words  or 

parts  thereof”.  ,  _  ^ 

Amend  Section  29  by  striking  out  in  lines  2  and  3  the  words  tor 

the  conduct  of  the  fiscal  affairs  and”  and  insert  the  word  “of”  before 
accounts  in  line  3,  and  change  the  word  “of”  after  “accounts  to  *pr 

Section  29  would  then  read  “The  Auditor  of  Public  Accounts  in  addition 
to  his  duties  prescribed  by  law  shall  be  required  to  establish  a  uniform 
system  of  accounts  for  all  county,  town  and  school  officers,  and  to  supervise 
'such  system  and  to  audit  the  account  of  such  officers. 

And  recommend  that  the  Proposal,  as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  in,  and  the  Proposal 
referred  to  the  Committee  on  Phraseology  and  Style.  # 

Mr.  Trautmann  also  reported  Proposal  No.  370  back,  with  the 

recommendation  that  it  do  not  pass. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 


1920.] 


CONSTITUTIONAL  CONTENTION. 


205 


Mr.  Dunlap  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposal  No.  361,  reported  that  the  committee  had  made 
progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  1 :05  o’clock  p.  m.,  Mr.  Eevell  moved  that  the 
Convention  do  now  adjourn  until  9  :00  o’clock  A.  M.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


206 


JOURNAL  OF  THE 


[June  16, 


WEDNESDAY,  JUNE  16,  1920,  9:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  J.  G.  Wright,  of  the  Episcopal 
Church,  of  Greenville. 

rihe  Journal  of  Thursday,  June  3d,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing  was  ordered  to  stand  approved. 

Mr.  Traeger  presented  several  petitions  from  citizens  of  Cook 
county,  relative  to  the  reading  of  the  Bible  in  the  public  schools,  which 
were  referred  to  the  Committee  on  Bill  of  Rights. 

Mr.  McEwen  presented  a  petition  from  citizens  of  Cook  county, 
relative  to  the  reading  of  the  Bible  in  the  public  schools,  which  was 
referred  to  the  Committee  on  Bill  of  Rights. 

Mr.  Shuey  presented  a  petition  from  citizens  of  Mattoon,  Illinois, 
relative  to  the  reading  of  the  Bible  in  the  public  schools,  which  was 
referred  to  the  Committee  on  Bill  of  Rights. 

Mr.  Brenholt  presented  several  petitions  from  citizens  of  Madison 
county  relative  to  the  reading  of  the  Bible  in  the  public  schools,  which 
were  referred  to  the  Committee  on  Bill  of  Rights. 

Mr.  DeToung  presented  a  petition  from  citizens  of  Cook  county 
relative  to  the  reading  of  the  Bible  in  the  public  schools,  which  was 
referred  to  the  Committee  on  Bill  of  Rights. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Dunlap  to  the  chair. 

And  at  the  hour  of  9:15  o’clock  a.  m.  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  matters  on  the  General 
Orders. 

At  the  hour  of  6 :30  o’clock  p.  m.  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Dunlap  from  the  Committee  of  the  Whole  reported  that  the 
committee  having  had  under  consideration  the  report  from  the  Commit¬ 
tee  on  Agriculture,  being  Proposal  No.  361,  had  made  progress  and 
asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  Shanahan  from  the  Committee  of  the  Whole  reported  that  the 
committee,  having  had  under  consideration  the  report  from  the  Com¬ 
mittee  on  Legislative  Department,  being  Proposal  No.  366,  had  made 
progrcofc  and  asked  leave  to  sit  again. 


CONSTITUTIONAL  CONVENTION. 


207 


1920.] 


And  the  report  of  the  committee  was  concurred  in. 

The  Convention  again  proceeding  on  the  Order  of  Reports  oi 

Standing  Committees: 

Mr.  Dietz  submitted  the  following  report :  # 

Vour  Committee  on  Distinction  Between  Constitutional  and  Legislative 
SuDjects,  to  which  was  referred  Proposal  Number  Eighty-one  (81)  entitled 
“A  Proposal  to  Provide  for  a  System  of  Registering  Land  Titles  by  the 
State  of  Illinois  or  Counties  Thereof”  reports  that  it  is  the  opinion  of  the 
members  of  the  committee  that  the  said  Proposal  is  a  Constitutional  subject 
Therefore,  as  your  committee  is  without  authority  to  consider  sau 
Proposal  upon  its  merits,  the  committee  recommends  that  said  Proposal 
be  referred  to  the  proper  committee  for  consideration  of  said  Proposal  upo 

its  merits.  „  .  ...  , 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

Edward  Coreett, 

J.  L.  Dryer, 

E.  H.  Brewster, 

Willard  M.  McEwex, 

M.  A.  Michaelson, 

D.  A.  Mack, 

Committee. 

Your  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects,  to  which  was  referred  Proposal  Number  Two  Hundred  ant 
Thirteen  (213),  entitled,  “A  Proposal  to  Prevent  the  Pollution  of  the  Rivers 
and  Lakes  of  This  State,”  reports  that  it  is  the  opinion  of  the  members  oi 
the  committee  that  the  said  proposal  is  non-constitutional. 

Therefore,  your  committee  recommends  that  the  said  Proposal  do  net 

become  a  part  of  the  proposed  Constitution. 

Respectfully  submitted, 

(Signed)  Cyrus  E.  Dietz, 

Edward  Coreett, 

J.  L.  Dryer, 

E.  H.  Brewster. 

Wellard  M.  McEwex, 

M.  A.  Michaelson, 


D.  A.  Mack, 


The  report  of  the  committee  was  ordered  printed  and  to  lie  on 

the  table. 

At  the  hour  of  6:35  o’clock  p.  m.,  Mr.  Morris  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  ajourned. 


208 


JOURNAL  OF  THE 


[June  17, 


THURSDAY,  JUXE  17,  1920,  9:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  J.  G.  Wright,  of  the  Episcopal 
church,  of  Greenville. 

The  Journal  of  Tuesday,  June  15th,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing  was  ordered  to  stand  approved. 

Hr.  Michaelson  presented  a  petition  from  citizens  of  Cook  county, 
relative  to  the  reading  of  the  Bible  in  the  public  schools,  which  was 
referred  to  the  Committee  on  Bill  of  Bights. 

Hr.  Cruden  presented  a  petition  from  citizens  of  Cook  county,  rela¬ 
tive  to  the  reading  of  the  Bible  in  the  public  schools,  which  was  referred 
to  the  Committee  on  Bill  of  Bights. 

Mr.  DeToung  presented  a  petition  from  citizens  of  Cook  county, 
relative  to  the  reading  of  the  Bible  in  the  public  schools,  which  wa£ 
referred  to  the  Committee  on  Bill  of  Bights. 

Hr.  Moore  presented  a  petition  from  citizens  of  Decatur,  Illinois, 
relative  to  the  reading  of  the  Bible  in  the  public  schools,  which  was 
referred  to  the  Committee  on  Bill  of  Bights. 

Mr.  Corlett  presented  a  petition  from  citizens  of  DuPage  county 
relative  to  the  reading  of  the  Bible  in  the  public  schools,  which  was 
referred  to  the  Committee  on  Bill  of  Bights. 

Mr.  Beckman  presented  a  petition  from  citizens  of  Cook  county 
relative  to  the  reading  of  the  Bible  in  the  public  schools,  which  was 
referred  to  the  Committee  on  Bill  of  Bights. 

The  Convention  proceeding  on  the  Order  of  Reports  of  Standing 
Committees. 

Mr.  O’Brien  submitted  the  following  report : 

Your  Committee  on  Miscellaneous  Subjects,  to  which  was  referred  Pro¬ 
posal  No.  300,  beg  leave  to  report  the  same  back  without  recommendations. 

(Signed)  Martin  J.  O’Brien, 

E.  B.  Coolley, 

Geo.  F.  Lohman, 

Henry  W.  Meinert. 

M.  A.  Michaels  on  , 

S.  E.  Pincus, 

J.  H.  Paddock, 

Wm.  T.  Hollenbeck, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 


CONSTITUTIONAL  CONVENTION. 


200 


1920.] 


General  Orders. 


The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Dunlap  to  the  chair. 

And  at  the  hour  of  9:28  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  matters  on  the  General 

Orders. 

At  the  hour  of  7:05  o’clock  p.  m.,  the  Convention  resumed  its 


session. 

The  President  presiding. 

Mr.  Shanahan  from  the  Committee  of  the  Whole,  having  had  under 
consideration  the  supplemental  majority  report  of  the  Committee  on 
Legislative  Department,  on  Sections  6,  7  and  8,  of  Proposal  Xo.  366, 
reported  the  same  back,  as  amended  in  Committee  of  the  Whole,  as 
follows : 

Section  6.  The  General  Assembly  shall  apportion  the  State  every  twelve 
years,  beginning  with  the  year  one  thousand,  nine  hundred  and  twenty-one, 
into  fifty-seven  Senatorial  Districts,  each  of  which  shall  elect  one  senator 
whose  term  of  office  shall  be  four  years,  and  the  basis  of  senatoiial  appor¬ 
tionment  shall  be  the  number  of  electors  who  voted  for  Governor  at  the  last 
regular  election  at  which  a  Governor  was  elected  previous  to  the  appor¬ 


tionment.  i  -.••ill. 

The  territory  now  constituting  the  County  of  Cook  shall  be  divided  by 

the  General  Assembly  into  nineteen  Senatorial  Districts,  and  the  number  of 
such  electors  in  that  territory  shall  be  divided  by  the  number  nineteen  and 
the  quotient  shall  be  the  ratio  of  representation  in  the  Senate  for  that 


The  territory  now  constituting  the  remainder  of  the  State  shall  be  divided 
by  the  General  Assembly  into  thirty-eight  Senatorial  Districts,  and  the 
number  of  such  electors  in  that  territory  shall  be  divided  by  the  number 
thirty-eight  and  the  quotient  shall  be  the  ratio  of  representation  in  the 

Senate  for  that  territory.  .  .  ...... 

When  a  county  contains  two  or  more  ratios  of  its  territory  it  shall  be 

divided  by  the  General  Assembly  into  as  many  Senatorial  Districts  as  it  has 
such  ratios.  Districts  in  counties  so  divided  shall  be  bounded  by  precinct 
or  ward  lines;  all  other  Senatorial  Districts  shall  be  bounded  by  county  lines. 

All  Senatorial  Districts  shall  be  formed  of  compact  and  contiguous  ter¬ 
ritory  and  the  districts  in  each  territory  shall  contain  as  nearly  as  practi¬ 
cable  an  equal  number  of  such  electors  but  in  no  case  less  than  four-filths 
of  the  ratio  for  that  territory. 

Senators  shall  be  so  elected  that  the  term  of  those  now  in  office  shall 
not  be  disturbed.  They  shall  be  divided  into  two  classes  so  that  one-half, 
as  nearly  as  practicable,  shall  be  chosen  biennially. 

Section  7.  The  General  Assembly  shall  apportion  the  State  every  twelve 
years  beginning  with  the  year  one  thousand  nine  hundred  and  twenty-one, 
into  one  hundred  and  fifty-three  Representative  Districts,  each  of  which  shall 
elect  one  Representative  whose  term  of  office  shall  be  two  years,  and  the 
basis  of  representative  apportionment  shall  be  the  number  of  electors  who 
voted  for  Governor  at  the  last  regular  election  at  which  a  Governor  was 
elected,  previous  to  the  apportionment. 

Representative  Districts  shall  be  formed  of  contiguous  and  compact  ter¬ 
ritory,  bounded  by  county  lines,  or  in  the  case  of  counties  entitled  to  more 
than  one  representative,  by  precinct  or  ward  lines,  and  shall  contain  as 
nearly  as  practicable  an  equal  number  of  electors,  but  no  district  shall 
contain  less  than  four-fifths  of  the  representative  ratio. 


—14  C  J 


210 


JOURNAL  OF  THE 


[June  17, 


Counties  containing  not  less  tlian  the  ratio  and  four-fifths  may  be 
divided  into  separate  districts  and  shall  be  entitled  to  two  Representatives, 
and  to  one  additional  Representative  for  each  number  of  electors  equal  to 
the  ratio  contained  by  such  counties  in  excess  of  twice  the  number  of  said 
ratio. 

The  territory  of  any  county  as  constituted  at  the  time  of  the  adoption 
of  this  Constitution  shall  never  be  entitled  to  more  than  seventy-six  repre¬ 


sentatives. 

Section  8.  In  case  the  General  Assembly  fail  to  make  an  apportionment, 
at  its  first  session  following  the  time  fixed  in  this  Constitution  for  making 
any  such  apportionment,  it  shall  be  the  duty  of  the  Secretary  of  State, 
Auditor  of  Public  Accounts,  and  Attorney  General,  to  meet  at  the  office  of 
the  Governor  and  make  an  apportionment  in  accordance  herewith  within 


ninety  days  after  the  adjournment. 


And  recommended  that  the  same  be  incorporated  in  and  made  a 
part  of  Proposal  Ho.  366  when  reported  for  passage. 

The  question  being  on  the  adoption  of  the  report  of  the  committee, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  43;  nays,  19. 


Those  voting  in  the  affirmative  are :  Messrs. 


Barr 

Garrett 

Johnson,  W.  A. 

Paddock 

Brenholt 

Gee 

Kerrick 

Rinaker 

Brewster 

Gilbert 

Lill 

Scanlan 

Carlstrom 

Goodyear 

Lindly 

Shaw 

Coolley 

Gray 

Meinert 

Shuey 

Dunlap 

Green 

Mi, shell 

Six 

Elting 

Hogan 

Mills 

Smith 

Fifer 

Jack 

Moore 

Stahl 

Gale 

Jarman 

Nichols 

Those  voting  in  the  negative  are :  Messrs. 


Chew 

Dupee,  E. 

H. 

Gorman 

McEwen 

Cruden 

Dupuy,  G. 

A. 

Hamill 

Michal 

De  Young 

Fyke 

Hull 

Miller 

Dove 

Ganschow 

Latchford 

Shanahan 

Taff 

Tanner 

Todd 

Torrance 

Trautmann 

Warren 

Whitman 

Mr.  President 

Teas — 43. 


Sutherland 

Traeger 

Wolff 

Nays — 19. 


And  the  report  of  the  committee  was  concurred  in. 

Preceeding  the  roll  call  the  following  pairs  were  announced :  Messrs. 
Corlett  and  Cutting,  Dietz  and  Kevell,  and  Hollenbeck  and  Beckman. 

The  following  gentlemen  were  excused  on  account  of  illness :  Messrs. 
Mack,  Davis,  Wall  and  Dawes. 

Mr.  Dunlap  from  the  Committee  of  the  Whole,  having  had  under 
consideration  the  report  from  the  Committee  on  Agriculture,  being  Pro¬ 
posal  Ho.  361,  reported  the  same  back  together  with  the  following 
amendment  thereto,  to-wit: 

Amend  Proposal  No.  361  by  inserting  after  the  word  Constitution,  in 
line  5,  the  following  sentence:  “The  State,  however,  shall  not  make  any 
appropriations  or  become  indebted  in  any  manner  for  the  establishment, 
maintenance  and  administration  of  such  funds  unless  the  question  of  making 
such  appropriations  or  incurring  such  indebtedness  shall  be  submitted  to 
the  voters  at  a  general  election  and  be  approved  by  a  majority  of  those 


voting  on  the  question.” 

And  recommended  that  the  Proposal,  as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  in,  and  the  Proposal 
referred  to  the  Committee  on  Phraseology  and  Style. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Pules  and  Procedure,  to-vit: 


1920.] 


CONSTITUTIONAL  CONVENTION. 


21 1 


Committee  Report. 

Your  Committee  on  Rules  and  Procedure  submits  the  following  report 
and  recommends: 

(1)  That  beginning  Tuesday  morning,  June  22,  1920,  the  Convention 
remain  in  session,  from  day  to  day,  until  all  propositions  pending  before  the 
Convention,  or  any  of  its  committees,  are  disposed  of  in  Committee  of  the 
Whole  and  referred  to  the  Committee  on  Phraseology  and  Style. 

(2)  That  beginning  Tuesday  morning,  June  22,  1920,  the  Convention 
hold  two  or  more  sessions  each  week  day,  until  all  pending  matters  are 
disposed  of. 

(3)  That  when  all  matters  pending  before  the  Convention  or  its  com¬ 
mittees  are  referred  to  the  Committee  on  Phraseology  and  Style,  the  Con¬ 
vention  take  a  recess.  * 

(4)  That  your  committee  is  of  opinion  that  all  matters  may  be  dis¬ 
posed  of  in  Committee  of  the  Whole  and  referred  to  the  Committee  on 
Phraseology  and  Style  on  or  before  the  tenth  day  of  July,  A.  D.  1920. 

(5)  That  the  reports  of  the  respective  committees  be  considered  in 

the  following  order: 

(a)  Distinction  between  Constitutional  and  Legislative  Subjects. 

(b)  Agriculture. 

(c)  Chicago  and  Cook  County. 

(d)  Municipal  Government. 

(e)  Public  Works  and  Improvements. 

(f)  Bill  of  Rights. 

(g)  Judicial  Department. 

(h)  Revenue,  Taxation  and  Finance. 

(i  )  Industrial  Affairs  and  Labor. 

(j  )  Miscellaneous  Subjects. 

(k)  Future  Amendments  to  the  Constitution. 

(1  )  Initiative,  Referendum  and  Recall. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 
It  was  decided  in  the  affirmative. 

Mr.  Michal  moved  that  when  the  Convention  adjourns  today  it 
stand  adjourned  until  10:00  o’clock  a.  m.,  Thursday,  July  1,  1920,  in 
order  to  permit  delegates  desiring  to  do  so  to  attend  the  National  Dem¬ 
ocratic  Convention  in  San  Francisco. 

And  the  motion  was  lost. 

Mr.  Barr  moved  that  the  delegates  to  the  Democratic  Convention  be 
excused  from  attendance  at  this  Convention  during  the  period  of  the 
National  Convention  at  San  Francisco,  including  necessary  time  going 

and  returning  to  their  homes. 

And  the  motion  prevailed. 

At  the  hour  of  7 :25  o’clock  p.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  adjourn  until  10  :00  o’clock  a.  m.,  Tuesday,  June 

22,  1920. 

The  motion  prevailed. 

And 'the  Convention  stood  adjourned.  :•» 


212 


JOURNAL  OF  THE 


[June  22, 


TUESDAY,  JUNE  22,  1920,  10  :00  O'CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Kev.  C.  B.  Grubb,  of  the  First  Christian 
Church,  of  Watseka. 

The  Journal  of  Wednesday,  June  16th,  having  been  printed  and 
placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing  was  ordered  to  stand  approved. 
Mr.  Michaelson  raised  the  point  of  no  quorum. 

Whereupon  a  call  of  the  Convention  was  had,  resulting  as  follows: 
Those  answering  present  are:  Messrs. 


Barr 

Dupee,  E.  H. 

Hollenbeck 

Mighell 

Smith 

Brenholt 

Elting 

Hull 

Miller 

Sneed 

Carlstrom 

Fifer 

Jack 

Mills 

Sutherland 

Corcoran 

Gale 

Jarman 

Moure 

Taff 

Corlett 

Garrett 

Johnson,  W.  A. 

Nichols 

Todd 

Cruden 

Gee 

Kerrick 

Paddock 

Traeger 

Cutting 

Gilbert 

Lindly 

Parker 

Trautmann 

Davis 

Goodyear 

Lohman 

Revell 

Warren 

Dawes 

Gray 

McEwen 

Rinaker 

Whitman 

De  Young 

Green 

McGuire 

,  Scanlan 

Wilson 

Dietz 

Hamill 

Meinert 

Shanahan 

Woodward 

Dunlap 

Hogan 

Michaelson 

Shuey 

Mr.  President 
Present — 60. 

The  President  announced  that  a  quorum  was  present. 

The  Convention  then  proceeding  on  the  Order  of  Eeports  of  Stand¬ 
ing  Committees : 

Mr.  Shanahan  submitted  the  following  report: 

Your  Committee  on  Legislative  Department,  to  which  was  referred 
Amendment  No.  4,  to  Section  27,  of  Proposal  No.  366  (trading  stamps  or 
trade  premiums),  reports  the  same  back  with  the  recommendation  that  it 
be  not  adopted. 

(Signed)  D.  E.  Shanahan, 

Cicero  Lindly, 

Edward  H.  Morris, 

Morton  D.  Hull, 

Thos.  Rinaker, 

J.  W.  Fifer, 

Lee  Mighell, 

H.  H.  Stahl, 

George  A.  Barr, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  placed  on  the 
General  Orders. 

Mr.  Shanahan  submitted  the  further  report : 

Your  Commitete  on  Legislative  Department,  to  which  was  referred 
Amendment  No.  3,  to  be  known  as  Section  23^4,  of  Proposal  No.  366,  reports 
the  same  back  with  a  subtitute  therefor  as  follows,  to-wit: 

The  General  Assembly  may  by  joint  resolution,  approved  on  roll  call  by 
a  majority  of  the  members  elected  to  each  branch  thereof,  designate  or 
appoint  any  committee  for  the  purpose  of  holding  and  conducting  hearings 
and  investigations  or  conducting  any  legislative  business,  the  rights,  duties, 


CONSTITUTIONAL  CONVENTION. 


213 


1920.] 


powers  and  functions  of  such  commitee  shall  not  cease,  end  and  determine 
with  and  upon  the  sine  die  adjournment  of  the  General  Assembly  so  appoint¬ 
ing  or  designating  such  committee,  but  shall  continue  in  force,  effect  and 
operation  until  the  work  and  object  of  such  committee  shall  be  completed; 
provided,  however,  that  the  life  and  existence  of  such  committee  shall  not 
extend  into  and  beyond  the  next  following  biennial  session  of  the  General 
Assembly. 

And  recommends  that  the  original  amendment  be  rejected  and  that  the 
substitute  be  placed  on  the  General  Orders. 

(Signed)  D.  E.  Shanahan, 

Cicero  Lindly, 

Edward  H.  Morris, 

Morton  D.  Hull, 

Thos.  Rinaker, 

J.  W.  Fifer, 

Lee  Mighell, 

H.  H.  Stahl, 

George  A.  Barr, 

Committee . 


The  report  of  the  committee  was  ordered  printed  and  placed  on  the 
General  Orders. 

Mr.  Dunlap  submitted  the  following  report : 

Your  Committee  on  Agriculture,  to  which  was  referred  Article  XIII,  of 
the  present  Constitution,  reports  the  same  back  with  amendments  and  rec¬ 
ommends  that  the  same  be  placed  on  the  General  Orders  as  Proposal  No.  372, 
and  that  it  be  made  a  part  of  the  Constitution  of  1920. 

(Signed)  H.  M.  Dunlap, 

S.  J.  Gee, 

Lawrence  C.  Johnson, 

J.  Mack  Tanner, 

Wm.  S.  Gray, 

F.  R.  Dove, 

Henry  W.  Meinert, 

Chas.  H.  Ireland, 

Wm.  H.  Cruden, 

Chas.  V.  Parker, 

Frank  S.  Whitman, 

Wm.  T.  Hollenbeck, 

Alvin  Warren, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Pules  and  Procedure,  to-wit : 


Committee  Report. 

Your  Committee  on  Rules  and  Procedure  recommends  that  Proposal  No. 
372,  reported  by  the  Committee  on  Agriculture,  be  taken  from  the  table  and 
placed  on  the  General  Orders  for  consideration  in  Committee  of  the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 
It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 


Committee  Report. 

Your  Committee  on  Rules  and  Procedure  recommends  that  the  reports 
of  the  Committee  on  Distinction  Between  Constitutional  and  Legislative 


214 


JOURNAL  OF  THE 


[June  22, 


Subjects  on  Proposals  numbered  81  and  218  be  taken  from  the  table  and 
placed  on  the  General  Orders  for  consideration  in  Committee  of  the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

Mr.  Cruden  presented  a  petition  from  citizens  of  Cook  county  rela¬ 
tive  to  the  reading  of  the  Bible  in  the  public  schools,  which  was  referred 
to  the  Committee  on  Bill  of  Bights. 

Mr.  McGuire  presented  several  petitions  from  citizens  of  Cook,  Ban- 
dolph  and  Jackson  counties  relative  to  the  reading  of  the  Bible  in  the 
public  schools,  which  were  referred  to  the  Committee  on  Bill  of  Bights. 

Mr.  Gee  presented  several  petitions  from  citizens  of  the  Forty-eighth 
District  relative  to  the  reading  of  the  Bible  in  the  public  schools,  which 
were  referred  to  the  Committee  on  Bill  of  Bights. 

Mr.  Sneed  presented  a  petition  from  citizens  of  Pulaski  county  rel¬ 
ative  to  the  reading  of  the  Bible  in  the  public  schools,  which  was  referred 
to  the  Committee  on  Bill  of  Bights. 

Mr.  Dawes  presented  a  petition  from  citizens  of  Cook  county  rela¬ 
tive  to  the  reading  of  the  Bible  in  the  public  schools,  which  was  referred 
to  the  Committee  on  Bill  of  Bights. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Shanahan  to  the  chair. 

And  at  the  hour  of  10  :25  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  matters  on  the  General 
Orders. 

At  the  hour  of  10 :52  o’clock  a.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Shanahan  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposal  No.  366,  reported  that  the  Committee  had  made 
progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  Shanahan  from  the  Committee  of  the  Whole  further  reported 
that  the  Committee  had  had  under  consideration  Proposal  No.  211  and 
recommended  that  the  same  be  rejected. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

General  Orders. 

The  Convention  again  proceeding  on  the  General  Orders,  the  Presi¬ 
dent  called  Mr.  Dietz  to  the  chair. 

And  at  the  hour  of  10  :55  o’clock  a.  m.  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  the  two  reports  from 
the  Committee  on  Distinction  Between  Constitutional  and  Legislative 
Subjects. 

At  the  hour  of  10  :57  o’clock  a.  m.,  the  Convention  resumed  its 
session. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


215 


The  President  presiding. 

Mr.  Dietz  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposals  numbered  81  and  213,  reported  that  the  com¬ 
mittee  recommended  that  Proposal  Xo.  81  be  re-referred  to  the  proper 
committee  for  consideration,  on  its  merits,  and  that  Proposal  Xo.  213 
be  rejected. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President  accordingly  re-referred  Proposal  Xo.  81  to  the  Com¬ 
mittee  on  Judicial  Department. 


General  Orders. 


The  Convention  again  proceeding  on  the  General  Orders,  the  Presi¬ 
dent  called  Mr.  Dunlap  to  the  chair. 

And  at  the  hour  of  11 :00  o'clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  the  report  from  the 
Committee  on  Agriculture,  being  Proposal  Xo.  372. 

At  the  hour  of  6 :52  o'clock  p.  m.,  the  Convention  resumed  its 


session. 

The  President  presiding. 

Mr.  Dunlap,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposal  Xo.  372,  reported  the  same  back  with  amendments 
as  follows : 

Amend  Proposal  No.  372  by  substituting  Sections  1,  2,  3,  4  and  5,  oi 
Article  13,  of  the  Constitution  of  1870,  and  by  amending  Sections  6  and  7 
thereof  to  read  as  follows: 

Section  6.  It  shall  be  the  duty  of  the  General  Assembly  to  pass  all 
necessary  laws  to  prevent  the  issue  of  false  and  fraudulent  warehouse  re¬ 
ceipts,  and  to  give  full  effect  to  this  article  of  the  Constitution,  which  shall 
be  liberally  construed  so  as  to  protect  producers,  shippers,  consumers  and 
others  interested.  And  the  enumeration  of  the  remedies  herein  named  shall 
not  be  construed  to  deny  to  the  General  Asembly  the  power  to  prescribe  by 
law  such  other  and  further  remedies  as  may  be  found  expedient,  or  to  de¬ 
prive  any  person  of  existing  common  law  remedies. 

Section  7.  The  General  Assembly  shall  pass  laws  for  the  inspection  of 
grain  and  produce  and  for  the  protection  of  producers,  shippers,  receivers 
and  consumers  of  grain  and  produce. 


And  recommended  that  the  Proposal,  as  amended,  do  pass. 

The  question  being  on  the  adoption  of  the  report  of  the  committee, 
a  call  of  the  roll  was  had,  resulting  as  follows : 

Yeas,  35;  nays,  24. 

Those  voting  in  the  affirmative  are :  Messrs. 


Barr 

Brenholt 

Brewster 

Carlstrom 

Chew 

Corlett 

Cruden 


Dunlap 

Elting 

Fifer 

Gee 

Gilbert 

Goodyear 

Gray 


Hogan 

Hollenbeck 

Jack 

Jarman 

Johnson,  W.  A. 

Kerrick 

Lindly 


McEwen 

Meinert 

Mighell 

Mills 

Moore 

Nichols 

Parker 


Scanlan 

Shuey 

Smith 

Sneed 

Traeger 

Warren 

Whitman 

Yeas — 35. 


Those 

Corcoran 
Cutting 
Davis 
Dawes 
De  Young 


voting  in  the  negative  are :  Messrs. 


Dietz 

Dupee,  E.  H. 
Gale 


Garrett 

Green 


Hamill 

Hull 

Miller 

Paddock 

Revell 


Rinaker 

Shanahan 

Sutherland 

TaflC 

Todd 


Trautmann 
Wilson 
Woodward 
Mr.  President 

Nays—  24. 


216 


JOURNAL  OF  THE 


[June  22, 


The  report  of  the  committee  was  adopted  and  Proposal  No.  372,  as 
amended,  was  referred  to  the  Committee  on  Phraseology  and  Style. 

The  Convention  again  proceeding  on  the  Order  of  Reports  of  Stand¬ 
ing  Committees : 

Mr.  Shanahan  submitted  the  following  report: 

Your  Committee  on  Legislative  Department,  to  which  was  referred  Pro¬ 
posals  numbered  6,  25,  37,  57,  80,  87,  128,  141,  143,  163,  183,  184,  189,  221, 
228,  237,  243,  293,  305,  335,  336,  350,  356,  352,  reports  the  same  back  with 
the  recommendation  that  they  be  rejected. 

(Signed)  D.  E.  Shanahan, 

Cicero  J.  Lindly, 

John  E.  Treager, 

M.  D.  Hull, 

Lee  Mighell, 

H.  M.  Dunlap, 

J.  W.  Fifer, 

Thos.  Rinaker, 

George  A.  Barr, 

Commitee. 

The  report  of  the  committee  was  ordered  placed  on  the  General 
Orders  for  consideration  in  conjunction  with  Proposal  No.  366. 

Mr.  Shanahan  submitted  the  further  report : 

Your  Committee  on  Legislative  Department,  to  which  was  recommitted 
Section  30  of  Proposal  No.  366,  reported  the  same  back  with  the  recommen¬ 
dation  that  Section  30  of  the  present  Constitution  be  adopted,  instead  of 
Section  30,  as  previously  reported. 

(Signed)  D.  E.  Shanahan, 

Cicero  J.  Lindly, 

John  E.  Treager, 

M.  D.  Hull, 

Lee  Mighell, 

H.  M.  Dunlap, 

J.  W.  Fifer, 

Thos.  Rinaker, 

George  A.  Barr, 

Commitee. 

The  report  of  the  committee  was  ordered  printed  and  placed  on  the 
General  Orders. 

Mr.  Dunlap  submitted  the  following  report: 

Your  Committee  on  Agriculture,  to  which  was  referred  Proposal  No.  196, 
a  proposal  to  reclaim  swamp  and  overflow  lands,  reports  the  same  back  with 
a  substitute  therefor,  being  Proposal  No.  373,  a  proposal  to  provide  for 
drainage  for  agricultural,  sanitary  and  mining  purposes,  and  recommends 
that  the  original  proposal  be  rejected  and  that  the  substitute  Proposal 
No.  373  be  placed  on  the  General  Orders. 

(Signed)  H.  M.  Dunlap, 

Wm.  T.  Hollenbeck, 

Henry  W.  Meinert, 

Chas.  V.  Parker, 

S.  J.  Gee, 

Wm.  H.  Cruden, 

Wm.  S.  Gray, 

Alvin  Warren, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Mr.  Hull  submitted  the  following  report: 


217 


1920.]  CONSTITUTIONAL  CONVENTION. 

Joint  Repoet  of  Committee  on  Municipal  Government  and  Chicago  and 

Cook  County. 

Your  Committee  on  Municipal  Government  and  your  Committee  on 
Chicago  and  Cook  County,  to  which  were  referred  Proposals  relative  to 
Home  Rule  for  Chicago  and  for  other  Municipalities  report  hack  a  substitute 
therefor  as  a  partial  report  of  these  committees,  being  Proposal  No.  374, 
a  proposal  to  provide  home  rule  for  municipalities. 

And  recommend  that  the  substitute  Proposal  No.  374  be  placed  on  the 
General  Orders. 

(Signed)  Bruce  H.  Garrett, 

Charles  Woodward, 

L.  A.  Jarman, 

George  W.  Hogan, 

William  M.  Scanlan, 

Edward  J.  Corcoran, 

Oscar  E.  Carlstrom, 

S.  J.  Gee, 

Watts  A.  Johnson, 

James  P.  Jack, 

Morton  D.  Hull, 

John  E.  Traeger, 

Charles  J.  Michal, 

Ernest  Kunde, 

Walter  H.  Wilson, 

Amos  C.  Miller, 

W.  H.  Chew, 

Arthur  M.  Smith, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Messrs.  Brenholt  and  Lindly  presented  petitions  from  citizens  of 
Madison  county  relative  to  the  reading  of  the  Bible  in  the  public  schools, 
which  were  referred  to  the  Committee  on  Bill  of  Rights. 

At  the  hour  of  6  :05  o’clock  p.  m.,  Mr.  Shanahan  moved  that  the 
Convention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


218 


JOURNAL  OF  THE 


[June  23y 


WEDNESDAY,  JUNE  23,  1920,  9  :00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  C.  B.  Grubb,  of  the  First  Christian 
Church,  of  Watseka. 

The  Journal  of  Thursday,  June  17th,  having  been  printed  and 
placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Pules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  recommends  that 
Proposal  No.  374,  reported  by  the  Committees  on  Chicago  and  Cook  County 
and  Municipal  Government,  be  taken  from  the  table  and  placed  on  General 
Orders  for  consideration  in  Committee  of  the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Pules  and  Procedure,  to-wit : 

Committee  Report. 

4 

lour  Committee  on  Rules  and  Procedure  respectfully  recommends  that 
Proposal  No.  373,  reported  by  the  Committee  on  Agriculture,  be  taken  from 
the  table  and  placed  on  General  Orders  for  consideration  in  Committee  of 
the  Whole. 

I  he  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

Messrs.  Mills  and  Goodyear  presented  several  petitions  relative  to 
the  reading  of  the  Bible  in  the  public  schools,  which  were  referred  to  the 
Committee  on  Bill  of  Rights. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Shanahan  to  the  chair. 

And  at  the  hour  of  9:15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  report  from 
the  Committee  on  Legislative  Department,  being  Proposal  No.  366. 

At  the  hour  of  11 :32  o’clock  a.  m.  the  Convention  resumed  its 
session. 

The  President  presiding. 


CONSTITUTIONAL  CONVENTION. 


1920.] 


219 


Mr.  Shanahan  from  the  Committee  of  the  Whole,,  having  had  under 
consideration  Proposal  No.  366,  reported  the  same  back  with  the  recom¬ 
mendation  that  the  Proposal,  as  amended  in  Committee  of  the  Y  hole, 
in  addition  to  and  including  Sections  6,  7,  and  8,  previously  reported  on 

June  17th  to  the  Convention,  do  pass. 

Which  said  amendments,  exclusive  of  Sections  6,  7,  and  8,  are  as 

follows : 

Amend  Section  22  by  adding  after  the  word  “fish”  in  line  24,  the  follow¬ 
ing:  “But  reasonable  classification  of  waters  may  be  made”. 

Amend  by  adding  a  new  section  to  be  known  as  Section  23%,  as  follows: 

Section  23%.  The  General  Assembly  may  by  joint  resolution,  approved 
on  roll-call  by  a"  majority  of  the  members  elected  to  each  branch  thereof  des¬ 
ignate  or  appoint  any  committee,  for  the  purpose  of  holding  and  conducting 
hearings  and  investigations  or  conducting  any  legislative  business,  the 
rights,  duties,  powers  and  functions  of  such  committee  shall  not  cease,  end 
and  determine  with  and  upon  the  sine  die  adjournment  of  hte  General 
Assembly  so  appointing  or  designating  such  committee,  but  shall  continue 
in  force,  effect  and  operation  until  the  work  and  object  of  such  committee 
shall  be  completed;  provided,  however,  that  the  life  and  existence  of  such 
committee  shall  not  extend  into  and  beyond  the  next  following  biennial 
session  of  the  General  Assembly. 

Amend  by  striking  out  all  of  Section  31  and  substituting  in  lieu  thereof 
a  new  section  as  follows: 

Section  31.  The  General  Assembly  may  pass  laws:  (1)  Permitting  the 
owners  and  lessees  of  lands  and  of  minerals  to  construct  drains,  ditches  and 
levees  upon  or  across  the  lands  of  others  for  agricultural,  sanitary,  and 
mining  purposes;  (2)  providing  for  the  organization  of  drainage  districts 
and  investing  their  corporate  authorities  with  powers  of  eminent  domain, 
and  special  assessment,  and  with  such  other  appropriate  powers  as  the  General 
Assembly  may  deem  necessary,  for  the  development,  construction,  and  main¬ 
tenance  of  flood  control,  irrigation  and  of  drainage  for  sanitary,  agricultural 
and  mining  purposes;  and  (3)  may  provide  for  the  development,  construction 
and  maintenance  of  such  projects  in  whole  by  such  drainage  districts  or  for 
the  purpose  of  making  surveys  and  straightening  and  improving  water 
courses  in  part  at  the  expense  of  such  drainage  districts  and  in  part  by 
the  State  or  any  political  subdivision  thereof. 

The  authority  given  for  the  accomplishment  of  the  purposes  set  forth  in 
,.his  section  shall  not  deprive  the  General  Assembly  of  the  power  to  provide 
other  means  for  the  accomplishment  thereof. 

Amend  by  striking  out  Section  33  and  substituting  in  lieu  thereof  the 
following: 

Section  33.  Whenever  any  death,  disability  or  retirement  fund  shall 
have  been  or  shall  be  created  by  law,  and  a  part  of  the  compensation  of  a 
public  officer  or  employee  is  required  to  be  deferred  and  contributed  thereto, 
as  the  whole  or  as  a  part  thereof,  such  public  officer  or  employee  or  his 
beneficiary  may  have  such  vested  interest  therein  as  may  be  provided  by  law, 
but  such  interest  shall  attach  only  to  the  fund  accumulated,  and  shall  impose 
no  obligation  upon  the  State  to  create  or  maintain  such  fund. 

Amend  by  striking  out  all  of  Section  30  and  substituting  in  lieu  thereof 
the  following: 

Section  30.  The  General  Assembly  may  provide  for  establishing  and 
opening  roads  and  cartways  connected  with  a  public  road,  for  private  and 

public  use. 

The  question  being  on  the  adoption  of  the  report  of  the  committee, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  49,  nays,  23. 


220 


JOURNAL  OF  THE 


[June  23, 


Those  voting  in  the  affirmative  are :  Messrs. 


Barr 

Fifer 

Hollenbeck 

Brenholt 

Gale 

Jack 

Brewster 

Garrett 

Jarman 

Carlstrom 

Gee 

Kerrick 

Chew 

Gilbert 

Dill 

Coolley 

Goodyear 

Lindly 

Corlett 

Gray 

Mack 

Dryer 

Green 

McGuire 

Dunlap 

Hamill 

Meinert 

Elting 

Hogan 

Mighell 

Those  voting  in  the  negative  are : 

Beckman 

Dawes 

Iarussi 

Corcoran 

De  Young 

Latchford 

Cruden 

Dupee,  E.  H. 

Lohman 

Cutting 

Dupuy,  G.  A. 

McEwen 

Davis 

Hull 

Michaelson 

The 

report  of  the  committee  wa 

Mills 

Moore 

Nichols 

Paddock 

Parker 

Rinaker 

Scanlan 

Shaw 

Shuey 

Six 


Miller 

R.evell 

Shanahan 

Sutherland 


Smith 

Stahl 

Taff 

Tanner 

Todd 

Trautmann 
Warren 
Whitman 
Mr.  President 

Yeas — 49. 


Traeger 

Wilson 

Wolfl 

Woodward 

Nays — 23. 


366  referred  to  the  Committee  on  Phraseology  and  Style. 

Mr.  Hamill  gave  notice  that  he  would  move  to  reconsider  the  vote 
by  which  the  report  of  the  Committee  of  the  AVhole  on  Proposal  No.  366 
was  adopted. 


Mr.  Shanahan  further  reported  that  the  Committee  of  the  Whole 
had  had  under  consideration  the  report  from  the  Committee  on  Legis¬ 
lative  Department  recommending  that  Proposals  numbered  6,  25,  37. 
57,  80,  87,  128,  141,  143,  163,  183,  184,  189,  221,  228,  237,  243,' 
29o,  305,  535,  336,  350,  356,  352,  be  rejected,  and  that  the  Committee 
of  the  Whole  recommended  that  the  same  be  adopted. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 
of  the  Whole. 

It  was  decided  in  the  affirmative. 


And  the  Proposals  above  enumerated  were  rejected. 


General  Orders. 

The  Convention  again  proceeding  on  the  General  Orders,  the  Presi¬ 
dent  called  Mr.  Hull  to  the  chair. 

And  at  the  hour  of  11:35  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  AY  hole  for  the  purpose  of  considering  the  joint  report 
from  the  Committees  on  Municipal  Government  and  Chicago  and  Cook 
County,  being  Proposal  No.  374. 

At  the  hour  of  6 :20  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Hull  from  the  Committee  of  the  Whole  reported  that  the  com¬ 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

^  And  at  the  hour  of  6  :23  o’clock  p.  m.,  Mr.  Shanahan  moved  that  the 
Convention  do  now  adjourn  until  9  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


221 


THURSDAY,  JUNE  24,  1920,  9  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  C.  B.  Grubb,  of  the  First  Christian 
Church,  of  Watseka. 

The  Journal  of  Tuesday,  June  22d,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing  was  ordered  to  stand  appi^  ed. 

Mr.  Hamill  in  accordance  with  his  notice  moved  that  the  vote 
py  which  the  Convention  on  yesterday  adopted  the  report  of  the  Com¬ 
mittee  on  Legislative  Department  be  reconsidered.. 

Whereupon  Mr.  Rinaker  moved  that  the  consideration  of  said  motion 

be  postponed  until  Wednesday  June  30th. 

And  the  motion  prevailed. 

Mr.  Brenholt  presented  several  petitions  from  citizens  of  Madison 
county  relating  to  the  reading  of  the  Bible  in  the  public  schools,  which 
were  referred  to  the  Committee  on  Bill  of  Rights. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Hull  to  the  chair. 

And  at  the  hour  of  9  :20  o’clock  a.  m.  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  joint  repoit 
from  the  Committee  on  Municipal  Government  and  Chicago  and  Cook 
County,  being  Proposal  No.  374. 

At  the  hour  of  6:12  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Hull  from  the  Committee  of  the  Whole  reported  that  the  com¬ 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  Committee  w7as  concurred  in. 

The  Convention  again  proceeding  on  the  Order  of  Reports  of  Stand¬ 
ing  Committees: 

Mr.  Rinaker  submitted  the  following  report : 

Your  Committee  on  Bill  of  Rights,  to  which  was  referred  Proposals 
numbered  2  and  341,  in  relation  to  the  Preamble  of  the  Constitution,  re¬ 
ports  the  same  back  with  the  recommendation  that  Proposal  No.  341 
be  rejected  and  that  the  preamble  to  the  Constitution  of  1870  be  adopted  as 


222 


JOURNAL  OF  THE 


[June  24:, 


“acedT  ’ btIheetGetneera[°OMee?sUeW  Constitution  and  that  ProPosaI  No.  375  be 

(Signed)  Thos.  Rinaker, 

E.  B.  Coolley, 

Alexander  H.  Revell, 

Phillip  E.  Elting, 

Edward  Corlett, 

James  Nichols, 

William  M.  Scanlan, 

C.  A.  Shuey, 

Rufus  C.  Dawes, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 


Mr.  Rinaker  submitted  a  further  report: 

lour  Committee  on  Bill  of  Rights  to  which  was  referred  Proposals 
numbered  4,  31,  32,  70,  79,  86,  97,  106,  108  118  119  120  121  208 
217,  225,  226,  229,  239,  240,  247,  252,  254,  307,  330,  332!  347  348  repoA  the 

enHteiPdaBiiiW1fhi?^  ^bstltlfte  therefor,  being  Proposal  No.  376,  a  proposal 
entitled  Bill  of  Rights,  and  recommends  that  the  original  proposals,  above 

bGi  r®J®cted»  and  that  the  subtitute  Proposal  No.  376  be  placed 
on  the  General  Orders. 


(Signed)  Thos.  Rinaker, 

E.  B.  Coolley, 

Rufus  C.  Dawes, 
*Abel  Davis, 
t William  M.  Scanlan, 
Philip  E.  Elting, 
Alexander.  H.  Revell, 
James  Nichols, 

$C.  A.  Shuey, 


CfOUTWlittiBG 

^Reserving  right  to  file  minority  report  on  Section  3 

or  n7o^fStherS:setcteioSht  t0  “e  a  minority  report  °»  Section  3  and  possibly  one 
$Reserving  right  to  file  minority  report. 

The  report  of  the  Committee  was  ordered  printed  and  to  lie  on  the 
table. 


Mr.  Revell  gave  notice  that  on  next  Tuesday  he  would  introduce  a 
resolution  relative  to  the  Convention  taking  a  recess. 

At  the  hour  of  6  :15  o'clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  o'clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


223 


FRIDAY,  JUNE  25,  1920,  9:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding.  J  .  , . 

Prayer  was.  offered  by  the  Rev.  C.  B.  Grubb,  of  the  First  Christian 

Church,  of  Watseka.  .  ,  ,  , 

The  Journal  of  Wednesday,  June  23,  having  been  printed  and 

placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr  Dunlap  moved  that  Proposal  No.  373  be  recalled  from  the 
General  Orders  and  ordered  to  lie  on  the  table,  for  the  reason  that  the 
subject  matter  of  the  Proposal  had  been  incorporated  m  section  31  o± 

Proposal  No.  366. 

And  the  motion  prevailed.  ,  , 

The  President,  as  chairman,  laid  before  the  Convention  the  fol¬ 
lowing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit. 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  recommends  that 
Proposals  numbered  375  and  376  reported  by  the  Committee  on  Bill  of  Rights 
be  taken  from  the  table  and  placed  on  the  General  Orders  for  consideration 

in  Committee  of  the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 
It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit. 

* 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  recommends  that 
Proposal  No.  300,  reported  back  by  the  Committee  on  Miscellaneous  Subjects 
be  taken  from  the  table  and  placed  on  the  General  Orders  for  consideiation 
in  Committee  of  the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 
Mr.  Sutherland  moved,  as  a  substitute,  that  Proposal  No.  300  do 

not  become  a  part  of  the  Constitution. 

Mr.  Green  raised  the  point  of  order  that  that  motion  was,  under 

the  rules,  out  of  order. 

And  the  Chair  ruled  the  point  of  order  well  taken. 

Whereupon,  Mr.  Sutherland  moved  that  further  consideration  of 
the  report  of  the  Committee  on  Rules  and  Procedure  be  postponed, 
until  Tuesday,  June  29,  1920. 

And  the  motion  prevailed. 


224 


JOURNAL  OF  THE 


[June  25. 


Messrs.  Woodward  and  Corcoran  presented  several  petitions  from 
citizens  of  Cook  County  relative  to  the  Home  Buie,  which  were  referred 
to  the  Committee  of  the  Whole. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Hull  to  the  chair. 

And  at  the  hour  of  9  :25  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  joint  report 
from  the  Committees  on  Municipal  Government  and  Chicago  and  Cook 
County,  being  Proposal  Ho.  374. 

At  the  hour  of  10 :32  o’clock  a.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Hull  from  the  Committee  of  the  Whole,  reported  that  the  com¬ 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

General  Orders. 

The  Convention  again  proceeding  on  the  General  Orders,  the  Presi¬ 
dent  called  Mr.  Binaker  to  the  chair. 

And  at  the  hour  of  10:35  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  the  reports  from  the 
Committee  on  Bill  of  Bights,  being  Proposals  numbered  375  and  376. 

At  the  hour  of  11 :17  o’clock  a,  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Binaker,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  11 :20  o’clock  a.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  adjourn  until  Monday,  June  28,  1920,  at  10:00 
o’clock  a.  m. 

Mr.  Whitman  moved  to  amend  that  motion  by  inserting  Tuesday, 
June  29,  1920,  at  10:00  o’clock  a.  m. 

Mr.  Trautmann  moved  as  a  substitute  for  all  pending  motions  that 
the  Convention  adjourn  until  Monday,  June  28,  1920,  at  3:00 
o’clock  p.  m. 

The  motion  prevailed. 

And  at  the  hour  of  11 :25  o’clock  a.  m.,  the  Convention  stood 
adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


MONDAY,  JUNE  28,  1920,  3:00  O’CLOCK  P.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  Rev.  F.  D.  Butler,  of  St.  Paul’s  Episcopal 
Church,  of  Alton. 

The  Journal  of  Thursday,  June  24th,  having  been  printed  and 
placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up  and,  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  following  delegates  presented  petitions  relative  to  Proposal  No. 
300,  which  were  referred  to  the  Committee  on  Miscellaneous  Subjects, 
Messrs.  Moore,  Mills,  Sutherland,  Whitman,  Todd,  Dawes,  Rinaker, 
Shaw,  Jarman,  Trautmann  and  Brewster. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Coolley  to  the  chair. 

And  at  the  hour  of  3  :45  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  matters  on  the  General 

Orders. 

At  the  hour  of  4:27  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Coolley,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  the  report  of  the  Committee  on  Miscellaneous  Subjects, 
submitted  to  the  Convention  on  May  13th,  recommending  the  rejection 
of  Proposals  numbered  195,  314,  315,  342  and  333,  reported  that  the 
Committee  of  the  Whole  had  concurred  in  the  report  of  the  Committee 
on  Miscellaneous  Subjects  except  as  to  Proposal  No.  342,  and  asked  leave 
to  sit  again. 

The  question  being  on  the  adoption  of  the  report  of  the  Committee 

of  the  Whole. 

It  was  decided  in  the  affirmative. 

And  Proposals  numbered  195,  314,  315  and  333  were  rejected. 

Sufficient  excuses  were  presented  to  the  Convention  on  account  of 
the  absence  of  Delegates  Chew,  Scanlan,  Wall,  Fifer  and  DeYoung. 

Mr.  Hamill  then  raised  the  point  of  no  quorum. 

Whereupon  a  call  of  the  Convention  was  had,  resulting  as  follows: 


—15  C  J 


226 


JOURNAL  OF  THE 


[June  28, 


Brewster 
Carlstrom 
Coolley 
Corcoran 
Corlett 
Cruden 
Dawes 


Hull 

Ireland 

Jarman 

Kerrick 

Latchford 

Lindly 


Meinert 

Mighell 

Mills 

Moore 

Nichols 

Rinaker 

Shanahan 


Shaw 

Sutherland 

Taff 

Todd 

Trautmann 
Whitman 
Mr.  President 
Present — 37 


Those  present  were :  Messrs. 

Brenholt  Dietz  Hogan 

Dunlap 
Dupuy,  G.  A. 

Garrett 
Gilbert 
Goodyear 
Green 

:S  Ham  ill  , 

The  President  announced  that  less  than  a  quorum  was  present 
Whereupon  Mr.  Jarman  made  the  following  motion:  That  it  is 
ordered  by  the  Convention  that  the  delegates  absent,  for  whom  msu 
cient  or  no  excuses  are  made,  he  sent  for  and  taken  into  custody  wier 

ever  found  by  the  Sergeant  at  Arms.”  , .  - 

Pending  discussion,  Mr.  Green  moved  to  lay  the  motion  oi  Mr. 

Jarman  on  the  table. 

The  motion  prevailed  and  it  was  so  ordered. 

At  the  hour  of  4 :30  o’clock  p.  m.  Mr.  Green  moved  that  the  Conven¬ 
tion  do  now  adjourn  until  9  :00  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


227 


TUESDAY,  JUNE  29,  1920,  9:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Pev.  F.  D.  Butler,  of  St.  Paul  s  Episcopal 

Church,  of  Alton.  , 

The  Journal  of  Friday,  June  25th,  having  been  printed  and  placed 

on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and,  no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr.  Michaelson  presented  a  petition  from  citizens  of  Cook  county 
relative’ to  Home  Pule,  which  was  referred  to  the  joint  committee  on 
Municipal  Government  and  Chicago  and  Cook  County. 

Mr.  Traeger  presented  a  petition  from  citizens  of  Cook  county 
1  dative 'to  the  reading  of  the  Bible  in  the  public  schools,  which  was 

refened  to  the  Committee  on  Bill  of  Rights. 

The  following  delegates  presented  petitions  relative  to  Proposal 
E'o.  311,  which  were  respectively  referred  to  the  Committee  on  Miscella¬ 
neous  subjects,  viz: 

Messrs.  Wilson,  Hamill,  Woodward,  Latchford,  Goodyear,  Kernck, 
Beckman,  Dawes,  Dupuy,  Wolff,  Coolley,  Hollenbeck,  Brenholt,  Six, 
Brandon,  Shaw,  Ireland,  Traeger,  W.  A.  Johnson,  Brewster,  Hull,  Gar¬ 
rett,  Stahl,  Mighell,  Moore,  Cruden,  Scanlan,  Todd,  Green,  Clarke, 
Smith,  Shuey,  McEwen,  Warren,  Nichols,  DeYoung,  and  Mills. 

The  consideration  of  the  report  of  the  Committee  on  Rules  and 
Procedure,  recommending  that  Proposal  No.  300  be  taken  from  the 
table  and  placed  on  the  General  Orders,  having  been  postponed  on  June 
25th,  was  again  taken  up. 

Whereupon  Mr.  Green  moved  that  the  report  of  the  Committee  on 

Pules  and  Procedure  be  non-concurred  in. 

Mr.  Sutherland  moved  to  amend  that  motion  by  adding  “and  that 
Proposal  No.  300  do  not  become  a  part  of  the  Constitution,”  which 

amendment  was  accepted  by  Mr.  Green. 

Pending  further  consideration,  Mr.  Mighell  moved  the  previous 

question. 

And  the  question  being,  “shall  the  main  question  be  now  put . 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  motion  of  Mr.  Green,  as  amended,  a 
call  of  the  roll  was  had,  resulting  as  follows  Yeas,  59 ;  nays,  9. 


228 


JOURNAL  OF  THE 


[Tune  29, 


Those  voting  in  the  affirmative  are :  Messrs. 


Barr 

Dunlap 

Hull 

Moore 

Stahl 

Beckman 

Dupee,  E.  H. 

Ireland 

Morris 

Sutherland 

Brandon 

Dupuy,  G.  A. 

Jack 

Nichols 

Taff 

Brewster 

Elting 

Jarman 

Parker 

Tanner 

Carlstrom 

Garrett 

Johnson,  W.  A. 

Revell 

Todd 

Clarke 

Gee 

Latchford 

Rinaker 

Traeger 

Corcoran 

Gilbert 

Lill 

Scanlan 

Whitman 

Corlett 

Gray 

Mack 

Shanahan 

Wilson 

Cruden 

Green 

McEwen 

Shaw 

Wolff 

Dawes 

Hamill 

Meinert 

Shuey 

Woodward 

De  Young 

Hogan 

Mighell 

Six 

Mr.  President 

Dietz 

Hollenbeck 

Mills 

Sneed 

Yeas — 

Those  voting  in  the  negative  are :  Messrs. 

Brenholt  Dryer  Lindly  Smith  Warren 

Coolley  Goodyear  Lohman  Trautmann  Nays — 9. 

The  motion  prevailed  and  Proposal  No.  300  was  ordered  to  lie  on 
the  table. 

Mr.  Revell,  in  accordance  with  his  notice,  entered  on  Thursday, 
June  24th,  moved  "That  when  the  Convention  adjourns  this  week  it 
stand  adjourned  until  Thursday,  November  11,  1920/’ 

And  then  moved  that  further  consideration  of  the  motion  be  post¬ 
poned  until  tomorrow. 

And  the  motion  prevailed. 

» 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Hull  to  the  chair. 

And  at  the  hour  of  11 :00  o’clock  a.  m.  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  joint  report 
from  the  Committees  on  Municipal  Government  and  Chicago  and  Cook 
County,  being  Proposal  No.  374. 

At  the  hour  of  12 :45  o’clock  p.  m.  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Hull,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  12  :50  o’clock  p.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  take  a  recess  until  4:00  o’clock  p.  m. 

And  the  motion  prevailed. 


4:00  o'Clock  P.  M. 

The  hour  of  4:00  o’clock  p.  m.  having  arrived,  the  Convention 
resumed  its  session. 

The  President  presiding.  „ 


General  Orders. 

The  Convention  again  proceeding  on  the  General  Orders,  the 
President  called  Mr.  Hull  to  the  chair. 

And  at  the  hour  of  4:02  o’clock  p.  m.  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  joint 
report  from  the  Committees  on  Municipal  Government  and  Chicago  and 
Cook  County,  being  Proposal  No.  374. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


At  the  hour  of  4:32  o’clock  p.  m.  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Hull,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposal  Ho.  374,  reported  back  Sections  5  and  8  thereof, 
as  amended,  to  read  as  follows : 

Section  5.  No  law  shall  be  passed  by  the  General  Assembly  granting 
the  right  to  construct  or  operate  any  public  utility  within  any  city,  village  or 
incorporated  town  requiring  the  occupation  or  use  of  streets,  alleys  or  public 
ways  by  permanent  fixtures  or  equipment,  without  requiring  the  consent  of 
the  corporate  authorities. 

Section  8.  In  aid  of  the  public  health,  safety,  comfort  and  welfare,  and 
for  the  conservation  of  the  taxable  value  of  property  throughout  the  munici¬ 
pality,  any  city,  village  or  incorporated  town  may  adopt  equitable  regulations 
governing  the  character  and  intensity  of  the  use  of  lot  areas  and  limiting 
buildings  and  structures  of  every  kind  according  to  their  use  or  construction, 
or  both,  to  specified  districts  of  such  municipality.  Authority  to  adopt  such 
regulations  shall  be  deemed  to  be  included  within  the  police  power  and 
within  the  powers  of  local  government  vested  in  cities,  villages  and  incor¬ 
porated  towns  under  this  constitution.  This  provision  shall  apply  to  any 
statute  or  ordinance  heretofore  passed  whose  provisions  are  within  the  terms 
of  this  section.  Nothing  in  this  provision  shall  be  construed  to  diminish  in 
any  way  the  police  power  in  the  full  extent  in  which  it  would  obtain  without 
this  provision. 

And  recommend  that  said  sections  do  pass. 

The  report  of  the  committee  was  concurred  in  and  Sections  5  and  8 
referred  to  the  Committee  on  Phraseology  and  Style. 

General  Orders. 

The  Convention  again  proceeding  on  the  General  Orders,  the 
President  called  Mr.  Einaker  to  the  chair. 

And  at  the  hour  of  4 :35  o’clock  p.  m.  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal 

No.  376. 

At  the  hour  of  7 :00  o’clock  p.  m.  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Einaker,  from  the  Committee  of  the  Whole,  reported  that  the 
Committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

The  Convention  proceeding  on  the  Order  of  Eeports  of  Standing 
Committees. 

Mr.  Lindly  submitted  the  following  report : 

Your  Committee  on  Public  Works  and  Improvements,  to  which  was  re¬ 
referred  Proposal  numbered  354  with  amendments  thereto,  reports  the  same 
back  with  a  substitute  therefore,  being  Proposal  No.  377,  a  proposal  entitled 
Canals  and  Waterways,  and  recommends  that  the  original  proposal  and 
amendments,  above  enumerated,  be  rejected,  and  that  the  substitute  Proposal 
No.  377  be  placed  on  the  General  Orders. 

(Signed)  Cicero  J.  Lindly, 

Chas.  H.  Ireland, 

William  M.  Scanlan, 

Walter  H.  Wilson, 

*L.  A.  Jarman, 

Will  Stewart, 


*But  not  in  favor  of  it. 


Committee. 


230 


JOURNAL  OF  THE 


[June  29, 


The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Mr.  Binaker  submitted  the  following  report : 

Your  Committee  on  Bill  of  Rights,  to  which  was  referred  Proposal  No 
129  reports  the  same  back  with  the  recommendation  that  it  he  ma 
a  part  of  the  Bill  of  Rights. 

y  (Signed)  Thos.  Rinaker, 

W.  M.  SCANLAN, 

Edward  H.  Morris, 

James  Nichols, 

Philip  E.  Elting, 

C.  A.  Shuey, 

Rufus  C.  I?  awes, 

Alexander  H.  Revell, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Mr  Rinaker  submitted  the  further  report : 

Your  Committee  on  Bill  of  Rights,  to  which  was  referred  Proposal  No 
136.  reports  the  same  back  with  the  recommendation  that  it  be  made 
a  part  of  the  Bill  of  Rights. 

p  (Signed)  *Thos.  Rinaker, 

Rufus  C.  Dawes, 

C.  A.  Shuey, 

Edward  H.  Morris, 

William  M.  Scanlan, 

Philip  E.  Elting, 

Alexander  H.  Reyell, 


♦With  reservations.  i  x  v  4-V.r. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 


table. 

Mr  Rinaker  submitted  the  further  report : 

Your  Committee  on  Bill  of  Rights,  to  which  was  referred  Proposal  num- 
Your  Committee  on  Bill  of  Rights,  to  which  was  referred  Proposal  No. 

282  reports  the  same  back  with  the  recommendation  that  it  be  rejected, 
icpu  (Signed)  Thos.  Rinaker, 

William  M.  Scanlan, 

Edward  H.  Morris, 

Edward  Corlett, 

James  Nichols, 

Philip  E.  Elting, 

C.  A.  Shuey, 

Rufus  C.  Dawes, 

Alexander  H.  Revell, 


The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

"t/Elbl-G  *i_ 

At  the  hour  of  7:05  o’clock  p.  m.,  Mr.  Lindlv  moved  that  the 

Convention  do  now  adjourn  until  9:00  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


231 


WEDNESDAY,  JUNE  30,  1920,  9  :00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding.  . 

Prayer  was  offered  by  the  Pev.  F.  D.  Butler,  of  St.  Paul  s  Episcopal 

Church,  of  Alton.  . 

The  Journal  of  Monday,  June  28th,  having  been  printed  and 

placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up  and,  no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr.  W.  A.  Johnson  presented  a  petition  from  citizens  of  Cook 
county  relative  to  Proposal  No.  300,  which  was  referred  to  the  Com¬ 
mittee  on  Miscellaneous  Subjects. 

Mr.  Kerrick  presented  a  petition  from  pupils  of  the  public  schools 
of  Danvers,  Illinois,  relative  to  the  reading  of  the  Bible  in  the  public 
schools,  which  was  referred  to  the  Committee  on  Bill  of  Rights. 

The  consideration  of  the  motion  of  Mr.  Revell  “That  when  the 
Convention  adjourns  this  week  it  stand  adjourned  until  Thursday, 
November  11,  1920/’  having  been  put  on  yesterday  and  postponed  until 


today,  was  again  taken  up. 

Pending  discussion,  Mr.  Davis  moved  the  previous  question. 

And  the  question  being,  “Shall  the  main  question  be  now  put?” 
It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  motion  of  Mr.  Revell,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  8 ;  nays,  68. 

Those  voting  in  the  affirmative  are:  Messrs. 


Brandon  Elting  Lohman  Revell 

Corcoran  F'role  Michaelson 


Wolff 

Yeas — 8. 


Those  voting  in  the  negative  are :  Messrs. 


Barr 

Dryer 

Hollenbeck 

Miller 

Beckman 

Dunlap 

Hull 

Mills 

Brenholt 

Dupee,  E.  H. 

Ireland 

Moore 

Brewster 

Dupuy,  G.  A. 

Jack; 

Morris 

Carlstrom 

Fifer 

Jarman 

Nichols 

Clarke 

Gale 

Johnson,  W.  A. 

Rinaker 

Coollev 

Garrett 

Kerrick 

Scanlan 

Corlett 

Gee 

Latchford 

Shanahan 

Cruden 

Gilbert 

Lill 

Shaw 

Cutting 

Goodyear 

Lindly 

Shuey 

Davis 

Gray 

Mack 

Six 

Dawes 

Green 

McEwen 

Smith 

De  Young 

Hamill 

Meinert 

Sneed 

• 

Dietz 

Hogan 

Mighell 

Stahl 

Stewart 

Sutherland 

Taff 

Tanner 

Todd 

Traeger 

Trautmann 

Warren 

Whitman 

Wilson 

Woodward 

Mr.  President 

Nays — 68. 


And  the  motion  was  lost. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procudure,  to-wit . 


Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  recommends  that 
reports  of  the  Committee  on  Bill  of  Rights  on  Proposals  numbered  129,  136, 


2 32  journal  OF  THE  [June  30, 

282,  be  taken  from  the  table  and  placed  on  General  Orders  for  consideration 
in  Committee  of  the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

The  President,  as  chairman,  laid  before  the  Convention  the  further 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 

Committee  Repoet. 

Your  Committee  on  Rules  and  Procedure  respectfully  recommends  that 
Proposal  No.  377,  reported  by  the  Committee  on  Public  Works  and  Improve¬ 
ments  as  a  substitute  for  Proposal  No.  354,  which  was  recommitted  to  said 
committee,  be  taken  from  the  table  and  placed  upon  the  General  Orders  for 
consideration  in  Committee  of  the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

Mr.  Barr  called  up  the  motion  made  by  Mr.  Hamill  on  June  23d, 
“That  the  vote  by  which  the  report  of  the  Committee  on  Legislative 
Department  was  adopted,  be  reconsidered,”  the  consideration  of  which 
motion  was  postponed  until  today. 

And  moved  that  consideration  of  said  motion  be  further  postponed 
until  Wednesday,  July  7,  1920. 

And  the  motion  prevailed. 

General  Orders. 

The  Convention  again  proceeding  on  the  General  Orders,  the  Presi¬ 
dent  called  Mr.  Einaker  to  the  chair. 

And  at  the  hour  of  10  :20  o'clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  Proposal 
Ho.  376. 

At  the  hour  of  6:15  o’  clock  p.  m.  the  Convention  resumed  its  session. 

The  President  presiding. 

Mr.  Rinaker,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

The  report  of  the  committee  was  concurred  in. 

And  at  the  hour  of  6  :18  o’clock  p.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  adjourn  until  9  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


OQQ 
w  o  o 


THURSDAY,  JULY  1,  1920,  9:00  O'CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  F.  D.  Butler,  of  St.  Paul's  Episcopal 
Church,  of  Alton. 

The  Journal  of  Tuesday,  June  29th,  having  been  printed  and 
placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Rinaker  to  the  chair. 

And  at  the  hour  of  9  :30  o'clock  a.  m.  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  reports  of 
the  Committee  on  Bill  of  Rights,  being  Proposals  numbered  376,  129, 
136,  and  282. 

At  the  hour  of  10 :57  o'clock  a.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr-  Rinaker,  from  the  Committee  of  the  whole,  having  had  under 
consideration  Proposals  numbered  375,  376,  136  and  282,  reported  back 
Proposal  Yo.  376,  together  with  the  following  amendments  thereto, 
including  the  added  amended  section  of  Proposal  No.  136,  and  recom¬ 
mended  that  the  Proposal,  as  amended  and  reported,  do  pass.  Which 
said  amendments  are  as  follows,  to-wit : 

Amend  Section  5  by  adding  at  the  end  thereof  the  words  “but  shall 
not  be  required  to  serve,”  so  that  the  last  sentence  will  read  as  follows: 
‘‘Women  shall  be  eligible  to  jury  service  but  shall  not  be  required  to 
serve.” 

Amend  Section  5  by  striking  out  in  line  4  the  words  “and  less  than  an 
unanimous  verdict  in  civil  cases.” 

Amend  Section  8  by  inserting  after  the  word  “of”  in  line  3  the  letter 
“a”  and  after  the  word  “court”  in  line  3  the  words  “of  record.” 

Amend  Section  13  by  adding  at  the  end  of  said  section  after  the  word 
“excess”  the  words  “or  any  part  thereof.” 

Amend  Section  17  by  striking  out  the  entire  section  and  substituting 
in  lieu  thereof  the  following:  “All  elections  shall  be  free  and  equal.” 

Amend  Section  19  by  striking  out  in  lines  4  and  5  the  words  “The 
State  is  and  shall  ever  remain  representative  in  its  system  of  government 
and  not  a  pure  democracy.” 

Amend  Proposal  No.  376  by  striking  out  all  of  Section  20  thereof. 

Amend  Proposal  No.  376  by  adding  thereto  the  amended  section  of  Pro¬ 
posal  No.  136,  towit: 

Amended  Section  of  Proposal  No.  136. 

The  laws  of  this  State  shall  be  applicable  alike  to  all  citizens,  without 
regard  to  race  or  color,  and  no  citizen  shall  be  prohibited  from  doing  any- 


234 


JOURNAL  OF  THE 


[July  1, 


thing  that  any  other  citizen  may  do,  because  or  by  reason  of  the  race  or 
color  of  such  citizen.  ‘  .  „ 

The  report  of  the  committee  was  concurred  in  and  Proposal  No.  376 

referred  to  the  Committee  on  Phraseology  and  ^t)le. 

Mr.  Einaker  submitted  a  further  report  with  the  recommendation 
the  Proposal  No.  375,  as  reported  from  the  Committee  on  Bill  of  Eights, 

^  The  report  of  the  committee  was  concurred  in  and  Proposal  No. 
375  referred  to  the  Committee  on  Phraseology  and  Style. 

Mr.  Einaker  submitted  a  further  report  with  the  recommendation 

that  Proposal  No.  282  be  rejected.  .  _  _  _  ,T 

The  report  of  the  committee  was  concurred  m  and  Proposal  Ao. 

282  ordered  to  lie  on  the  table.  ^ 

Mr.  Einaker  submitted  a  further  report  recommending  that  Pro¬ 
posals  numbered  4,  31,  32,  70,  79,  86,  97,  ^8,  118, 

208.  217,  225,  226,  229,  239,  240,  247,  252,  2o4,  30 i,  330,  33l,  347, 

and  348,  be  rejected.  _  _  ^  i 

The  report  of  the  committee  was  concurred  m,  and  the  Proposals 

above  numberated  were  ordered  to  lie  on  the  table. 

General  Orders. 

The  Convention  again  proceeding  on  the  General  Ordeis,  the  Presi¬ 
dent  called  Mr.  Lindly  to  the  chair. 

4nd  at  the  hour  of  11:00  o’clock  a.  m.,  the  Convention  went  into 

Committee  of  the  Whole  for  the  consideration  of  the  report  from  the 
Committee  on  Public  Works  and  Improvements,  being  Proposal  ISIo .  37  <. 
At  the  hour  of  1:07  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding.  _  ,  ,, 

Mr.  Lindly,  from  the  Committee  of  the  hole,  reported  that  the 

Committee  had  made  progress  and  asked  iea'^  e  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  1:10  o’clock  p.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  take  a  recess  until  8  :00  o  clock  p.  m. 

And  the  motion  prevailed. 

# 

8:00  o'Cloce;  P.  M. 

The  hour  of  8 :00  o’clock  p.  An.  having  arrived,  the  Convention 

resumed  its  session. 

The  President  presiding. 


General  Orders. 

The  Convention  again  proceeding  on  the  General  Orders,  the  Presi¬ 
dent  called  Mr.  Lindly  to  the  chair.  ,  .  , 

And  at  the  hour  of  8  :02  o’clock  p.  m.  the  Convention  went  into 

Committee  of  the  Whole  for  the  further  consideration  of  the  report  of 
the  Committee  on  Public  Works  and  Improvements,  being  Proposal 

No.  377. 


CONSTITUTIONAL  CONVENTION. 


235 


19^20.]  LUJ  CHJ-t;  JLiw.>  -iii 

At  the  hour  of  10:42  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Lindly,’  from  the  Committee  of  the  Whole,  reported  that  the 
Committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  Green  moved  that  when  the  Convention  adjourns  today,  it 
stand  adjourned  until  Tuesday,  July  6,  1920,  at  10:00  o  clock  a.  m. 

And  the  motion  prevailed. 

The  Convention  proceeding  on  the  Order  of  Deports  of  Standing 
Committees. 

Mr.  Gale  submitted  the  following  report : 

Your  Committee  on  Revenue,  Taxation  and  Finance,  to  which  was 
referred  Proposals  numbered  1,  11,  43,  44,  54,  62,  63,  66,  69,  71,  <2,  76,  82,  8o, 
92,  101,  103,  109,  110,  113,  114,  154,  160,  161,  181,  191,  201,  227,  241,  244,  248, 
249,  250,  257,  260,  261,  266,  270,  284,  289,  302,  306,  308,  311,  323,  326,  327, 

328,  338,  343,  344,  and  Article  IX  of  the  Constitution  of  1870  reports  the 

same  back  with  a  substitute  therefor,  being  Proposal  No.  378,  a  Proposal 
for  a  revenue  article  for  the  Constitution  of  1920. 

And  recommends  that  the  original  proposals,  above  enumerated,  be 

rejected,  and  that  the  substitute  Proposal  No.  378  be  placed  on  the  General 

Orders. 

(Signed)  Geo.  C.  Gale, 

*C.  A.  Shuey, 
fE.  E.  Fyke, 

JMartin  J.  O’Brien, 

Frank  S.  Whitman, 

*  John  J.  Brenholt,  Jr., 
Watts  A.  Johnson, 

Douglas  Sutherland, 

George  A.  Barr, 

Rufus  C.  Dawes, 

Abel  Davis, 

Eugene  H.  Dupee, 

♦Except  Section  l.  Committee. 

t  Except  Section  3. 

%  Except  Section  4.  , , 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

Mr.  DeYoung  submitted  the  following  report: 

Your  Committee  on  Judicial  Department,  to  which  was  referred  Pio- 
posals  numbered  29,  56,  91,  132,  144,  222,  294,  317,  324,  reports  the  same  back 
with  a  substitute  therefor,  being  Proposal  No.  379,  a  proposal  entitled  Ju¬ 
dicial  Department.  ,  ,  .  . 

And  recommends  that  the  original  Proposals,  above  enumerated,  be 

rejected,  and  that  the  substitute  Proposal  No.  379  be  placed  on  the  General 
Orders 

(Signed)  C.  S.  Cutting, 

*A.  F.  Goodyear, 

*  John  L.  Dr  yer, 

♦Henry  I.  Green, 

♦David  E.  Mack, 

*S.  J.  Gee, 

Geo.  A.  Duptjy, 

Willard  M.  McEwen, 
Frederic  R.  DeYoung, 
Committee. 

♦Reserving  right  to  amend  Section  5,  or  file  minority  report  providing  for  7 
instead  of  9  Supreme  Court  justices. 


236  JOURNAL  OF  THE  [July  ,1, 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

At  the  hour  of  10:55  o’clock  p.  m.,  Mr-  Cutting  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And,  in  accordance  with  the  motion  heretofore  adopted,  the 
Convention  stood  adjourned  until  Tuesday,  July  6,  1920,  at  10 :00 
o’clock  a.  m. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


237 


TUESDAY,  JULY  6,  1920,  10:00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  W.  E.  Bennett,  of  the  First  Meth¬ 
odist  Episcopal  church,  of  McLeansboro. 

The  Journal  of  Wednesday,  June  30th,  having  been  printed  and 
placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up,  and,  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  on  the  Order  of  Eeports  of  Standing 
Committees : 

Mr.  Kerrick  submitted  the  following  minority  report: 

The  undersigned  members  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  being  a  minority  of  said  committee,  not  in  agreement  with  the 
report  of  the  majority  of  said  committee  as  to  Section  1  as  set  forth  in 
the  report  of  said  majority,  do  hereby  report  and  recommend  the  adoption 
of  Section  1,  as  hereinafter  set  forth,  being  Proposal  No.  380,  in  lieu  of  Sec¬ 
tion  1  as  set  forth  in  the  majority  report  of  said  committee. 

“Section  1.  The  General  Assembly  shall  provide  for  the  levy  of  taxes 
upon  all  property  by  valuation  so  that  every  person  and  corporation  shall 
pay  a  tax  in  proportion  to  the  value  of  his,  her  or  its  property.  Such  value 
shall  be  ascertained  by  some  person  or  persons  to  be  elected  or  appointed 
in  such  manner  as  the  General  Assembly  shall  direct,  and  not  otherwise, 
hut  the  General  Assembly  shall  have  power  to  levy  taxes  upon  franchises, 
privileges  and  occupations  uniform  as  to  the  class  upon  which  they  operate. 

“The  General  Assembly  shall  provide  that  concurrently  with  the  levy 
of  taxes  by  valuation  as  aforesaid  a  tax  shall  be  levied  upon  all  incomes 
from  whatever  source  derived.  Such  income  tax  shall  be  levied  at  an 
uniform  rate,  except  that  a  lower  rate  may  be  imposed  upon  incomes  de¬ 
rived  otherwise  than  from  property,  than  upon  incomes  derived  from  prop¬ 
erty. 

“Taxes  levied  on  property  by  valuation  and  paid  shall  be  deducted  from 
the  income  tax  derived  from  such  property  for  the  same  year.  Exemption 
of  taxation  of  net  incomes  derived  from  any  source  in  an  amount  not  ex¬ 
ceeding  $500  to  a  person  not  the  head  of  a  family  whose  total  net  income 
is  less  than  $1,000,  and  not  exceeding  $1,000  to  the  head  of  a  family  whose 
total  net  income  is  less  than  $2,000,  may  be  exempted  from  taxation.” 

(Signed)  T.  C.  Kerrick, 

Alvin  Warren, 

J.  J.  Brenholt,  Jr., 

Wm.  J.  Sneed, 

Minority  of  the  Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 

called  Mr.  Lindly  to  the  chair. 


238 


JOURXAL  OF  THE 


[July  6, 


2  the  words  “for  purposes  of 


And  at  the  hour  of  10:25  o’clock  a.  m.  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  report  of  the 
Committee  on  Public  Works  and  Improvements,  being  Proposal  Ko.  377. 
At  the  hour  of  4:22  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Lindly,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposal  ISTo.  377,  reported  the  same  hack,  together  witu 

the  following  amendments  thereto: 

Amend  Section  4  by  inserting  after  the  word  “State”  in  line  3  the  words 

“at  a  general  election”. 

Amend  Section  5  by  striking  out  in  line 
transportation  or”. 

Amend  Section  6  by  striking  out  in  line 
nance  and  preservation  thereof”,  and  in  line 

Amend  Section  6  by  adding  at  the  end  thereof  the  following:  Otherwise 
than  as  in  this  article  provided,  the  General  Assembly  shall  never  loan  t  e 
credit  of  the  State  or  make  appropriation  from  the  treasury  thereof,  m  aid 

of  canals  ., 

Amend  Section  7  by  adding  after  the  word  “power”  in  line  1  the  words 

“or  railway  or  terminal  purposes”. 

And  recommended  that  the  Proposal,  as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  in  and  Proposal  Ao. 
377  was  referred  to  the  Committee  on  Phraseology  and  Style. 

At  the  hour  of  4 :25  o’clock  p.  m.,  Mr.  Sutherland  moved  that  the 
Convention  do  now  adjourn  until  9  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


the  words  “for  the  mainte- 
the  words  “any  fund  other 


1920.] 


CONSTITUTIONAL  CONVENTION. 


239 


WEDNESDAY,  JULY  7,  1920,  9:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Pev.  W.  E.  Bennett,  of  the  First 
Methodist  Episcopal  Church,  of  McLeansboro. 

The  Journal  of  Thursday,  July  1,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken 
up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr.  Michaelson  presented  a  petition  from  citizens  of  Cook  County 
relative  to  the  reading  of  the  Bible  in  the  public  schools,  which  was 
referred  to  the  Committee  on  Bill  of  Rights. 

The  Convention  proceeding  on  the  order  of  Reports  of  Standing 

Committees. 

Mr.  Shuey  submitted  the  following  minority  report : 

The  undersigned  member  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  being  a  minority  of  said  committee,  not  in  agreement  with  the 
report  of  said  committee  as  to  section  one  as  set  forth  in  the  report  of  said 
majority,  do  hereby  report  and  recommend  the  adoption  of  section  one  as 
hereinafter  set  forth,  being  Proposal  No.  381,  in  lieu  of  section  one  as  set 
forth  in  the  majority  report  of  said  committee: 

The  General  Assembly  shall  have  power  to  levy  taxes  by  valuation  on 
all  property  in  this  State  uniform  as  to  persons  and  property  without  dis¬ 
crimination. 

The  General  Assembly  shall  have  power  to  levy  taxes  without  dis¬ 
crimination  as  to  persons  or  property  according  to  valuation  on  all  real 
estate  and  tangible  personal  property;  and  in  lieu  of  all  other  taxes  on 
intangible  personal  property,  and  General  Assembly  shall  have  power  (and 
in  case  no  other  taxes  are  levied  on  intangible  personal  property,  the 
General  Assembly  shall)  levy  an  income  tax,  at  a  rate  to  be  determined  by 
the  General  Assembly,  on  all  incomes  including  those  arising  out  of  property 
upon  which  the  income-taxpayer  shall  be  required  to  pay  ad  valorem  taxes. 

In  the  event  that  the  General  Assembly,  by  virtue  of  the  foregoing  pro¬ 
vision,  levy  an  income  tax  in  accordance  therewith  the  General  Assembly 
shall  provide  that  taxpayer  paying  ad  valorem  taxes,  shall  return  his  entire 
income,  including  income  arising  out  of  property  subject  to  ad  valo'i  em 
taxes,  and  that  such  taxpayer  may  deduct  the  amount  of  ad  valotem  taxes 
he  is  required  to  pay  from  that  part  of  his  income  taxes  computed  on  in¬ 
come  arising  out  of  property,  upon  which  he  is  required  to  pay  ad  valotem 

tclX6S. 

In  the  construction  of  the  provision  allowing  ad  valorem  taxes  to  be 
deducted  from  income  taxes  arising  out  of  property  upon  which  ad  valorem 
taxes  are  required  to  be  paid,  in  all  cases  where  it  is  impossible  to  determine 
whether  the  income  arises  out  of  such  property,  or  is  attributable  to  the 
personal  endeavors  of  the  taxpayer,  and  in  all  cases  where  the  income  aiises 
out  of  both  endeavor  and  such  property,  the  deduction  shall  be  allowed. 

The  General  Assembly  shall  also  have  power  to  impose  taxes  upon 
franchise  privileges  and  occupations  by  general  law  uniform  as  to  class 
upon  ■which  it  operates. 


240 


JOURNAL  OF  TRIE 


[July  7, 


Not  exceeding  five  hundred  dollars  to  a  person  not  the  head  of  a  family 
whose  total  net  income  is  less  than  one  thousand  dollars,  and  not  exceeding 
one  thousand  dollars  to  a  head  of  a  family  whose  total  net  income  is  less 
than  two  thousand  dollars,  may  be  exempted  from  income  tax. 

The  income  tax  levied  may  be  graduated,  but  the  rates  provided  for  by 
the  General  Assembly  must  be  graduated  only  according  to  amounts  of 
income  and  the  difference  in  rate  shall  not  be  greater  than  six  to  one. 

The  income  tax  shall  be  a  substantial  tax  and  shall  approximate  the 
ad  valorem  tax  burden. 

(Signed)  C.  A.  Shuey, 

Member  of  the  Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Mr.  Revel  1  called  up  the  matter  of  taking  a  recess  and  moved  that 
it  be  the  sense  of  the  Convention  that  a  recess  be  taken. 

Pending  discussion,  Mr.  Carlstrom  moved  as  a  substitute  that  the 
Convention  first  proceed  to  consider  the  reports  of  the  Committee  on 
Revenue,  Taxation  and  Finance;  Judiciary;  Chicago  and  Cook  County 
and  other  matters  on  the  General  Orders  now  before  the  Convention. 

The  question  being  on  the  substitute  motion,  a  call  of  the  roll  was 
had,  resulting  as  follows:  Yeas,  40;  nays,  39. 

Those  voting  in  the  affirmative  are :  Messrs. 


Barr 

Davis 

Hamill 

Nichols 

Sutherland 

Brenholt 

Dawes 

Hogan 

Rinaker 

Taff 

Carlstrom 

Dietz 

Jack 

Scanlan 

Tanner 

Chew 

Dunlap 

Lill 

Shanahan 

Torrance 

Clarke 

Dupuy,  G.  A. 

Lindly 

Shuey 

Traeger 

Coolley 

Gale 

McEwen 

Six 

Trautmann 

Corlett 

Gee 

Meinert 

Smith 

Wa  rren 

Cruden 

Gray 

Mills 

Stewart 

Mr.  President 

Yeas — 

Those  voting  in  the  negative  are : 

Messrs. 

Brewster 

Frole 

Ireland 

Michaelson 

Revell 

Corcoran 

Ganschow 

Jarman 

Mighell 

Sneed 

Cutting 

Garrett 

Johnson,  W.  A. 

Miller 

Todd 

De  Young 

Gilbert 

Kerrick 

Moore 

Wall 

Dryer 

Goodyear 

Kunde 

Morris 

Whitman 

Dupee,  E.  H. 

Gorman 

Latchford 

Paddock 

Wilson 

Elting 

Hollenbeck 

Lohman 

Parker 

Woodward 

Fifer 

Hull 

Mack 

Potts 

Nays — ! 

And  the  motion  prevailed. 

Mr.  Hamill  called  up  his.  motion,  heretofore  entered  on  June  24 
and  postponed  until  today,  to  reconsider  the  vote  by  which  the  Conven¬ 
tion  adopted  the  report  of  the  Committee  of  the  Whole  on  Legislative 
Department. 

Whereupon  Mr.  Barr  moved  that  further  consideration  of  said 
motion  be  deferred  until  a  later  date. 

Pending  consideration,  at  the  hour  of  11 :55  o’clock  a.  m.,  Mr. 
Gale  moved  that  the  Convention  do  iioav  take  a  recess  until  2 :00 
o’clock  p.  m. 

And  on  that  motion  a  division  was  had,  resulting  as  follows:  Yeas, 
35;  nays,  37. 

And  the  motion  was  lost. 

Pending  further  consideration,  at  the  hour  of  12  :30  o’clock  p.  m., 
Mr.  Dietz  moved  that  the  Convention  do  now  take  a  recess  until  2  :30 
o’clock  p.  m. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


241 


And  on  that  motion  a  division  was  had,  resulting  as  follows :  Yeas, 

41;  nays,  34. 

The  motion  prevailed. 

2:30  o'Clock  P.  M. 

The  hour  of  2:30  o'clock  p.  m.  having  arrived,  the  Convention 

resumed  its  session. 

The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess  being,  the 
motion  of  Mr.  Barr  to  defer  action  on  the  motion  to  reconsidei,  the 
same  was  again  taken  up. 

Whereupon,  Mr.  Barr,  by  unanimous  consent,  withdrew  his  motion. 
And  the  question  then  being  on  the  motion  of  Mr.  Hamill  to  recon¬ 
sider  the  vote  by  which  the  Convention  adopted  the  report  of  the  Com¬ 
mittee  of  the  Whole  on  Legislative  Department. 

It  was  decided  in  the  affirmative. 

Mr.  Barr  thereupon  moved  that  the  report  of  the  Committee  of  the 
Whole  on  Legislative  Department  be  now  placed  on  the  General  Orders. 
And  the  motion  prevailed. 

Mr.  Gale  moved  that  the  majority  and  minority  reports  of  the 
Committee  on  Pevenue,  Taxation  and  Finance  he  placed  on  the  General 
Orders. 

And  the  motion  prevailed. 

Mr.  Dupuy  moved  that  the  Convention  do  now  adjourn  until  Tues¬ 
day,  September  21,  1920,  at  10  :00  o'clock  a.  m. 

Mr.  Lindly  moved  to  amend  said  motion  by  striking  out  “Sep¬ 
tember  21"  and  inserting  in  lieu  thereof  “November  9." 

And  the  question  being  on  the  amendment,  it  was  decided  m  the 

negative. 

The  question  recurring  on  the  motion  of  Mr.  Dupuy,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  4-4;  nays,  35. 


Those  voting  in  the  affirmative  are : 

Messrs. 

Barr 

Dupee,  E.  H. 

Gorman 

Mack 

Shuey 

Brewster 

Dupuy,  G.  A. 

Gray 

McEwen 

Smith 

Clarke 

Elting 

Green 

Meinert 

Sneed 

Cutting 

Fifer 

Hollenbeck 

Michaelson 

Traeger 

Davis 

Frole 

Hull 

Miller 

Trautmann 

Dawes 

Gale 

Johnson,  W.  A. 

Mooire 

Wall 

De  Young 

Garrett 

Kerrick 

Morris 

Whitman 

Dietz 

Gilbert 

Latchford 

Paddock 

Wilson 

Dryer 

Goodyear 

Lohman 

Parker 

Yeas- 

16  C  J 


242 


JOURNAL  OF  THE 


[July  7, 


Those 

voting  in 

the  negative 

Brenholt 

Gee 

Lill 

Carlstrom 

Hamill 

Lindly 

Coolley 

Hog-an 

Mighell 

Corcoran 

Ireland 

Mills 

Corlett 

Jack 

Nichols 

Cruden 

Jarman 

Potts 

Ganschow 

Kunde 

Revell 

The  motion  prevailed. 

And  at  the  hour  of  3  :45  o’clock 
joumed  until  Tuesday,  September  21, 


Messrs. 


Rinaker 

Scanlan 

Shanahan 

Shaw 

Six 

Stewart 

Sutherland 


Taft 

Tanner 

Todd 

Torrance 

Warren 

Wolff 

Woodward 

Nays — 35. 


p.  m.,  the  Convention  stood  ad- 
1920,  at  10:00  o’clock  a.  m. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


243 


TUESDAY,  SEPTEMBER  21,  1920,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Abram  G.  Bergen,  ot  the  hirst 

Presbyterian  Church,  of  Springfield.  , 

The  Journal  of  Tuesday,  July  6,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up, 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  fol¬ 
lowing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  reports  the  follow¬ 
ing  resolution  and  recommends  its  adoption: 

Resolution  No.  29. 

Resolved ,  That  when  this  Convention  adjourns  today  it  adjourns  to  meet 
at  10:00  o’clock  a.  m.,  on  Monday,  November  8,  1920,  and  that  when  t 
Convention  meets  at  that  time  it  shall  sit  six  days  a  week,  and  the  President 
be  instructed  to  enforce  the  attendance  of  the  delegates. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

Mr.  Michal  offered  the  following  resolution  and  moved  its  adoption : 

Resolution  No.  30. 

Whereas,  It  is  very  generally  complained  of  and  charged  in  Chicago  and 
other  of  the  larger  centers  of  this  State,  by  the  patrons  of  State  banks,  t  a 
such  institutions,  are  systematically  violating  the  laws  ot  this  State,  t 
rate  of  interest  charges  by  demanding  not  only  the  maximum  interest  rates 
allowed  by  law,  but  under  the  guise  and  pretext  of  charging  commissions  or 
bonuses  for  securing  or  granting  loans,  are  exacting  in  many  instances  fi  om 
ten  to  twenty-five  per  cent  of  the  amounts  loaned. 

Whereas,  This  practice  tends  to  throw  unnecessary  burdens  on  business 
and  agriculture;  resulting  in  preventing  building  operations,  the  movement 
and  storing  of  crops,  the  employment  of  labor  in  industrial  lines  and  in 
keeping  up  the  present  high  cost  of  all  commodities  required  by  our  people. 
If  these  reports  are  true,  this  Convention  should  know  the  facts  so  as  to 
more  clearly  suggest  remedies  for  the  correction  of  this  evil. 

Therefore ,  he  it  Resolved,  That  the  President  be,  and  he  is  hereby 
directed,  to  appoint  a  committee  of  seven  members  of  this  body  to  fully 
investigate  the  subject  of  bank  loans  in  this  State,  and  report  to  this  bo  y 
its  findings,  conclusions  and  recommendations.  Said  committee  to  be  em¬ 
powered  to  compel  the  attendance  of  witnesses  by  subpoena  or  otheiwise, 
the  production  by  them  of  books  and  papers,  and  to  administer  oaths  and  to 
do  all  things  so  as  to  become  fully  advised  in  the  premises. 


244 


JOURNAL  OF  THE 


[Sept.  21, 


Pending1  consideration,  Mr.  Hamill  moved  to  lav  the  resolntion  on 
the  table. 

And  the  question  being  on  the  motion  to  table. 

It  was  decided  in  the  affirmative. 

The  Convention  proceeding  on  the  order  of  Reports  of  Standing 
Committees.  ° 

Mr.  O'Brien  submitted  the  following  report: 

Your  Committee  on  Miscellaneous  Subjects,  to  wbicb  was  referred 
Proposal  No.  224,  beg  leave  to  report  the  same  back  with  recommendation 
that  it  be  rejected. 


(Signed)  Martin  J.  O’Brien, 

Watts  A.  Johnson, 

E.  B.  Coolley, 

Henry  W.  Meinert, 
Herbert  F.  Lull, 

M.  A.  Michaelson, 

Geo.  F.  Lohman, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 


Mr.  O'Brien  submitted  the  following  further  report: 

Your  Committee  on  Miscellaneous  Subjects,  to  which  was  referred 
Proposals  No.  142  and  215,  beg  leave  to  report  the  same  back  with  a  substi¬ 
tute  therefor,  as  follows,  being  Proposal  No.  382  “A  Proposal  relative  to 
amendments  to  the  Federal  Constitution.” 

Resolved,  That  the  following  shall  become  part  of  the  Constitution  of 
Illinois: 


TV  henever  the  Congress  of  the  United  States  shall  by  appropriate  reso¬ 
lution,  propose  an  amendment  to  the  Federal  Constitution,  such  resolution 
shall  be  filed  and  remain  in  the  office  of  the  Governor  until  after  the  mem- 
hers  of  the  next  General  Assembly  shall  have  been  elected. 

TT  hen  pursuant  to  law  and  this  election,  the  General  Assembly  shall 
have  been  organized,  the  Governor  shall  present  such  resolution  and  pro¬ 
posed  amendment  for  consideration.” 

-And  recommend  that  the  same  be  placed  on  the  general  orders. 

(Signed)  Martin  J.  O’Brien, 

Wm.  T.  Hollenbeck, 
Rodney  H.  Brandon, 

E.  B.  Coolley, 

H.  W.  Meinert, 

M.  A.  Michaelson, 

Geo.  F.  Lohman, 

Herbert  T.  Lull, 

J.  H.  Paddock, 

S.  E.  Pixctjs, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Mr.  Green  moved  that  the  Secretary  be  instructed  to  print  in 
pamphlet  form  all  reference  proposals  now  pending  before  the  Conven¬ 
tion. 

Mr.  Michal  moved  to  lay  the  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in  the 
negative. 

The  question  recurring  on  the  motion  of  Mr.  Green,  it  was  decided 
in  the  affirmative. 


CONSTITUTIONAL  CONVENTION. 


245 


1920.] 


At  the  hour  of  11 :05  o'clock  a.  m.,  Mr.  Green  moved  that  the  Com 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  in  accordance  with  the  resolution  heretofore  adopted,  the  Con¬ 
vention  stood  adjourned  until  Monday,  November  8,  1920,  at  10:00 
o'clock  a.  m. 


/ 


246 


JOURNAL  OF  THE 


[Xov.  8, 


MOXDAY,  NOVEMBER  8,  1920,  10:00  O'CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The'  President  presiding. 

Prayer  was  offered  by  the  Eev.  M.  P.  Botmton,  of  the  Woodlawn 
Baptist  Church,  of  Chicago. 

The  Journal  of  Wednesday,  July  7,  having  been  printed  and  placed 
on  the  desk  of  the  delegates,  as  provided  under  the  rules,  was  taken  up, 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr.  Paddock  offered  the  following  resolution  and  moved  its  adop¬ 
tion  : 

Resolution  No.  31. 

Whereas.  The  members  of  the  Constitutional  Convention  have  learned 
with  the  deepest  regret  of  the  death  of  the  Hon.  Clinton  L.  Conkling,  at 
Springfield,  Illinois,  on  the  twelfth  day  of  October,  1920;  and 

Whereas.  Mr.  Conkling  at  the  time  of  his  death  was  an  honored  and 
respected  member  of  this  Convention  from  the  forty-fifth  senatorial  district; 

and  Whereas,  We  desire  to  note  that  Mr.  Conkling  was  horn  in  Sangamon 
County  in  1843,  and  that  he  has  been  a  resident  thereof  all  his  life;  that  at 
the  time  of  his  death  he  was  the  oldest  and  leading  member  of  the  bar  of 
that  county;  and  that  he  took  an  active  interest  in  all  political,  civic  and 
religious  matters  affecting  the  people  among  whom  he  lived;  now,  there¬ 
fore  be  it 

Resolved,  That  we  express  our  esteem  and  respect  for  the  honored  dead, 
and  our  sympathy  for  those  to  whom  the  sorrow  of  his  death  is  most  keen, 

and,  be  it  further  . 

Resolved,  That  we  express  our  deep  regret  at  the  loss  of  one  of  our  most 

useful  and  respected  associates,  and  at  the  loss  to  the  State  of  Illinois  and 
his  community  of  an  honored  and  respected  citizen;  and,  he  it  further 

Resolved,  That  this  preamble  and  resolution  be  spread  upon  the  records 
of  this  Convention;  that  a  suitably  engrossed  copy  thereof  be  sent  to  the 
members  of  the  bereaved  family;  and  that  as  a  further  mark  of  respect  to 
his  memory  the  Convention  do  now  adjourn. 

The  resolution  was  unanimously  adopted  by  a  rising  vote.  and,,  in 
accordance  therewith,  at  the  hour  of  10  :45  o  clock  a.  m.,  the  Convention 
stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


247 


TUESDAY,  NOVEMBER  9,  1920,  10 :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding.  .. 

Prayer  was  offered  by  the  Rev.  M.  P.  Boynton,  of  the  V  oodlawn 

Baptist  Church,  of  Chicago.  .  .  ,  ,  , 

The  Journal  of  Tuesday,  September  21,  having  been  printed  and 

placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  fol¬ 
lowing  report  from  the  Committee  on  Pules  and  Procedure,  to-wit . 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  suggests  the 
adoption  of  the  following  schedule  and  order  for  consideration  of  committee 

reports  in  Committee  of  the  Whole.  .  , 

Beginning  Tuesday  morning,  November  9th,  committee  reports  m  the 

following  order: 

1st:  Revenue,  Taxation  and  Finance. 

2nd:  Initiative,  Referendum  and  Recall. 

3rd:  Judicial  Department. 

4th:  Chicago  and  Cook  County.  » 

Upon  agreement  between  the  Delegates  having  under  consideration  of 
the  subject  of  legislative  apportionment,  the  foregoing  schedule  and  calen¬ 
dar  will  yield  place  to  conform  with  their  report,  for  any  specmc  time  agreed 

P  Otlfer  committee  reports  and  propositions  remaining  undisposed  of  will 
be  put  upon  the  calendar  by  subsequent  order  or  when  reached  at  the  con¬ 
clusion  of  the  foregoing  schedule. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 
It  was  decided  in  the  affirmative. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Gale  to  the  chair. 

And  at  the  hour  of  10:10  o'clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  the  three  reports  from 
the  Committee  on  Revenue,  Taxation  and  Finance,  being  Proposals 

numbered  378,  380  and  381.  ... 

At  the  hour  of  5:40  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding.  j  _  ^  ,  .. 

Mr.  Whitman  from  the  Committee  of  the  Whole  reported  that  the 

committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  m. 


248 


JOURiSTAL  OF  THE 


[Xov.  9, 


At  the  hour  of  o  .43  o  clock  p.  m.,  Mr.  Trautmann  moved  that  the 
Convention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


249 


WEDNESDAY,  NOVEMBER  10,  1920,  9  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  M.  P.  Boynton,  of  the  Woodlawn 

Baptist  Church,  of  Chicago.  ,  ,  ...  , 

The  Journal  of  Monday,  November  8,  having  been  printed  and 

placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 


General  Orders. 


The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Gale  to  the  chair. 

And  at  the  hour  of  9  :05  o’clock  A.  M.,  the  Convention  went  into 
Committee  of  the  Whole,  for  the  further  consideration  of  the  three 
reports  from  the  Committee  on  Revenue,  Taxation  and  Finance,  being 

Proposals  numbered  378,  380  and  381. 

At  the  hour  of  12 :32  o’clock  P.  M.,  the  Convention  resumed  its 


session. 

The  President  presiding.  # 

Mr.  Whitman  from  the  Committee  of  the  Whole,  reported  that  the 
Committee  had  made  progress  and  asked  leave  to  sit.  again. 

And  the  report  of  the  Committee  was  concurred  m.  . 

The  President,  as  Chairman,  laid  before  the  Convention  the  follow  - 
ing  report  from  the  Committee  on  Pules  and  Procedure,  to-wit : 


Committee  Report. 

Your  Committee  on  Rules  and  Procedure  recommends  that  upon  the 
convening  of  the  Convention  tomorrow  morning  at  nine  o  clock  appropriate 
exercTses  in  commemoration  of  Armistice  Day  be  held  and  that  General 
Davis,  Captain  Carlstrom  and  Lieutenant  Six  be  invited  to  address  the  Co 

ventyo  ^CommitTee  further  recommends  that  the  President  send  invita¬ 
tions  to  the  Grand  Army  of  the  Republic,  Spanish  American  War  Vetei- 
ans,  the  Woman’s  Relief  Corps,  the  American  Legion,  the  Daughters  of  the 
American  Revolution,  the  Chamber  of  Commerce  of  |Pr  ngfield  and  all 
elective  officers  of  the  Executive  Department  of  the  State  whose  offices 
are  in  Springfield,  to  attend  the  exercises,  and  that,  through  the  public 
press,  an  invitation  be  extended  to  the  public  generally  to  be  present  at 

such  ^exercises^^^  on  the  a,l0ption  of  the  report  of  the  Committee. 

It  was  decided  in  the  affirmative.  . 

At  the  hour  of  12:35  o’clock  P.  M.,  Mr.  Lmdly  moved  that  the 

Convention  do  now  take  a  recess  until  2 :00  o’clock  P.  M. 

And  the  motion  prevailed. 


250 


JOURNAL  OF  THE 


[Yov.  10, 


2  :00  o'Clock  P.  M. 


The  hour  of  2  :00  o’clock  P.  M.  having  arrived  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Whitman  to  the  chair. 

And  at  the  hour  of  2  :03  o’clock  P.  M.,  the  Convention  again  went 
into  Committee  of  the  Whole,  for  the  further  consideration  of  the 
reports  from  the  Committee  on  Revenue,  Taxation  and  Finance. 

At  the  hour  of  6  :32  o’clock  P.  M.  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  Whitman,  from  the  Committee  of  the  Whole,  reported  that  the 
Committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  Committee  was  concurred  in. 

The  Convention  again  proceeding  on  the  Order  of  Reports  of  stand¬ 
ing  committees. 

Mr.  DeYoung  submitted  the  following  report: 

Your  Committee  on  Judicial  Department  to  which  was  referred  Pro¬ 
posals  numbered  29,  56,  91,  132,  144,  222,  294,  317  and  324,  and  having  hereto¬ 
fore,  on  July  1,  reported  the  same  back  with  a  substitute  therefor,  being 
Proposal  No.  379,  now  reports  an  additional  Proposal  as  a  substitute  for  all, 
being  Proposal  No.  383,  a  Proposal  entitled  Judicial  Department. 

And  recommends  that  the  same  be  placed  on  the  General  Orders. 

(Signed)  Fredeeic  R.  DeYoung, 


Willard  M.  McEwen, 
Sylvester  J.  Gee, 
George  A.  Dupuy, 
Charles  S.  Cutting, 

A.  F.  Goodyear, 
Henry  I.  Green, 

D.  E.  Mack, 

B.  H.  Garrett, 


Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

At  the  hour  of  6  :35  o’clock  P.  M.,  Mr.  Sutherland  moved  that  the 
Convention  do  now  take  a  recess  until  8:00  o’clock  P.  M. 

Mr.  DeYoung  moved  as  a  substitute  that  the  Convention  do  now 
adjourn  until  9  :00  o’clock  A.  M.,  tomorrow. 

The  question  being  on  the  adoption  of  the  substitute  it  was  decided 
in  the  affirmative. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


251 


THURSDAY,  NOVEMBER  11,  1920,  9 :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding.  .  ,  ,,  w 

Prayer  was  offered  by  the  Rev.  M.  P.  Boynton,  of  the  V  oodlav  n 

Baptist  Church,  of  Chicago.  .  .  ,  i 

[  The  Journal  of  Tuesday,  November  9,  having  been  printed 

placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  jas 

taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

Special  Exercises. 

In  accordance  with  the  special  order  entered  on  yesterday,  appro¬ 
priate  exercises  were  held  in  commemoration  of  Armistice  Da) 
which  the  following  Delegates  addressed  the  Convention: 

Captain  Oscar  E.  Carlstrom. 

General  Abel  Davis.  .  .  i-  „ 

The  Convention  proceeding  on  the  Order  of  Reports  of  Standing 

Mr  Mack,  from  the  Committee  on  Revenue,  Taxation  and  Finance, 
submitted  a  minority  report,  being  Proposal  No.  S8-Ea  proposal  rela¬ 
tive  to  sections  5,  6  and  7  of  Proposal  No.  383,  entitled  Judicial  De- 

Pa  The  report  was  ordered  printed  and  to  lie  on  the  table. 

At  the  hour  of  12:32  o’clock  p.  m.,  Mr.  Gale  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2:00  o'Clock  P.  M. 

The  hour  of  2:00  o’clock  p.  m.  having  arrived,  the  Convention 
resumed  its  session. 

Mr.  Gale  moved  that  the  amended  section  1  of  Proposal  No.  3.  , 
together  with  the  proposed  substitute  and  all  pending  amendments,  be 
recommitted  to  the  Committee  on  Revenue,  Taxation  and  Finance  for 

further  consideration. 

And  the  motion  prevailed. 

The  Convention  again  proceeding  on  the  Order  of  Reports  of  Stan  - 

Mr.  Gale  from  the  Committee  on  Revenue,  Taxation  and  I  < 
reported  back  the  following  as  a  substitute  for  section  1  of  Proposa 

Sectiox  1.  The  power  of  taxation  shall  never  be  surrendered,  sus 
pended,  or  contracted  away.  All  taxes  shall  he  levied  and  collected  unc  c 


252 


JOURNAL  OF  THE 


[Nov.  11, 


general  law  and  for  public  purposes  only.  The  General  Assembly  shall  pro¬ 
vide  for  the  levy  of  taxes  upon  property  by  valuation  so  that  every  person 
and  corporation  shall  pay  a  tax  in  proportion  to  the  value  of  his,  her  or  its 
property,  such  value  to  be  ascertained  by  some  person  or  persons  to  be 
elected  or  appointed  in  such  manner  as  the  General  Assembly  shall  direct 
and  not  otherwise. 

Taxes  may  be  levied  also  on  incomes;  if  the  income  tax  be  graduated 
and  progressive  the  highest  rate  shall  not  exceed  six  times  the  lowest  rate; 
and  not  exceeding  $500  to  a  person  not  the  head  of  a  family  whose  total 
net  income  is  less  than  $1,000  and  not  exceeding  $1,000  to  the  head  of  a 
family  whose  total  net  income  is  less  than  $2,000  may  be  exempted  from 
income  tax.  Taxes  levied  by  valuation  upon  property  in  this  State  and  paid 
shall  be  deducted  from  the  tax  on  income  derived  therefrom  by  the  person 
or  corporation  paying  such  property  tax. 

In  lieu  of  any  property  tax  thereon,  the  General  Assembly  may  provide 
a  tax  on.  income  derived  from  any  personal  property  in  which  case  the  rate 
of  such  income  tax  shall  be  a  uniform  real  and  substantial  tax,  and  there 
shall  be  no  exemptions  therefrom  except  as  provided  in  section  3  of  this 
article. 

Taxes  may  also  be  levied  on  privileges,  franchises  and  occupations 
uniform  as  to  class. 

The  above  specifications  of  the  objects  and  subjects  of  taxation  shall  not 
deprive  the  General  Assembly  of  the  power  to  require  other  objects  or  sub¬ 
jects  to  be  taxed  in  such  manner  as  may  be  consistent  with  the  principles 
of  taxation  fixed  in  this  Constitution. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Mr.  Gale  called  up  the  report  of  the  Committee  on  Revenue,  Tax¬ 
ation  and  Finance  with  reference  to  section  1  of  Proposal  No.  378,  and 
the  same  having  been  printed,  moved  that  it  be  placed  on  the  General 
Orders. 

And  the  motion  prevailed. 

Mr.  Hamill  raised  the  point  of  no  quorum  and  thereupon  a  call  of 
the  Convention  was  had  resulting  as  follows:  Present  65. 

Answering  present:  Messrs. 


Barr 

Dunlap 

Hamill 

Meinert 

Shuey 

Beckman 

Dupuy,  G.  A. 

Hogan 

Mighell 

Six 

Brandon 

Elting 

Hull 

Miller 

Stewart 

Brenholt 

Fifer 

Jack 

Mills 

Sutherland 

Carlstrom 

Frole 

Jarman 

Moore 

Taff 

Clarke 

Fyke 

Johnson,  L.  C. 

Nichols 

Tanner 

Coolley 

Gale 

Johnson,  W.  A. 

Paddock 

Trautmann 

Corcoran 

Garrett 

Kerrick 

Parker 

Wall 

Cruden 

Gee 

Lill 

Quinn 

Warren 

Davis 

Gilbert 

Lindly 

Rinaker 

Whitman 

Dawes 

Goodyear 

Mack 

Scanlan 

Woodward. 

De  Young 

Gray 

McEwen 

Shanahan 

Mr.  President 

Dietz 

Green 

McGuire 

Shaw 

Dove  Present — 65. 

Preceding  the  roll  call  the  following  delegates  were  excused  from 
attendance  at  the  Convention  on  account  of  sickness,  Messrs:  Chew, 
Traeger,  Dryer,  Sneed,  Morris,  Todd,  Cutting,  Gorman,  Corlett  and 
O’Brien. 

The  President  announced  that  a  quorum  was  present  and  called  Mr. 
Whitman  to  the  chair. 

Whereupon  at  the  hour  of  2  :20  o’clock  p.  m.,  the  Convention  went 
into  Committee  of  the  Whole  for  the  further  consideration  of  the  reports 
of  the  Committee  on  Revenue,  Taxation  and  Finance. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


253 


At  the  hour  of  6 :02  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Whitman  from  the  Committee  of  the  Whole  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  6  :25  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


254 


JOURNAL  OF  THE 


[Xov.  12, 


FRIDAY,  NOVEMBER  12,  1920,  9  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  M.  P.  Boynton,  of  the  Woodlawn 
Baptist  Church,  of  Chicago. 

The  Journal  of  Wednesday,  November  10,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders  the  President 
called  Mr.  Whitman  to  the  chair. 

And  at  the  hour  of  9  :15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole,  for  the  further  consideration  of  the  reports 
from  the  Committee  on  Revenue,  Taxation  and  Finance. 

At  the  hour  of,  12 :47  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Whitman,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

By  unanimous  consent,  upon  their  request,  Messrs.  Dupuy  and  Wood¬ 
ward  were  excused  from  attendance  at  the  Convention  on  next  Monday. 

At  the  hour  of  12  :50  o’clock  p.  m.,  Mr.  Gale  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

Mr.  Miller  moved  as  a  substitute  that  the  Convention  do  now  ad¬ 
journ  until  Monday,  November  15,  1920,  at  3  :00  o’clock  p.  m. 

The  motion  prevailed. 

The  question  being  on  the  adoption  of  the  substitute. 

It  was  decided  in  the  affirmative  and  the  Convention  stood  ad¬ 
journed. 


1920.] 


CONSTITUTIONAL  CONVENTION . 


255 


MONDAY,  NOVEMBER  15,  1920,  3:00  O’CLOCK  P.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Abram  G.  Bergen,  of  the  First  Pies- 

bvterian  Church,  of  Springfield.  .  .  ,  ,  A 

The  Journal  of  Thursday,  November  11,  having  been  printed  and 

placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  uas 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  Prebident 

called  Mr.  W  hitman  to  the  chair.  ,  •  . 

And  at  the  hour  of  3  :20  o’clock  p.  m.,  the  Convention  went  into 

Committee  of  the  Whole  for  the  further  consideration  of  the  reports 
from  the  Committee  on  Revenue,  Taxation  and  Finance. 

At  the  hour  of  10:32  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding.  ,,,,,,, 

Mr.  Whitman  from  the  Committee  of  the  W  hole,  reported  that  the 

Committee  had  had  under  consideration  sections  2  and  3  of  Proposal 
No  378  and  recommended  that  section  2  of  said  Proposal  be  recom¬ 
mitted  to  the  Committee  on  Revenue,  Taxation  and  Finance  for  further 

consideration^  ^  ^  committee  was  concurred  in  and  section  2  was 

recommitted  to  the  Committee  on  Revenue,  Taxation  and  police 

At  the  hour  of  10 :35  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


256 


JOURNAL  OF  THE 


[Nov.  16, 


TUESDAY,  NOVEMBER  16,  1920,  9:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  ottered  by  the  Rev.  Abram  G.  Bergen,  of  the  First 
Presbyterian  Church,  of  Springfield. 

The  Journal  of  Friday,  November  12,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 


General  Orders. 

n  C°Uventlcm  Proceeding  on  the  General  Orders,  the  President 
called  Mr.  Whitman  to  the  chair. 

And  at  the  hour  of  9  :10  o’clock  a.  m.,  the  Convention  went  into 
ommittee  of  tlie  Whole  for  the  further  consideration  of  the  reports 
from  the  Committee  on  Revenue,  Taxation  and  Finance. 

.  ^  ^le  h°lir  of  5 :22  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  V  hitman  from  the  Committee  of  the  Whole  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  5  :35  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  8  :00  o’clock  p.  m. 

Mr.  Hamill  moved  as  a  substitute  that  the  Convention  do  now  ad¬ 
journ  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  question  being  on  the  adoption  of  the  substitute  motion  a 
division  was  had  resulting  as  follows:  Yeas,  39;  nays,  19. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


CONSTITUTIONAL  CONVENTION. 


257 


1920.1 


WEDNESDAY,  NOVEMBER  17,  1920,  9:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Abram  0.  Bergen,  of  the  First  Pres¬ 
byterian  Church,  of  Springfield. 

The  Journal  of  Monday,  November  15,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Whitman  to  the  chair. 

And  at  the  hour  of  9  :05  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  reports  from 
the  Committee  on  Revenue,  Taxation  and  Finance. 

At  the  hour  of  5 :02  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Whitman,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  Latchford  moved  that  the  consideration  of  the  report  of  the 
Commiftee  on  Initiative,  Referendum  and  Recall  next  on  the  General 
Orders  be  postponed  until  Monday,  November  22,  1920. 

Mr.  Hamill  moved  as  a  substitute  that  the  consideration  of  the 
report  of  the  Committee  on  Initiative,  Referendum  and  Recall  be  post¬ 
poned  until  the  report  of  the  Committee  on  Judicial  Department  is 
disposed  of. 

The  question  being  on  the  adoption  of  the  substitute  motion,  it  was 
decided  in  the  affirmative. 

Geenral  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  DeYoung  to  the  chair. 

And  at  the  hour  of  5  :10  o’clock  p.  m.,  the  Convention  again  went 
into  Committee  of  the  Whole  for  the  consideration  of  the  reports  from 
the  Committee  on  Judicial  Department,  being  Proposals  numbered  383 

and  384. 

At  the  hour  of  6 :28  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

—17  C  J 


258 


l 

JOUKXAL  OF 


THE 


[Xov.  17, 


Mr.  Cutting,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  6:30  o’clock  p.  m.,  Mr.  Sutherland  moved  that  the 
Convention  do  now  take  a  recess  until  8  :00  o’clock  p.  m. 

Mr.  Green  moved  as  a  substitute  that  the  Convention  do  now 
adjourn  until  9  :00  o’clock  a.  m.  tomorrow. 

The  question  being  on  the  adoption  of  the  substitute. 

It  was  decided  in  the  affirmative. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


259 


THURSDAY,  NOVEMBER  18,  1920,  9  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Abram  G.  Bergen,  of  the  Eust  Pres¬ 
byterian  Church,  of  Springfield.  .  .  ,  ,  , 

The  Journal  of  Tuesday,  November  16,  having  been  printed  and 

placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 

called  Mr.  Cutting  to  the  chair.  .  . 

And  at  the  hour  of  9:05  o’clock  a.  m.,  the  Convention  vent  into 

Committee  of  the  Whole,  for  the  further  consideration  of  the  reports 

from  the  Committee  on  Judicial  Department,  being  Proposals  numbered 

383  and  384.  .. 

At  the  hour  of  7:06  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Cutting,  from  the  Committee  of  the  Whole,  reported  that  the 

committee  had  made  progress  and  asked  lea^  e  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

The  Convention  again  proceeding  on  the  Order  of  Reports  of  Stands 

ing  Committees: 

Mr.  Hull  submitted  the  following  report : 

Your  Committee  on  Chicago  and  Cook  County,  to  which  was  referred 

Proposals  numbered  21,  22,  55,  111,  159,  178,  290,  296,  3o0.  . 

Reports  the  same  back  with  a  substitute  therefor,  being  Proposal  No. 

385,  a  proposal  concerning  Chicago  and  Cook  County. 

And  recommends  that  the  original  proposals,  above  enumerated,  be  re¬ 
jected,  and  that  the  substitute  Proposal  No.  385,  be  placed  on  the  General 

Orders 

(Signed)  Morton  D.  Hull, 

Amos  C.  Miller, 

Douglas  Sutherland. 
Charles  Wood^vard, 

W.  A.  Wall, 

A.  M.  Smith, 

Frank  J.  Quinn, 

Oscar  E.  Carlstrom, 

John  E.  Traeger, 

Elam  L.  Clarke, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 


260 


JOURNAL  OP  THE 


[Nov.  18, 


At  the  hour  of  7  :07  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn  until  3  :00  o’clock  p.  m.,  Monday,  November 
22,  1920. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


261 


MONDAY,  NOVEMBER  22,  1920,  3  :00  O’CLOCK  P.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  W.  S.  Phillips,  of  the  Methodist 
Episcopal  Church,  of  Carlinville. 

The  Journal  of  Wednesday,  November  17,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Cutting  to  the  chair. 

And  at  the  hour  of  3:10  o’clock  p.  in.,  the  Convention  went  into 
Committee  of  the  Whole,  for  the  further  consideration  of  the  reports 
from  the  Committee  on  Judicial  Department,  being  Proposals  num¬ 
bered  383  and  384. 

At  the  hour  of  4:02  o’clock  p.  m.,  the  Convention  resumed  its  ses¬ 
sion. 

The  President  presiding. 

Mr.  DeYoung,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Dove  to  the  chair. 

And  at  the  hour  of  4:05  o’clock  p.  m.,  the  Convention  again  went 
into  Committee  of  the  Whole  for  the  consideration  of  the  reports  from 
the  Committee  on  Initiative,  Referendum  and  Recall  being  Proposals 
numbered  367,  368,  371,  and  the  report  of  Mr.  Dove  presented  May  20. 

At  the  hour  of  11:10  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Dove  from  the  Committee  of  the  Whole  reported  that  the  com¬ 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  Shanahan  moved  that  when  the  Convention  adjourns  today,  it 
stand  adjourned  until  9  :00  o’clock  a.  m.,  tomorrow. 

And  the  motion  prevailed. 

Mr.  Dupuy  offered  the  following  resolution  and  move  its  adoption : 


262 


JOURNAL  OF  THE 


[Xov.  22, 


Resolution  No.  32. 

Wheeeas,  The  Convention  has  learned  this  day  of  the  death  of  the 
beloved  wife  of  Mr.  Charles  S.  Cutting,  a  delegate  to  this  Convention;  there¬ 
fore,  be  it 

Resolved,  That  we  hereby  express  to  Mr.  Cutting  our  profound  sorrow 
at  the  loss  of  his  beloved  wife  and  extend  to  him  and  to  the  members  of  his 
bereaved  family  our  deep  and  earnest  sympathy;  and,  be  it  further 

Resolved,  That  this  memorial  be  entered  upon  the  records  of  the  Con¬ 
vention;  that  a  suitably  engrossed  copy  be  transmitted  to  Mr.  Cutting  and  as 
a  further  mark  of  respect  that  the  Convention  do  now  adjourn. 

The  resolution  was  unanimously  adopted  by  a  rising  vote  and  in 
accordance  with  the  motion  heretofore  adopted  the  Convention  stood 
adjourned  until  9  :00  o'clock  a.  m.,  tomorrow. 


t 


1920.] 


CONSTITUTIONAL  CONVENTION. 


263 


TUESDAY,  NOVEMBER  23,  1920,  9:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  W.  S.  Phillips,  of  the  Methodist 

Episcopal  Church,  of  Carlinville.  .  . 

The  Journal  of  Thursday,  November  18,  having  been  printed  and 

placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  appioved. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 

called  Mr.  Dove  to  the  chair.  *  .  , 

\nd  at  the  hour  of  9  :15  o’clock  a.  m.,  the  Convention  went  into 

Committee  of  the  Whole,  for  the  further  consideration  of  the  reports 
from  the  Committee  on  Initiative,  Beferendum  and  Becall  being  Pro 
posals  numbered  367,  368,  371  and  the  report  presented  by  Mr.  Dove 

°n  M\t  the  hour  of  10 :42  o’clock  a.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding.  , 

Mr.  Dove  from  the  Committee  of  the  V  hole  reported  that  the 

committee  recommended  the  rejection  of  Proposals  numbered  367,  368 
and  371  and  the  adoption  of  the  minority  report  submitted  to  the  Con¬ 
vention  on  May  20,  1920,  which  report  is  m  words  as  follows:  That  no 
Proposal  or  provision  for  the  Initiative  Referendum  and  Becall  be  in¬ 
corporated  in  the  Constitution  of  1920. 

1  \nd  the  question  being  on  the  adoption  of  the  report  of  the  Com- 
mitte’  of  the  Whole,  a  call  of  the  roll  was  had,  resulting  as  follows: 

Yeas,  54;  nays,  21. 

Those  voting  in  the  affirmative  are: 

~  *  Hollenbeck 


Barr 

Brenholt 

Brewster 

Carey 

Coolley 

Corlett 

Cruden 

Dawes 

De  Young 

Dove 

Dunlap 


Dupuy,  G.  A. 
Fifer 

Fyke 

Gale 
Gee 
Gilbert 
Goodyear 
Gray 
Green 
Ham  ill 
Hogan 


Hull 
Ireland 
Jack 
Jarman 
Johnson,  L.  C. 
Johnson,  W.  A. 
Kerrick 
Lill 
Lindly 
McGuire 


Messrs. 

Meinert 

Mighell 

Miller 

Mills 

Moore 

Nichols 

Paddock 

Parker 

Quinn 

Pinaker 

Shanahan 


Shaw 

Sutherland 

Taf¥ 

Tanner 

Todd 

Trautmann 

Wall 

Warren 

Wilson 

Mr.  President 

Yeas — 54. 


264: 


JOURNAL  OF  THE 


[Xov.  23, 


Those  voting  in  the  negative  are:  Messrs. 


Baldwin 

Elting 

Kunde 

Michaelson 

Scanlan 

Carlstrom 

Frole 

Latchford 

O’Brien 

Traeger 

Clarke 

Ganschow 

Lohman 

Pincus 

Whitman 

Corcoran 

Dupee,  E.  H. 

Iarussi 

McEwen 

Potts 

Wolff 

Nays — 21. 

And  the  report  was  adopted. 

Mr.  Michaelson,  thereujion,  moved  that  the  Convention  do  now  ad¬ 
journ  sine  die. 


And  on  that  motion  a  call  of  the  roll  was  had,  resulting  as  follows : 
Yeas,  9 ;  nays,  65. 


Those 

voting  in  the  affirmative  are: 

Messrs. 

Corcoran 

Ganschow 

Kunde 

Michaelson 

Wolff 

Frole 

Iarussi 

Lohman 

Potts 

Yeas — 

Those  voting  in  the  negative  are:  Messrs. 

Baldwin 

Dunlap 

Hogan 

McGuire 

Shanahan 

Barr 

Dupee,  E.  H. 

Hollenbeck 

Meinert 

Shaw 

Brenholt 

Dupu3r,  G.  A. 

Hull 

Mighell 

Sutherland 

Brewster 

Elting 

Ireland 

Miller 

Taff 

Carey 

Fifer 

Jack 

Mills 

Tanner 

Carlstrom 

Fyke 

Jarman 

Moore 

Todd 

Clarke 

Gale 

Johnson,  L.  C. 

Nichols 

Traeger 

Coolley 

Gee 

Johnson,  W.  A. 

O’Brien 

Trautmann 

Corlett 

Gilbert 

Kerrick 

Paddock 

Wall 

Cruden 

Goodyear 

Latchford 

Parker 

Warren 

Dawes 

Gray 

Lill 

Quinn 

Whitman 

De  Young1 

Green 

Lindly 

Rinaker 

Wilson 

Dove 

Hamill 

McEwen 

Scanlan 

Mr.  President 

Nays — 65. 


And  the  motion  was  lost. 


General  Orders. 

The  Convention ‘proceeding  on  the  General  Orders,  the  President 
called  Mr.  Hull  to  the  chair. 

And  at  the  hour  of  10:55  o’clock  a.  m.,  the  Convention  again  went 
into  Committee  of  the  Whole  for  the  consideration  of  the  report  from 
the  committee  on  Chicago  and  Cook  County  being  Proposal  Ho.  385. 

At  the  hour  of  6 :02  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Wilson,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

The  Convention  again  proceeding  on  the  Order  of  Eeports  of  Stand¬ 
ing  Committees. 

Mr.  Dupuy  submitted  the  following  report : 

Your  Committee  on  Schedule,  to  which  was  referred  Proposal  numbered 
297  entitled,  a  Proposal  to  amend  Schedule  of  Constitution  of  1870. 

Reports  the  same  back,  and  recommends  that  it  be  rejected. 

(Signed)  George  A.  Dupuy. 

Phillip  E.  Eltixg, 

A.  E.  Taff, 

,  W.  E.  Tkautmayx, 

A.  H.  Mills. 

Committee. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


265 


The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table. 

At  the  hour  of  6  :05  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


266 


JOURNAL  OF  THE 


[Nov.  24, 


WEDNESDAY,  NOVEMBER  24,  1920,  9  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  W.  S.  Phillips,  of  the  Methodist 
Episcopal  Church,  of  Carlinville. 

The  Journal  of  Monday,  November  22,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 


General  Orders. 


The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Wilson  to  the  chair. 

And  at  the  hour  of  9  :25  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole,  for  the  further  consideration  of  the  report  from 
the  Committee  on  Chicago  and  Cook  County,  being  Proposal  No.  385. 
At  the  hour  of  10:55  o’clock  a.  m.,  the  Convention  resumed  its 


session. 

The  President  presiding. 

Mr.  Wilson,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

The  Convention  again  proceeding  on  the  Order  of  Reports  of 
Standing  Committees : 

Mr.  Hamill  submitted  the  following  report : 

Your  Committee  on  Phraseology  and  Style,  to  which  was  referred  a 
proposal  regulating  warehouses  (Introduction  No.  372,  Reference  No.  11)  as 
amended  in  Committee  of  the  Whole,  respectfully  reports  that  it  has  con¬ 
sidered  such  proposal  and  herewith  sets  forth  in  parallel  columns  said 
proposal  as  adopted  in  Committee  of  the  Whole  on  the  left  and  a  substitute 
therefor  as  recommended  by  this  committee  on  the  right. 

Resolved,  That  the  following  shall  become  a  part  of  the  Constitution 


of  Illinois: 

Section  1.  All  elevators  or  store¬ 
houses  where  grain  or  other  property 
is  stored  for  a  compensation,  whether 
the  property  stored  be  kept  separate 
or  not,  are  declared  to  be  public 
warehouses. 


Section  1.  Elevators  and  store¬ 
houses  where  property  is  stored  for 
compensation  are  public  warehouses. 


Section  2.  The  owner,  lessee  or 
manager  of  each  and  every  public 
warehouse  situated  in  any  town  or 
city  of  not  less  than  one  hundred 
thousand  inhabitants,  shall  make 
weekly  statements  under  oath,  be¬ 
fore  some  officer  to  be  designated  by 
law,  and  keep  the  same  posted  in 
some  conspicuous  place  in  the  office 


Section  2.  The  manager  of  every 
public  warehouse  in  cities  of  over 
one  hundred  thousand  inhabitants 
shall  post  conspicuously  each  week, 
in  the  office  of  the  warehouse,  a 
sworn  statement  of  the  amount  and 
grade  of  grain  and  also  of  the  other 
property  stored  therein,  and  of  the 
warehouse  receipts  outstanding,  and 


1920.] 


CONSTITUTIONAL  CONVENTION. 


267 


of  such  warehouse,  and  shall  also  file 
a  copy  for  public  examination  in 
such  place  as  shall  be  designated  by 
law,  which  statement  shall  correctly 
set  forth  the  amount  and  grade  of 
each  and  every  kind  of  grain  in  such 
warehouse,  together  with  such  other 
property  as  may  be  stored  therein, 
and  what  warehouse  receipts  have 
been  issued,  and  are,  at  the  time,  of 
making  such  statement,  outstanding 
therefor;  and  shall,  on  the  copy 
posted  in  the  warehouse,  note  daily 
such  changes  as  may  be  made  in  the 
quantity  and  grade  of  grain  in  such 
warehouse;  and  the  different  grades 
of  grain  shipped  in  separate  lots, 
shall  not  be  mixed  with  inferior  or 
superior  grades,  without  the  consent 
of  the  owner  or  consignee  thereof. 

Section  3.  The  owners  of  prop¬ 
erty  stored  in  any  warehouse,  or 
holder  of  a  receipt  for  the  same, 
shall  always  be  at  liberty  to  examine 
such  property  stored,  and  all  the 
books  and  records  of  the  warehouse 
in  regard  to  such  property. 

Section  4.  All  railroad  companies 
and  other  common  carriers  on  rail¬ 
roads  shall  weigh  or  measure  grain 
at  points  where  it  is  shipped,  and 
receipt  for  the  full  amount,  and  shall 
be  responsible  for  the  delivery  of 
such  amount  to  the  owner  or  con¬ 
signee  thereof,  at  the  place  of  desti¬ 
nation. 

Section  5.  All  railroad  companies 
receiving  and  transporting  grain  in 
bulk  or  otherwise,  shall  deliver  the 
same  to  any  consignee  thereof,  or 
any  elevator  or  public  warehouse  to 
which  it  may  be  consigned,  provided 
such  consignee  at  the  elevator  or 
public  warehouse  can  be  reached  by 
any  track  owned,  leased  or  used,  or 
which  can  be  used,  by  such  railroad 
companies  and  all  railroad  companies 
shall  permit  connections  to  be  made 
with  their  track,  so  that  any  such 
consignee,  and  any  public  warehouse, 
coal  bank  or  coal  yard  may  be 
reached  by  the  cars  on  said  railroad. 

Section  6.  It  shall  be  the  duty  of 
the  General  Assemoly  to  pass  all 
necessary  laws  to  prevent  the  issue 
of  false  and  fraudulent  warehouse 
receipts,  and  to  give  full  effect  to  this 
article  of  the  Constitution,  which 
shall  be  liberally  construed,  so  as  to 


shall  file  a  copy  of  the  statement  in 
a  place  designated  by  law.  Changes 
in  quantity  and  grade  of  grain 
stored  shall  be  noted  daily  upon  the 
statement  in  the  warehouse.  Unless 
the  owner  or  consignee  consents, 
different  grades  of  grain  shipped  in 
separate  lots  shall  not  be  mixed. 


Section  3.  The  holder  of  a  public 
warehouse  receipt  may  always  ex¬ 
amine  the  property  and  the  ware¬ 
house  records  thereof. 


Section  4.  Railroads  and  common 
carriers  thereon  shall,  at  the  point 
of  shipment,  weigh  or  measure,  and 
receipt  for,  the  full  amount  of  grain 
and  deliver  it  to  the  consignee  or 
owner. 


Section  5.  Railroads  shall  deliver 
grain  to  any  consignee  who  can  be 
reached  by  an  available  track,  and 
shall  permit  connections  so  that  any 
public  warehouse,  coal  bank  or  coal 
yard  may  be  reached  by  cars. 


Sections  6  and  7  combined.  The 
General  Assembly  shall  give  full 
effect  to  this  article  and  provide  for 
the  inspection  of  grain  and  produce, 
the  protection  of  producers,  ship¬ 
pers,  consumers  and  others  inter¬ 
ested,  and  the  prevention  of  fraudu- 


268 


JOURNAL  OF  THE 


[Nov.  24, 


/ 


protect  producers,  shippers,  con¬ 
sumers  and  others  interested,  and 
the  enumeration  of  the  remedies 
herein  named  shall  not  be  construed 
to  deny  to  the  General  Assembly  the 
power  to  prescribe  by  law  such  other 
and  further  remedies  as  may  be 
found  expedient,  or  to  deprive  any 


lent  warehouse  receipts.  Nothing  in 
this  article  implies  a  limitation  upon 
the  power  of  the  General  Assembly 
or  abridges  common  law  remedies. 


person  of  existing  common  law 
remedies. 

Section  7.  The  General  Assembly 
shall  pass  laws  for  the  inspection  of 
grain  and  produce  and  for  the  pro¬ 
tection  of  producers,  shippers,  re¬ 
ceivers  and  consumers  of  grain  and 
produce. 

Respectfully  submitted, 

Charles  H.  Hamill, 

George  A.  Barr, 

Thos.  Rinaker, 

C.  B.  T.  Moore, 

Elam  L.  Clarke, 

Eugene  Dupee, 

Committee  on  Phraseology  and  Style. 


The  report  of  the  committee  was  ordered  printed  and  Proposal  No. 
372  was  placed  on  the  order  of  second  reading. 

Mr.  Hamill  submitted  the  further  report: 

Your  Committee  on  Phraseology  and  Style,  to  which  was  referred  a 
proposal  to  provide  for  the  separation  of  the  government  into  three  depart¬ 
ments  (Introduction  No.  358,  Reference  No.  5)  as  amended  in  Committee  of 
the  Whole,  respectfully  reports  that  it  has  considered  such  proposal  and 
herewith  sets  forth  in  parallel  columns  said  proposal  as  adopted  in  Com¬ 
mittee  of  the  Whole  on  the  left,  and,  a  substitute  therefor  as  recommended 
by  this  committee  on  the  right. 

Resolved,  That  the  following  shall  become  a  part  of  the  Constitution 
of  Illinois: 


Article  3 — Distribution  of  Powers. 


The  legislative,  executive  and  ju¬ 
dicial  departments  shall  be  separate, 
and  no  one  of  them  shall  exercise 
properly  belonging  to  an- 


The  powers  of  the  government  of 
this  State  are  divided  into  three  dis¬ 
tinct  departments — the  legislative, 
executive  and  judicial;  and  no  per-  powers 
son,  or  collection  of  persons,  being  other, 
one  of  these  departments,  shall  exer¬ 
cise  any  power  properly  belonging  to 
either  of  the  others,  except  as  here¬ 
inafter  expressly  directed  or  per¬ 
mitted. 

Respectfully  submitted, 

Chas.  H.  Hamill, 

George  A.  Barr, 

Tilos.  Rinaker, 

C.  B.  T.  Moore, 

Elam  L.  Clarice, 

Eugene  Dupee, 

Committee  on  Phraseology  and  Style. 
The  report  of  the  committee  was  ordered  printed  and  Proposal  No. 
358  was  placed  on  the  order  of  second  reading. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


269' 


At  the  hour  of  11:05  o’clock  a.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  adjourn  until  Monday,  November  29,  1920,  at  3  :00 

o’clock  p.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


270 


JOURNAL  OF  THE 


[Nov.  29, 


MONDAY,  NOVEMBER  29,  1920,  3  :00  O’CLOCK  P.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Herbert  Hines,  of  the  Baptist 
Church,  of  El  Paso. 

The  Journal  of  Tuesday,  November  23,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 


General  Orders. 


The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Wilson  to  the  chair. 

And  at  the  hour  of  3  :30  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  report  from 
the  Committee  on  Chicago  and  Cook  County,  being  Proposal  No.  385. 
At  the  hour  of  11:22  o’clock  p.  m.,  the  Convention  resumed  its 


session. 

The  President  presiding. 

Mr.  Wilson,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposal  No.  385,  being  the  report  from  the  Committee  on 
Chicago  and  Cook  County,  reported  the  same  back  together  with  the 

following  amendments  thereto,  to-wit: 

Amend  section  1  by  striking  out  the  first  six  words  in  line  1  and  insert¬ 
ing  in  lieu  thereof  the  words  “except  as  expressly  limited  by-  law”  and 
striking  out  all  after  the  word  “purposes”  in  line  3  down  to  and  including 
the  word  “law”  in  line  6. 

Amend  section  2  by  changing  the  word  “laws”  in  line  16  to  read 


Amend  section  2  by  striking  out  in  line  17  the  words  “not  be  in  conflict 
with”  and  insecting  in  lieu  thereof  the  words  “conform  to  the.” 

Amend  section  4  by  inserting  in  line  2  after  the  words  “to  sell”  the 
words  “the  same  or,”  also  by  adding  at  the  end  of  line  3  the  following  “but 
may  be  reasonably  regulated  by  general  law.”  _ 

Amend  section  5  by  striking  out  in  line  2  the  word  acquisition  and  in 
line  3  the  words  “ownership,  leasing,  maintenance  and  operation  of  public 
or”  and  all  of  line  4.  Insert  before  the  word  “local”  the  word  “of”  in  line  3. 

Amend  section  6  by  striking  out  in  line  2  the  words  “government  or  to 
the”  and  inserting  in  lieu  thereof  the  words  “Governmental”  and  also  m  line 
5  by  striking  out  the  words  “governmental  or  the”  and  inserting  “Govern- 
montcil 

Amend  section  13  by  striking  out  the  period  after  the  figures  “1915”  in 
line  7  and  inserting  the  following  “or  any  amendment  thereof.” 

Amend  section  17  by  inserting  before  the  words  “The  General  Assem¬ 
bly”  in  line  1  the  following  “subject  to  sections  8,  9,  10,  11  and  1-  of  the 
Rgygiiug  A^ticlG.,, 

Amend  section  17  by  adding  thereto  a  new  paragraph  to  read  as  fol¬ 
lows:  “Such  an  ordinance  shall  not  be  adopted  oftener  than  once  m  ten 
years  and  the  maximum  limit  of  indebtedness  when  so  extended  shall  never 
exceed  ten  per  cent  of  the  full  value  of  taxable  property  within  the  cor- 


1920.] 


CONSTITUTIONAL  CONVENTION. 


271 


porate  limits  of  the  city  of  Chicago  as  ascertained  by  the  last  assessment 
for  State  and  county  taxes.” 

Amend  section  17  by  adding  thereto  a  second  new  paragraph  to  read  as 
follows:  “Such  an  ordinance  if  rejected  shall  not  be  resubmitted  within 
two  years  from  the  date  of  such  original  submission.” 

Amend  section  17  by  adding  thereto  a  third  new  paragraph  to  read  as 
•follows : 

“The  limit  of  special  indebtedness  made  possible  under  sections  9,  10 
and  11  of  the  Revenue  Article  shall  in  no  case  be  increased  under  the  pro¬ 
visions  of  this  section.” 

Amend  section  17  in  line  2  after  the  word  “Chicago”  by  adding  the 
following  “after  the  consolidation  with  said  city  of  all  of  the  municipal 
corporations  lying  wholly  or  partly  within  said  city.” 

Amend  section  2  of  article  2  by  striking  out  in  lines  3  and  4  the  words 
“who  shall  be  clerk  of  the  County  Court.” 

Amend  section  4  by  striking  out  in  lines  3  the  following  words  “re¬ 
ceived  by  any  county  officer.” 

Amend  section  4  by  inserting  after  the  word  “treasurer”  in  line  4  the 
words  “at  least  monthly.” 

Amend  section  5  by  striking  out  in  line  1  the  words  “a  semi-annual” 
and  by  inserting  the  words  “at  least  semi-annually”  after  the  word  “oath” 
in  line  2. 

Amend  section  8  by  inserting  after  the  word  “law”  in  line  23  the  words 
“enacted  thereafter.” 


And  recommended  that  the  Proposal,  as  amended,  do  pass. 

The  question  being  on  the  adoption  of  the  report  of  the  committee, 
a  call  of  the  roll  was  had  resulting  as  follows  :  Yeas,  38;  nays,  4. 


Those  voting  in  the  affirmative  are : 

Messrs. 

Barr  Dove 

Brenholt  Dunlap 

Brewster  Gale 

Clarke  Ganschow 

Coolley  Gilbert 

Cruden  Hamill 

Cutting  Hogan 

Dawes  Hollenbeck 

Hull 

Jack 

J  arman 

Kunde 

Latchford 

Lindly 

McEwen 

Meinert 

Mighell 

Miller 

Mills 

Moore 

Morris 

Shanahan 

Shuey 

Smith 

Sutherland 

Taff 

Traeger 

Trautmann 

Warren 

Mr.  President 

Total — 38. 

Those  voting  in  the 

negative  are : 

Messrs. 

Green  Mayer 

Rinaker 

Wilson 

Total — 4. 

The  report  of  the  committee  was  adopted. 

And  Proposal  Yo.  385  was  referred  to  the  Committee  on  Phraseology 

and  Style. 

At  the  hour  of  11 :25  o’clock  p.  m.,  Mr.  Mighell  moved  that  the 
Convention  do  now  adjourn  until  9  :00  o’clock  a.  nr.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


272 


JOURNAL  OF  THE 


[Nov.  30, 


TUESDAY,  NOVEMBER  30,  1920,  9:00  O’CLOCK  A.  M. 

4 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Herbert  Hines,  of  the  Baptist 
Church,  of  El  Paso. 

The  Journal  of  Wednesday,  November  24,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  DeYoung  to  the  chair. 

And  at  the  hour  of  9  :10  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  reports  from 
the  Committee  on  Judicial  Department  being  Proposals  numbered  383 
and  384. 

At  the  hour  of  5 :32  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Cutting,  from  the  Committee  of  the  Whole,  reported  that  the 
committee  had  considered  all  matters  referred  to  it  in  reference  to  Pro¬ 
posals  numbered  383  and  384  and  recommended  that  sections  6  and  7 
of  the  majority  and  minority  report  and  the  three  proposed  amendments 
offered  b}^  Messrs.  Jarman,  Michal  and  Miller  be  committed  to  the 
Committee  on  Judicial  Department  for  further  consideration  and  recom¬ 
mendation. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  Michal  moved  that  Chief  Justice  Olson  of  the  Municipal  Court 
of  the  city  of  Chicago  be  invited  to  address  the  Committee  of  the  Whole 
regarding  the  Judicial  Article. 

And  the  motion  was  lost. 

At  the  hour  of  5 :40  o’clock  p.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION . 


273 


WEDNESDAY,  DECEMBER  1,  1920,  9  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Herbert  Hines,  oi  the  Baptist 

C1^Pe  Journal  of  Monday,  November  29,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  respectfully  recommends  that 
Proposal  No  355  being  a  report  from  the  Committee  on  Agricultuie,  Pro 

posals  numbered  ’224  and  382  being  reports  from  the  Committee  “mitteTon 
lan pons  Subiects  and  Proposal  No.  297  being  a  report  from  the  Committee  on 

Schedule,  be  taken  from  the  table  and  placed  on  General  Orders  for  con¬ 
sideration  in  Committee  of  the  Whole. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative.  WVin. 

Mr  Lindlv  moved  that  consideration  m  Committee  ol  the  Whole 

on  the  report  of  the  Committee  on  Legislative  Department,  on  1  roposal 
Mo.  366,  which  had  been  set  for  this  morning  be  postponed  until  ~  .00 

o’clock  p.  m.,  today. 

And  the  motion  prevailed. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 

pnlWl  Mr  O’Brien  to  the  chair.  ,  .  . 

Cd  at  the  hour  of  10  :00  o’clock  a.  m,  the  Convention  went  into 

Committee  of  the  whole  for  the  consideration  of  matters  on  the  Genera 
Ordere.  ^  ^  of  1Q  ;45  0,clock  a.  m.;  the  Convention  resumed  its 
session. 

The  President  presiding.  ,  ,,  ,  +ll„ 

Mr.  Brandon,  from  the  Committee  of  the  Whole  reported  that  tiie 

committee  had  had  under  consideration  Proposals  numbered  p 7 

224  and  342  and  recommended  that  Proposals  numbeied  c  - 
297  be  rejected  and  that  Proposal  No.  382  do  pass. 

And  the  report  of  the  committee  was  concurred  m  and  1  roposal 

number  382  referred  to  the  Committee  on  Phraseology  and  Stylo. 

Mr.  Brandon  further  reported  that  the  Committee  of  the  W  hole 
recommended  to  the  Convention  that  the  Attorney  General  be  requested 
to  render  an  opinion  in  reference  to  Proposal  No.  382. 

And  the  report  of  the  committee  was  concurred  m. 

—18  C  J  • 


274  journal  of  the  [Dec.  1, 

The  Convention  again  proceeding  on  the  Order  of  Reports  of 

Standing  Committees : 

Mr.  Gale  submitted  the  following  report : 

Your  Committee  on  Revenue,  Taxation  and  Finance,  to  which  section  2 
of  the  proposed  revenue  article  was  recommitted  respectfully  reports  the 
following  section  as  section  2  of  the  revenue  article,  and  recommends  its 
adoption: 

The  income  tax  herein  authorized  shall  be  levied  and  collected  by  some 
State  authority;  all  income  taxes  collected  from  within  each  county  shall  he 
apportioned  and  divided  between  the  State  and  the  county  in  the  same  pro¬ 
portion  as  the  real  estate  taxes  collected  within  the  county  for  the  same  >ear 
is  divided  between  the  State  and  the  county,  and  the  income  tax  so  appoi- 
tioned  to  any  county  shall  be  apportioned  and  divided  between  the  county 
and  all  the  taxing  authorities  within  the  county,  in  the  same  proportion  as 
all  the  real  estate  taxes  collected  within  the  county  for  the  same  year  is 
apportioned  and  divided  between  the  county  and  all  the  taxing  authorities 
within  the  county  for  the  same  year. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

Mr.  Gale  moved  that  the  report  of  the  Committee  on  Revenue, 
Taxation  and  Finance  on  section  2  be  placed  on  the  Geneial  Orders. 
And  the  motion  prevailed. 

At  the  hour  of  10  :50  o’clock  a.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  2  :00  o’clock  p.  m.,  todav. 

And  the  motion  prevailed. 

2  :00  o’Clock  P.  M. 

The  hour  of  2:00  o’clock  p.  m.,  having  arrived,  the  Convention 

resumed  its  session. 

The  President  presiding. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 

called  Mr.  Shanahan  to  the  chair. 

And  at  the  hour  of  2  :05  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  report  from 
the  Committee  on  Legislative  Department,  being  Proposal  Xo.  366. 

At  the  hour  of  5:47  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Shanahan,  from  the  Committee  of  the  Whole,  reported  that 
the  committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  5  :50  o’clock  p.  m.,  Mr.  Davis  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION . 


THURSDAY,  DECEMBER  2,  1920,  9:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding.  ^  , 

Prayer  was  offered  by  the  Rev.  Herbert  Hines,  o±  the  Baptist 

The  Journal  of  Tuesday,  November  30,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 

called  Mr.  Shanahan  to  the  chair.  ,  .  , 

And  at  the  hour  of  9:15  o'clock  a.  nr.,  the  Convention  went  into 

Committee  of  the  Whole  for  the  further  consideration  of  the  report  from 
the  Committee  on  Legislative  Department,  being  Proposal  No.  366 

At  the  hour  of  2:00  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding.  .  i  j  i 

Mr  Shanahan,  from  the  Committee  of  the  Whole,  having  had  undei 

consideration  Proposal  No.  366,  on  a  re-consideration  of  sections  6  and 
7'  thereof,  reported  the  same  back  with  the  following  amendments 

thereto. 

Amend  sections  6  and  7  of  Proposal  No.  366  to  re^  f  lloJtS.  ges_ 

Section  6.  The  General  Assembly  shall  apportion  the  State  at  any  se 
sion  which  may  be  then  pending,  of,  if  none,  then  at  its  first  session  fo  - 
ine  the  adoption  of  this  Constitution  and  in  the  year  1931  and  every  ten 
(10)  years  thereafter,  into  fifty-seven  (57)  senatorial  ^ls^s,  each e  °g 
which  shall  elect  one  senator  whose  term  of  office  shall  be  four  (4)  yeais 
and  the  basis  of  senatorial  apportionment  shall  be  the  number  of  voters  who 
voted  for  Governor  at  the  last  regular  election  at  which  a  Governor  was 

elected  previous  to  the  apportionment.  .  hv 

The  territory  now  constituting  the  county  of  Cook  shall  be  divided 
the  General  Assembly  into  nineteen  (19)  senatorial  districts  and  the  nu  - 
her  of  such  voters  in  that  territory  shall  be  divided  by 'the  number  nineteen 
(19)  and  the  quotient  shall  be  the  ratio  of  representation  in  the  Senate  tor 

thatThente$tory  now  constituting  the  remainder  of  the  State  shall  be 
divided  by  the  General  Assembly  into  thirty-eight  (38)  senatorial  distri  . 
and  the  number  of  such  voters  in  that  territory  shall  be  divided  by  the 
number  thirty-eight  (38)  and  the  quotient  shall  be  the  ratio  of  representa- 

tion  in  the  Senate  for  that  territory.  ,  ,, 

When  a  county  contains  two  (2)  or  more  ratios  of  its  territory  it  sha 
be  divided  by  the  General  Assembly  into  as  many  senatoi  lal  disti  icts  as  it 


276 


JOURNAL  OF  THE 


[Dec.  2, 


has  such  ratios.  Districts  in  counties  so  divided  shall  be  bounded  by  pre¬ 
cinct  or  ward  lines,  or  both;  all  other  senatorial  districts  shall  be  bounded 
by  county  lines. 

All  senatorial  districts  shall  be  formed  of  compact  and  contiguous  terri¬ 
tory  and  the  districts  in  each  territory  shall  contain  as  nearly  as  practicable 
an  equal  number  of  such  electors  but  in  no  case  less  than  four-fifth  (%)  of 
the  ratio  for  that  territory. 

Senators  shall  be  so  elected  that  the  term  of  those  now  in  office  shall 
not  be  disturbed.  They  shall  be  divided  into  two  classes  so  that  one-half 
as  nearly  as  practicable  shall  be  chosen  biennially. 

Section  7.  At  the  same  time  that  the  senatorial  apportionment  is  made 
the  State  shall  be  apportioned  into  representative  districts. 

Members  of  the  House  of  Representatives  shall  be  elected  for  the  term 
of  two  (2)  years  from  each  county  or  district. 

Each  county  shall  be  entitled  to  one  representative  in  the  House  of  Re¬ 
presentatives.  Each  county  having  a  population  in  excess  of  fifty  thousand 
(50,000)  shall  have  one  additional  representative  for  each  additional  fifty 
thousand  (50,000)  population,  or  major  fraction  thereof. 

Each  county  entitled  to  more  than  one  representative  shall  be  divided 
by  the  General  Assembly  into  as  many  representative  districts  as  there  are 
representatives  to  be  elected  from  such  county.  Such  districts  shall  be 
formed  of  compact  and  contiguous  territory  bounded  by  precinct  lines  and 
containing  as  nearly  as  practicable  an  equal  number  of  inhabitants  but  in 
no  case  less  than  four-fifths  (%)  of  the  quotient  resulting  from  dividing 
the  population  of  that  county  by  the  number  of  representatives  to  which 
it  is  entitled. 


And  recommended  that  the  Proposal,  as  amended,  be  adopted. 

Mr.  Dove  called  attention  to  the  absence  of  his  colleague  Mr.  Chew 
who  was  ill  and  requested  that  his  vote  be  recorded  in  the  affirmative. 
Objections  being  raised  by  Mr.  Hull  to  the  recording  of  the  vote. 
The  request  was  not  granted. 

The  question  being  on  the  adoption  of  the  report  of  the  committee, 
a  call  of  the  roll  was  had  resulting  as  follows:  Yeas,  56;  nays,  27. 
Those  voting  in  the  affirmative  are:  Messrs. 


Barr 

Brenholt 

Brewster 

Carlstrom 

Clarke 

Coolley 

Corlett 

Dietz 

Dove 

Dryer 

Dunlap 

Elting 

Those 

Beckman 

Corcoran 

Cruden 

Cutting 

Davis 

Dawes 


Fifer 

Jack 

Moore 

Stahl 

Gale 

Jarman 

Nichols 

Stewart 

Garrett 

Johnson,  L.  C. 

Paddock 

Taff 

Gee 

Johnson,  W.  A. 

Parker 

Tanner 

Gilbert 

Kerrick 

Rinaker 

Todd 

Goodyear 

Dill 

Scanlan 

Torrance 

Gray 

Dindly 

Shaw 

Trautmann 

Green 

Mack 

Shuey 

Wall 

Hogan 

Meinert 

Six 

Warren 

Hollenbeck 

Mighell 

Smith 

Whitman 

Ireland 

Mills 

Sneed 

Mr.  President 
Yeas — 

voting  in  the  negative  are :  Messrs. 

De  Young  Iarussi  Michal 

Dupee,  E.  H.  Kunde  Miller 

Dupuy,  G.  A.  Latchford  Morris 

Ganschow  Mayer  Pincus 

Hamill  •  McEwen  Sha.nahan 

Hull 


-56. 


Sutherland 

Traeger 

Wilson 

Wolff 

Woodward. 

Nays— 27. 


The  report  of  the  committee  was  concurred  in  and  Proposal  No. 
366  was  again  referred  to  the  Committee  on  Phraseology  and  Style. 

Mr.  Shanahan,  from  the  Committee  of  the  Whole,  submitted  the 

further  report: 

The  Committee  of  the  Whole  recommends  to  the  Convention  the  adoption 
of  the  following  resolution  and  requests  that  it  be  referred  to  the  Committee 


on  Schedule. 


CONSTITUTIONAL  CONVENTION. 


1920.] 


o  A; 

6  i 


Resolved,  That  there  be  submitted  to  the  voters  of  the  State  as  an  alter¬ 
native  proposition  to  be  voted  upon  separately  and  become  effective  only  as 
a  substitute  for  section  7  of  the  Article  -on  Legislative  Department,  if  the 
Constitution  shall  be  adopted,  and  if  such  substitute  be  also  adopted,  as 
shall  be  provided  in  the  Article  on  Schedule,  the  following: 

Section  7.  The  General  Assembly,  whenever  the  State  shall  be  appor¬ 
tioned  into  senatorial  districts,  shall  apportion  the  State  by  dividing  the 
population  of  the  State,  as  ascertained  by  the  (last  preceding)  Federal 
census,  by  the  number  one  hundred  fifty-three,  and  the  quotient  shall  be  the 
ratio  of  representation  in  the  House  of  Representatives. 

The  State  shall  be  divided  into  one  hundred  and  fifty-three  representative 
districts,  each  of  which  shall  elect  one  representative,  whose  term  of  office 
shall  be’ two  years.  Representative  districts  shall  be  formed  of  contiguous 
and  compact  territories  bounded  by  county  lines,  and  contain,  as  nearly  as 
practicable,  an  equal  number  of  inhabitants;  but  no  district  shall  contain 
less  than  four-fifths  of  the  representative  ratio.  .  ^  „  . 

Counties  containing  not  less  than  the  ratio  and  three-fourths  shall  be 
divided  into  separate  districts  and  shall  be  entitled  to  two  representatives 
and  to  one  additional  representative  for  each  number  of  inhabitants  equal 
to  the  ratio  contained  by  such  counties  in  excess  of  twice  the  number  of 


said  ratio. 

The  question  being  on  the  adoption  of  the  report  of  the  committee, 
a  call  of  the  roll  was  had  resulting  as  follows :  Yeas,  5S;  nays,  22. 
TVmcp  votino’  in  the  affirmative  are:  Messrs. 


Dryer 

Hogan 

Moore 

Dunlap 

Hollenbeck 

Nichols 

Dupuy,  G.  A. 
Elting 

Jack 

Paddock 

Jarman 

Parker 

Fifer 

Johnson,  L.  C. 

Rinaker 

Gale 

Johnson,  W.  A. 

Shaw 

Garrett 

Kerrick 

Shuey 

Gee 

Lill 

Six 

Gilbert 

Lindly 

Smith 

Goodyear 

Mack 

Sneed 

Gray 

Green 

Mighell 

Mills 

Stahl 

Barr 
Beckman 
Brenholt 
Brewster 
Carlstrom 
Clarke 
Coolley 
Corlett 
Cruden 
Cutting 
Dietz 
Dove 

Those  voting  in  the  negative  are: 


Corcoran 
Davis 
De  Young 
Dupee,  E.  H. 
Ganschow 


Hamill 

Hull 

Iarussi 

Ireland 

Kunde 


Datchford 

Mayer 

McEwen 

Meinert 


Messrs. 

Michal 

Miller 

Morris 

Pincus 


Stewart 

Sutherland 

TafC 

Tanner 

Todd 

Torrance 

Trautmann 

Wall 

Warren 

Whitman 

Mr.  President 

Yeas — 58. 


Shanahan 

Traeger 

Wolff 

Woodward. 

Nays — 22. 


The  report  of  the  committee  was  concurred  and  the  resolution  re¬ 
ferred  to  the  Committee  on  Schedule. 

At  the  hour  of  2:15  o’clock  p.  m.,  Mr.  Gale  moved  that  the  Con¬ 
vention  do  now  adjourn  until  3  :00  o’clock  p.  m.,  Monday,  December  6, 

1920. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


278 


JOURNAL  OF  THE 


[Dec.  6, 


MONDAY,  DECEMBER  6,  1920,  3:00  O’CLOCK  P.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding.  . .  , 

Prayer  was  offered  by  the  Rev.  Willis  Ray  Wilson,  of  the  Methodist 

Episcopal  Church,  of  Prophetstown.  .  .  ,  , 

The  Journal  of  Wednesday,  December  1,  having  been  printed  and 

placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Tanner  to  the  chair. 

And  at  the  hour  of  3  :30  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  the  report  from  the  Com¬ 
mittee  on  Agriculture  in  relation  to  forestry,  being  Proposal  No.  355. 

At  the  hour  of  5:03  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding.  ,  ,,  ,  ,, 

Mr.  Tanner,  from  the  Committee  of  the  Whole,  reported  that  the 

Committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  5  :05  o’clock  p.  m.,  Mr.  Sutherland  moved  that  the 

Convention  do  now  take  a  recess  until  8  :00  o’clock  p. .  m. 

Mr.  Mighell  moved  as  a  substitute  that  the  Convention  do  now 

adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  substitute  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


279 


TUESDAY,  DECEMBER  7,  1920,  9:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  Willis  Ray  Wilson,  of  the  Methodist 
Episcopal  Church,  of  Prophetstown. 

The  Journal  of  Thursday,  December  2,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 

taken  up. 

Whereupon,  Mr.  Whitman  moved  to  correct  the  hour  at  which  the 
Convention  stood  adjourned  to  read  2:15  o’clock  a.  m.,  Friday,  December 
3,  instead  of  11 :55  o’clock  p.  m.,  Thursday,  December  2. 

And  the  motion  prevailed. 

There  being  no  further  corrections,  the  Journal  was  ordered  to 
stand  approved. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Tanner  to  the  chair. 

And  at  the  hour  of  9  :50  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  report  from 
the  Committee  on  Agriculture,  in  relation  to  Forestry,  being  Proposal 

No.  355. 

At  the  hour  of  11 :15  o’clock  a.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Tanner,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposal  No.  355.  in  relation  to  Forestry,  reported  the 
same  back,  together  with  the  following  amendments  thereto,  to-wit: 
Amend  Proposal  No.  355  to  read  as  follows: 

Resolved,  That  the  following  shall  become  a  part  of  the  Constitution  of 
Illinois:  Sec.  —  The  General  Assembly  shall  pass  laws  for  the  encourage¬ 
ment  of  forestry,  and  may  classify  for  taxation  areas  devoted  to  forests  and 
forest  culture. 

And  recommended  that  the  Proposal  as  amended  do  pass. 

The  report  of  the  committee  was  concurred  in  and  Proposal  No.  355, 
referred  to  the  Committee  on  Phraseology  and  Style. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 

called  Mr.  Rinaker  to  the  chair. 

And  at  the  hour  of  11 :20  o’clock  a.  m.,  the  Convention  again  went 
into  Committee  of  the  Whole  for  the  consideration  of  Proposal  No.  129 


JOURNAL  OR  THE 


280 


[Dec. 


< . 


reported  from  the  Committee  on  Bill  of  Rights  with  the  recommendation 
that  it  be  made  a  part  of  the  proposed  Constitution. 

At  the  hour  of  3 :57  o'clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Rinaker,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposal  No.  129,  reported  that  the  Committee  of  the 
Whole  recommended  to  the  Convention  that  the  Proposal  be  rejected. 

Whereupon,  Mr.  Gale  offered  the  following  as  a  substitute  for  the 
report  of  the  Committee  of  the  Whole,  and  moved  its  adoption : 

Resolved,  That  the  following  shall  become  a  part  of  the  Constitution 
of  Illinois: 

No  law  shall  require  primary  elections  except  for  county  officials  or 
for  delegates  to  nominating  conventions. 

Mr.  Hull  raised  the  point  of  order  that  the  substitute  was  not  in 
order. 

And  the  point  of  order  was  sustained  by  the  Chair. 

Mr.  Gale  thereupon  appealed  from  the  decision  of  the  Chair. 

And  the  question  being,  "Shall  the  decision  of  the  Chair  stand  as 
the  decision  of  the  Convention?" 

It  was  decided  in  the  affirmative. 

The  question  recurring  on  the  adoption  of  the  report  of  the  Com¬ 
mittee  of  the  Whole  offered  by  Mr.  Rinaker. 

It  was  decided  in  the  affirmative,  and  Proposal  No.  129  was  rejected. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Whitman  to  the  chair. 

And  at  the  hour  of  4 :00  o'clock  p.  m.,  the  Convention  again  went 
into  Committee  of  the  Whole  for  the  further  consideration  of  the  report 
from  the  Committee  on  Revenue,  Taxation  and  Finance,  being  Proposal 
No.  378. 

At  the  hour  of  4:57  o'clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Whitman,  from  the  Committee  of  the  Whole,  reported  that  the 
Committee  had  had  under  consideration  the  reports  from  the  Committee 
on  Revenue,  Taxation  and  Finance,  being  Proposals  numbered  378,  380 
and  381,  and  reported  back  Proposal  No.  378,  together  with  the  follow¬ 
ing  amendments  thereto,  to-wit : 

Amend  Proposal  No.  378  by  substituting  in  lieu  of  Section  1  the  follow¬ 
ing: 

Section  1.  The  power  of  taxation  shall  never  be  surrendered,  sus¬ 
pended,  or  contracted  away.  All  taxes  shall  be  levied  and  collected  under 
general  law  and  for  public  purposes  only.  The  General  Assembly  shall 
provide  for  the  levy  of  taxes  upon  property  by  valuation  so  that  every  per¬ 
son  and  corporation  shall  pay  a  tax  in  proportion  to  the  value  of  his,  her 
or  its  property,  such  value  to  be  ascertained  by  some  person  or  persons  to 
be  elected  or  appointed  in  such  manner  as  the  General  Assembly  shall  di¬ 
rect  and  not  otherwise. 

Taxes  may  be  levied  also  on  incomes;  if  the  income  tax  be  graduated 
and  progressive  the  highest  rate  shall  not  exceed  four  times  the  lowest  rate; 


1920.] 


CONSTITUTIONAL  CONVENTION. 


281 


and  not  exceeding  $500  to  a  person  not  the  head  of  a  family  whose  total 
net  income  is  less  than  $1000  and  not  exceeding  $1000  to  the  head  of  a 
family  whose  total  net  income  is  less  than  $2000  may  be  exempted  from  in¬ 
come  tax.  Taxes  levied  by  valuation  upon  property  in  this  State  and  paid 
shall  be  deducted  from  the  tax  on  income  derived  therefrom  by  the  person 
or  corporation  paying  such  property  tax. 

In  lieu  of  any  property  tax  thereon,  the  General  Assembly  may  pro¬ 
vide  a  uniform  tax  on  all  income  derived  from  intangible  property  in  which 
case  the  rate  of  such  income  tax  shall  be  a  uniform  real  and  substantial 
tax,  and  there  shall  be  no  exemptions  therefrom  except  as  provided  in  Sec¬ 
tion  3  of  this  Article. 

Taxes  may  also  be  levied  on  privileges,  franchises  and  occupations 
uniform  as  to  class. 

The  above  specifications  of  the  objects  and  subjects  of  taxation  shall 
not  deprive  the  General  Assembly  of  the  power  to  require  other  objects 
or  subjects  to  be  taxed  in  such  manner  as  may  be  consistent  with  the  prin¬ 
ciples  of  taxation  fixed  in  this  Constitution. 

Amend  Proposal  No.  378  by  substituting  the  following  for  Section  2: 

The  income  tax  herein  authorized  shall  be  levied  and  collected  by  some 
State  authority;  all  income  taxes  collected  from  within  each  county  shall  be 
apportioned  and  divided  between  the  State  and  the  county  in  the  same 
proportion  as  the  real  estate  taxes  extended  within  the  county  for  the  same 
year  are  divided  between  the  State  and  the  county,,  and  the  income  tax  so 
apportioned  to  any  county  shall  be  apportioned  and  divided  between  the 
county  and  all  the  taxing  authorities  within  the  county,  in  the  same  pro¬ 
portion  as  all  the  real  estate  taxes  extended  within  the  county  for  the  same 
year  are  apportioned  and  divided  between  the  county  and  all  the  taxing 
authorities  within  the  county  for  the  same  year. 

Amend  Proposal  No.  378  by  substituting  the  following  for  Section  3 

as  amended: 

The  property  of  the  State,  counties  and  other  municipal  corporations 
both  real  and  personel,  household  furniture  actually  in  use  as  such  to  the 
extent  of  five  hundred  dollars  in  value,  and  such  other  property  as  may  be 
used  exclusively  for  agricultural,  and  horticultural  societies,  for  incorporated 
societies  of  war  veterans,  for  school,  religious,  cemetery  and  charitable 
purposes  including  parsonages  owned  and  occupied  as  such  by  religious 
organizations  entitled  to  exemptions  under  this  section,  may  be  exempted 
from  taxation,  but  such  exemptions  shall  be  only  by  general  law.  In  the 
assessment  of  real  estate  incumbered  by  public  easement  any  depreciation 
occasioned  by  such  easement  may  be  deducted  in  the  valuation  of  such 
property. 

Amend  Proposal  No.  378  by  substituting  the  following  in  lieu  of  Sec¬ 
tion  4: 

No  sale  of  real  estate  for  delinquent  taxes  and  special  assessments  shall 
be  made  except  upon  a  judgment  of  a  court  of  record  after  notice  to  the 
owner  and  not  less  than  two  years  shall  be  allowed  the  owner  and  parties 
interested,  to  redeem  from  the  sale  and  there  shall  be  no  such  sale  except 
on  application  of  and  conducted  by  the  county  treasurer.  But  the  legis¬ 
lature  may  provide  for  enforcing  the  lien  of  such  taxes  or  assessments  by 
a  proceeding  in  the  nature  of  a  foreclosure  in  equity  after  the  period  of 
redemption  has  expired. 

Amend  Section  6  in  line  2  by  adding  after  the  word  “village”  the  fol¬ 
lowing  “and  Park  Districts.” 

Amend  Section  6  in  line  3  by  inserting  after  the  word  “‘assessment 
the  word  “or.” 

Amend  Section  7  by  inserting  in  line  4  after  the  word  “taxes”  the 
parenthesis  and  the  words  “(but  not  taxes  upon  income)”  and  in  line  5 
after  the  word  “taxes”  the  parenthesis  and  words  “(but  not  taxes  upon 
income).” 

Amend  Proposal  No.  378  by  adding  three  new  sections  thereto  to  be 
known  as  Sections  9,  10  and  11  to  read  as  follows: 


282 


JOURNAL  OF  THE 


[Dec.  7, 


Section  9.  For  the  purposes  (or  any  one  or  more  of  them)  of  acquir¬ 
ing,  constructing,  owning,  leasing,  maintaining,  and  operating  such  in¬ 
come-producing  properties  as  it  is  by  law  authorized  to  own  or  operate 
(or  to  own  and  operate)  for  the  supply  of  transportation,  communication, 
light,  heat,  power,  water  (or  any  of  them)  the  General  Assembly  may  by 
general  law  authorize  any  city  to  issue  interest-bearing  bonds,  in  excess  of 
any  limitation  of  indebtedness  otherwise  prescribed  in  this  Constitution, 
to  an  amount  not  at  any  time  exceeding  in  the  aggregate  fifteen  per  centum 
on  the  full  value  of  the  taxable  real  property  therein,  to  be  ascertained  by 
the  last  assessment  for  State  and  county  purposes  previous  to  the  issuance 
of  such  bonds.  Any  city  issuing  such  bond  shall,  before  or  at  the  time  of 
doing  so,  provide  for  the  collection  of  a  direct  annual  tax  sufficient  to  pay 
the  interest  thereon  as  it  falls  due  and  also  to  pay  and  discharge  the  prin¬ 
cipal  thereof  within  thirty  years  from  the  date  thereof. 

Section  10.  Unless  otherwise  provided  in  the  Act  of  any  city,  author¬ 
izing  the  issuance  of  any  bonds  for  the  purpose  of  financing  any  income- 
producing  public  utility,  such  bonds  shall  be  held  to  be  issued  in  excess  of 
the  limitation  prescribed  by  Section  8  of  this  Article.  Each  issue  of  bonds, 
or  of  other  securities,  by  any  city  for  the  aforesaid  purpose,  shall  be  payable 
in  substantially  equal  annual  installments  of  principal  and  interest  combined, 
beginning  not  more  than  five  years  from  the  date  thereof.  No  such  bonds 
or  other  securities  shall  be  issued  until  the  proposition  therefor  shall  have 
been  consented  to  by  a  vote  of  three-fifths  of  the  legal  voters  of  such  city 
voting  upon  the  question. 

Sec.  11.  Any  city  issuing  bonds  in  excess  of  the  limitation  of  indebted¬ 
ness  prescribed  by  Section  8  of  this  Article,  for  the  purpose  of  financing  any 
income-producing  public  utility,  shall,  not  less  than  four  months  prior  to  the 
time  when  any  tax  for  the  payment  and  discharge  of  the  principal  of  and  in¬ 
terest  on  such  bonds,  or  of  the  principal  of  and  interest  on  any  other  indebt¬ 
edness  incurred  for  the  purpose  of  financing  the  same  utility,  shall  by  law 
become  collectible,  deposit,  or  cause  to  be  deposited,  with  the  treasurer 
thereof,  out  of  the  gross  earnings  of  the  utility  for  the  financing  of  which 
indebtedness  to  be  discharged  by  such  tax  was  incurred,  a  sum  equivalent 
in  amount  to  such  tax,  the  funds  so  deposited  to  be  used  solely  for  the  pur¬ 
pose  of  paying  and  discharging  such  indebtedness,  both  as  to  principal  and 
interest,  as  the  same  falls  due.  To  the  extent  that  funds  to  be  used  for  the 
payment  of  any  such  indebtedness,  as  to  either  principal  or  interest,  shall 
be  deposited  with  the  treasurer  of  any  such  city  prior  to  the  collection  of 
such  tax,  such  tax  shall  not  be  collected,  but  no  subsequent  loss  or  mis¬ 
appropriation  of  the  funds  so  deposited  shall  relieve  such  city  of  its  liability 
to  pay  such  indebtedness.  Any  city  owning  or  operating  any  public  utility 
shall  conform  to  all  requirements  with  respect  to  the  keeping  of  accounts 
and  the  audit  thereof  and  to  the  making  of  reports  that  shall  be  prescribed 
by  law  with  respect  to  such  matters  for  any  other  persons  or  corporations 
owning  or  operating  a  like  utility.  Any  city  issuing  bonds  in  excess  of  the 
limitation  of  indebtedness  prescribed  by  Section  8  of  this  Article,  for  the 
purpose  of  financing  any  income-producing  public  utility,  shall  thereafter 
(irrespective  of  the  subsequent  amortization  of  the  debt  evidenced  by  any 
bonds  or  other  securities  whatsoever,  issued  for  the  financing  of  such 
utility)  establish  and  maintain  such  rates  or  charges  for  the  service  supplied 
as  are  necessary  to  provide  sufficient  revenue  (in  addition  to  amounts  re¬ 
quired  for  the  payment  of  the  principal  of  and  interest  on  all  outstanding 
bonded  or  other  indebtedness  incurred  for  the  financing  of  such  utility) 
to  pay  and  discharge  at  least  all  costs  and  expenses  involved  in  or  incidental 
to  the  ownership,  operation,  and  maintenance  of  such  utility,  including 
expenditures  and  reserves  for  repairs  and  renewals  necessary  to  maintain 
the  properties  in  first  class  condition  in  every  respect  at  all  times. 

The  provisions  of  this  section  and  of  Sections  8,  9  and  10  of  this  Article, 
except  as  otherwise  provided  herein,  shall  be  self-executing,  but  laws  not  in 
conflict  therewith  may  be  passed  to  facilitate  their  operation.  Any  taxpayer 
of  any  city  owning  or  operating  any  such  utility  shall  have  the  right  to 
enforce  all  provisions  of  said  sections  by  appropriate  proceedings  in  any 


1920.] 


CONSTITUTIONAL  CONVENTION. 


283 


court  of  competent  jurisdiction,  but  the  right  of  such  taxpayer  with  lespect 
to  the  enforcement  thereof  shall  not  be  exclusive.  It  shall  be  the  duty  of 
courts  of  general  jurisdiction  to  enforce  all  such  provisions  and  for  such 
purpose  they  shall  have  all  necessary  powers,  including  the  power  to  control 

and  regulate  the  service  supplied  by  any  such  utility.  _  ,  .  ,  T,^TT7„ 

Amend  Proposal  No.  378  by  adding  thereto  the  following  to  be  known 

No  municipal  corporation  shall  incur  any  debt  for  acquiring,  constiuct- 
ing  or  operating  any  income-producing  property  for  the  supply  of  transpor¬ 
tation,  communication,  light,  heat,  power,  or  water,  unless  such  debt  shall 
be  authorized  and  provision  for  the  payment  thereof  and  intei  est  thereon 
be  made  as  in  Sections  9,  10  and  11  of  this  Article. 

And  recommended  that  the  Proposal,  as  amended,  do  pass^ 

The  report  of  the  committee  was  concurred  in  and  Proposal  No.  378 
referred  to  the  Committee  on  Phraseology  and  Style. 

At  the  hour  of  5 :00  o’clock  p.  m.,  Mr.  Pdnaker  moved  that  the 
Convention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


284 


JOURNAL  OF  THE 


[Dec.  8. 


WEDNESDAY,  DECEMBER  8,  1920,  9:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Willis  Ray  Wilson,  of  the  Methodist 
Episcopal  Church,  of  Prophetstown. 

The  Journal  of  Monday,  December  6,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President  laid  before  the  Convention  the  appointment  of  Mr. 
Clarke  as  chairman  of  the  Committee  on  Phraseology  and  Style  vice  Mr.’ 
Hamill,  resigned,  and  Mr.  Brewster  as  a  member  of  said  committee  to 
fill  the  vacancy. 

The  Convention  proceeding  on  the  order  of  reports  of  standing  com¬ 
mittees. 

Mr.  DeYoung  submitted  the  following  report: 

Your  Committee  on  Judicial  Department,  to  which,  at  its  request,  were 
recommitted  sections  33  and  47  of  Proposal  No.  383  entitled  “Judicial  De¬ 
partment,”  begs  to  submit  the  following  report: 

1st. — Amend  section  33  by  inserting  before  the  word  “sessions-,”  in 
line  5  of  said  section,  the  words:  “criminal  branches  of  said  court  shall  be 
provided  by  the  county  of  Cook.  All  other  branches  or”  and  further  by 
striking  out  the  word  provided,  in  line  six  of  said  section  and  inserting  in 
lieu  thereof,  the  words:  “held  in  quarters  furnished,”  and  further  by  in¬ 
serting  before  the  word  sessions,  in  line  7  of  said  section,  the  word's: 
“branches  or,”  so  that  said  section  33  when  so  amended  shall  read  as  fol¬ 
lows: 

Sec.  33.  Sessions  of  the  District  Court  of  Cook  County  'shall  be  held  at 
the  city  of  Chicago.  The  General  Assembly  may,  however,  provide  for  the 
holding  of  branches  of  said  court  in  cities,  villages,  and  incorporated  towns, 
within  said  county,  other  than  the  city  of  Chicago,  which  have  a  population 
of  at  least  five  thousand  inhabitants.  Suitable  quarters  for  the  holding  of 
the  criminal  branches  of  said  court  shall  be  provided  by  the  county  of 
Cook.  All  other  branches  or  sessions  of  said  court  shall  be  held  in  quarters 
furnished  respectively  by  the  city  of  Chicago,  and  such  other  cities,  villages 
and  incorporated  towns  in  which  such  branches  or  sessions  shall  be  held, 
without  expense  to  the  county  or  the  State. 

2nd. — Amend  section  47  by  inserting  after  the  word  “officer,”  in  line  5 
of  said  section,  a  comma,  and  the  words:  “after  it  ha's  been  fixed  by_  law,” 
and  further  by  inserting  after  the  words  “Circuit  or,”  in  the  beginning  of 
line  7,  in  said  section  47,  the  words:  “County  Court  or  the”  so  that  said 
section  47  when  so  amended  shall  read  as  follows: 

Sec.  47.  The  salaries  of  the  justices  of  the  Supreme  Court  and  of  the 
judges  of  the  Appellate,  Circuit  and  County  Courts  and  the  District  Court  of 
Cook  County  shall  be  fixed  by  law,  and,  except  as  otherwise  prescribed  in 
this  article,  shall  be  paid  out  of  the  State  treasury.  The  salary  of  no  judicial 
officer,  after  it  has  been  fixed  by  law,  shall  be  increased  or  decreased  during 
the  term  for  which  he  is  elected  or  appointed,  and  no  justice  of  the  Supreme 
Court  or  judge  of  the  Appellate,  Circuit  or  County  Courts  or  the  District 
Court  of  Cook  County  shall  receive  any  other  compensation,  perquisite  or 


1920.] 


CONSTITUTIONAL  CONVENTION. 


285 


benefit  in  any  form  whatever,  nor  shall  he  perform  any  duties,  other  than 
judicial,  from  which  he  shall  derive  any  emolument. 

3rd. — Incorporate  in  said  Proposal  No.  383  an  additional  section  to  be 
known  as  section  38,  in  the  words  following: 

Sec.  38.  Whenever  electors  of  Cook  County  equal  in  number  to  one- 
tenth  of  the  vote  cast  for  all  candidates  for  president  of  the  county  board 
of  commissioners  at  the  last  preceding  election  thereof  shall  petition  the 
Chief  Justice  of  the  Circuit  Court  of  said  county  to  submit  to  a  vote  of  the 
electors  thereof  the  proposition  as  to  whether  said  county  shall  adopt  the 
system  for  the  appointment  of  the  judges  of  the  Circuit  and  District  Courts 
of  Cook  County  hereinafter  provided,  it  shall  be  the  duty  of  such  Chief 
Justice  to  submit  such  proposition  to  a  special  county  election  to  be  called 
by  such  judge  within  ninety  days,  by  entering  of  record  in  said  court  an 
order  to  that  effect.  But  if  at  any  such  special  election  such  proposition 
shall  not  be  adopted,  said  proposition  shall  not  be  again  submitted  for  two 
years.  Such  election  shall  be  held  under  the  election  laws  in  force  in  Cook 
County.  If  such  proposition  receives  the  affirmative  vote  of  a  majority  of 
those  voting  thereon  such  system  of  appointment  shall  be  adopted;  and  the 
Chief  Justice  shall  proclaim  the  adoption  thereof.  The  form  of  such  peti¬ 
tion,  and  of  its  verification,  and  of  the  ballots  to  be  used  in  such  election 
and  the  manner  of  voting  therein,  and  the  public  notice  thereof  to  be  given, 
and  the  method  of  certification  and  recording  of  the  result  of  said  election, 
shall  be  prescribed  by  law,  or  by  the  Supreme  Court  in  case  the  same  shall 
not  have  been  prescribed  by  law.  After  the  adoption  of  such  proposition, 
the  method  of  choosing  judges  of  the  Circuit  and  District  Courts  of  Cook 
County  shall  be  as  follows:  Upon  the  occurrence  of  a  vacancy  in  the  office 
of  any  judge  in  . said  county,  the  Governor  shall  fill  such  vacancy  by  appoint¬ 
ment,  from  a  list  of  eligible  persons  furnished  to  him  by  a  majority  of  the 
justices  of  the  Supreme  Court,  including  a  majority  of  the  justices  thereof 
from  the  Seventh  Supreme  Judicial  District,  which  list  shall  contain  the 
names  of  four  or  more  persons  for  each  judge  to  be  appointed,  not  more 
than  half  of  whom  shall  be  affiliated  with  the  same  political  party.  Except¬ 
ing  as  in  this  section  is  otherwise  provided,  each  judge  appointed  by  the 
Governor  for  said  county  of  Cook  shall  hold  hi's  office  during  good  behavior. 
At  the  annual  election  in  November  of  every  sixth  year  after  the  adoption 
of  such  system  of  appointment,  an  election  shall  be  held  in  the  county  of 
Cook  to  enable  the  duly  qualified  electors  thereof  to  express  their  approval 
or  disapproval  of  the  judges  so  appointed  and  then  in  office.  The  method  of 
voting  and  the  form  of  ballots  to  be  used  at  such  elections  shall  be  pre¬ 
scribed  by  law.  If  at  any  such  election  a  majority  of  the  electors  of  said 
county  voting  at  such  election  shall  by  their  votes  express  their  disapproval 
of  any  such  judge,  his  office  shall,  after  the  expiration  of  ninety  days  there¬ 
from  become  vacant,  and  he  shall  be  ineligible  to  appointment  as  a  judge 
of  said  court  for  a  period  of  six  years  thereafter. 

4th. — Incorporate  in  said  Proposal  No.  383  a  further  additional  sec¬ 
tion,  to  be  known  as  section  46,  in  the  words  following: 

“Section  46.  No  action  or  proceeding  shall  be  open  to  objection  on  the 
ground  that  a  merely  declaratory  judgment  or  decree  or  order  is  sought 
thereby,  and  the  court  may  make  a  binding  declaration  of.  right,  whether 
any  consequential  relief  is  or  could  be  claimed,  or  not,  as  may  be  provided 
by  law. 

5th. — Renumber  sections  38,  39,  40,  41,  42,  43  and  44  of  printed  Proposal 
No.  383,  so  that  they  will  be  numbered  respectively  sections  39,  40,  41,  42, 

43,  44  and  45. 

6th. — Renumber  sections  45,  46,  47,  48,  49,  50,  51  and  52  of  printed  Pro¬ 
posal  No.  383,  so  that  they  will  be  numbered  47,  48,  49,  50,  51,  52,  53  and  54. 


JOURNAL  OF  THE 


[Dec.  8, 


286 


7th. — That  your  Committee  on  Judicial  Department  has  been  unable  to 
agree  upon  a  revision  of  sections  6  and  7  of  said  Proposal  ^o.  383,  and  foi 
that  reason  refers  said  sections  to  the  Committee  of  the  Whole  of  the  Con¬ 
vention  for  consideration  and  disposition. 

Respectfully  submitted, 

(Signed)  Frederic  R.  DeToung, 

D.  E.  Mack, 

Charles  S.  Cutting, 

Heart  I.  Greek, 

G.  A.  Dupuy, 

Willard  M.  McEwen, 

B.  H.  Garrett, 

S.  J.  Gee. 

A.  F.  Goodyear, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table.  . 

Mr.  Green,  from  a  minority  of  the  Committee  on  Judicial  Depait- 

ment,  submitted  the  further  report : 

The  members  of  the  Committee  on  Judicial  Department  who  heretofore 
reported  to  the  Convention  Proposal  No.  384,  respectfully  report  and  resub¬ 
mit  to  the  Convention  to  become  a  part  of  the  proposed  Constitution,  section 
6  of  Proposal  No.  384,  as  originally  reported,  as  follows: 

“Section  6.  The  State  shall  be  divided  into  seven  districts  for  the  elec¬ 
tion  of  the  justices,  and,  until  otherwise  provided  by  law,  they  shall  remain 
as  now  constituted.  One  justice  shall  be  elected  from  each  district. 

The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 

table.  .  .  . 

Mr.  DeYoung  moved  that  the  reports  of  the  Committee  on  Judicial 

Department  be  taken  from  the  table  and  placed  on  the  General  Orders. 

And  the  motion  prevailed. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Cutting  to  the  chair. 

And  at  the  hour  of  9:30  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  reports  of 
the  Committee  on  Judicial  Department,  being  Proposals-  numbered  383 

and  384. 

At  the  hour  of  3:52  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Cutting,  from  the  Committee  of  the  W  hole,  reported  that  the 
committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  Whitman  offered  the  following  resolution  and  moved  its  adop¬ 
tion  : 


Resolution  No.  33. 

Resolved,  That  when  the  Convention  adjourns  today  it  stand  adjourned 
until  the  first  Tuesday  in  September,  1921,  at  10:00  o’clock  a.  m. 


1920.] 


CONSTITUTIONAL  CONVENTION. 


28? 


The  question  being  on  the  adoption  of  the  resolution,  a  division  was 
had  resulting  as  follows:  Yeas,  28;  nays,  27. 

And  the  resolution  wTas  adopted. 

At  the  hour  of  4:45  o’clock  p.  m.,  Mr.  Carlstrom  moved  that  the 
Convention  do  now  adjourn. 

And  on  that  motion  a  call  of  the  roll  was  had,  resulting  as  follows : 


Yeas,  27;  nays,  35. 

Those  voting  in  the  affirmative  are 

Brandon  De  Young  Goodyear 

Carlstrom  Dietz  Hamill 

Chew  Dupuy,  G.  A.  Hull 

Cutting  Frole  McEwen 

Davis  Gale  Morris 

Dawes  Garrett 


Those  voting  in  the  negative  are: 


Brenholt 

Brewster 

Clarke 

Coolley 

Dove 

Dunlap 

Gee 


Gilbert 

Gray 

Green 

Hogan 

Hollenbeck 

Ireland 

Jack 


Jarman 

Johnson,  L.  C. 

Kerrick 

Lindly 

Mack 

Meinert 

Mighell 


Messrs. 

Parker 

Quinn 

Revell 

Scanlan 

Six 


Messrs. 

Mills 

Moore 

Nichols 

Paddock 

Rinaker 

Shaw 

Shuey 


Sutherland 

Torrance 

Traeger 

Trautmann 

Warren 

Yeas — 27. 


Smith 

Sneed 

Tanner 

Todd 

Wall 

Mr.  President 
Nays — 35. 


And  the  motion  was  lost. 

Pending  the  call  of  the  roll,  the  absence  of  Messrs.  Corlett,  Fifer. 
and  Tatf  was  noted  on  account  of  illness  and  also  that  of  Mr.  Barr,  who 
had  accompanied  Mr.  Corlett  to  his  home. 

Mr.  Mack  moved  to  reconsider  the  vote  by  which  the  resolution 
offered  by  Mr.  Whitman  was  adopted. 

And  the  motion  prevailed. 

Pending  discussion,  at  the  hour  of  6 :20  o’clock  p.  m.,  Mr.  Gale 
moved  that  the  Convention  do  now  take  a  recess  until  9  :00  o’clock  a.  m., 
tomorrow. 

And  the  motion  prevailed. 

The  hour  of  9  :00  o’clock  a.  m.,  of  Thursday,  December  9,  having 
arrived,  the  Convention  resumed  its  session. 

The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess,  on  yesterday, 
being  the  adoption  of  the  resolution  offered  by  Mr.  Whitman,  the  same 
was,  by  unanimous  consent,  withdrawn. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Cutting  to  the  chair. 

And  at  the  hour  of  9  :55  o’clock  a.  m.,  the  Convention  again  went 
into  Committee  of  the  Whole  for  the  further  consideration  of  the  reports 
of  the  Committee  on  Judicial  Department,  being  Proposals  numbered 

383  and  384. 

At  the  hour  of  11 :05  o’clock  a.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 


288 


JOURNAL  OF  THE 


[Dec.  8, 


Third  District: 
Fourth  District: 
Fifth  District: 
Sixth  District: 


Mr.  Cutting,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  Proposals  numbered  383  and  38-4,  reported  back  Proposal 
Xo.  383,  together  with  the  following  amendments  thereto,  to-'wit: 

Amend  Proposal  No.  383,  as  follows: 

Amend  section  1  by  striking  out  the  word  “the”  in  line  4,  after  the 

word  “and.”  „  .  • 

Amend  section  5  by  substituting  in  lieu  thereof  the  following: 

Section  5.  The  Supreme  Court  shall  consist  of  seven  justices,  one  of 
whom,  to  be  chosen  by  themselves,  shall  he  Chief  Justice.  A  majority  of  the 
justices  shall  constitute  a  quorum  and  the  concurrence  of  four  shall  be 
necessary  to  every  decision. 

Amend  section  6  bv  substituting  in  lieu  thereof  the  following: 

Section  6.  The  State  shall  be  divided  into  six  districts  for  the  election 
of  justices.  The  first  district  shall  consist  of  the  county  of  Cook  and  two 
justices  shall  be  elected  from  that  district.  The  State,  outside  of  the  county 
of  Cook,  shall  be  divided  into  five  districts  for  the  election  of  justices,  and 
until  otherwise  provided  by  law,  they  shall  be  as  follows: 

Second  District:  (Herein  insert  names  of  counties.) 

(Herein  insert  names  of  counties.) 

(Herein  insert  names  of  counties.) 

(Herein  insert  names  of  counties.) 

(Herein  insert  names  of  counties.) 

One  justice  shall  be  elected  from  each  of  said  districts  numbered  2,  3, 

4,  5  and  6.  .  . 

Amend  section  7  by  substituting  in  lieu  thereof  the  following: 

Section  7.  The  justices  of  the  Supreme  Court  in  office  at  the  time  cu 
the  adoption  of  this  Constitution  shall  continue  to  hold  office  during  the 
respective  terms  for  which  they  were  elected  or  appointed  and  until  their 
successors  are  elected  and  shall  qualify.  The  term  of  office  of  justices  of  the 
Supreme  Court  elected  after  the  adoption  of  this  Constitution,  other  than 
justices  elected  or  appointed  to  fill  unexpired  terms,  shall  be  ten  years  from 
the  day  of  their  election. 

(Herein  insert  provisions  for  the  extension  of  the  terms  of  the  presen 
justices,  if  necessary,  to  conform  to  the  re-apportionment  plan  and  the  elec¬ 
tion  hereafter  of  justices  in  as  nearly  equal  numbers  as  possible  every  third 
year.  Provision  shall  also  be  made  for  the  election  of  the  additional  justice 
from  the  first  district  in  the  year  1924  and  for  the  election  of  the  two  justices 

from  that  district  in  different  years.) 

Amend  section  10  in  line  8  by  adding  after  the  words  _  Mount  \  ernon 
the  words  “until  otherwise  provided  by  law.”  Also  by  placing  a  comma  (,) 

after  the  word  each  in  line  9.  „ 

Amend  section  11  in  line  4  by  inserting  the  words  death  or  after  the 

word  “is.”  ,  ..  „ _ „ 

Amend  section  13  in  line  2  by  changing  the  word  of  to  or.  . 

Amend  section  16  by  striking  out  the  last  word  in  said  section  and  in¬ 
serting  in  lieu  thereof  the  word  “observed.”  .  .  ,, 

Amend  section  19  by  inserting  after  the  word  “city  m  line  4  the  words 
“wholly  or  partly”  and  also  by  inserting  in  line  6  after  the  word  city  the 

words  “or  part  thereof.”  ,,,  . 

Amend  section  20  by  striking  out  all  words  after  the  word  court  m 

11116  Amend  section  22  in  line  11  by  striking  out  the  word  “of”  after  the  word 

Pla Amend  section  28  by  inserting  at  the  end  of  line  8  the  words  “or  ap- 

Amend  section  31  by  inserting  in  line  after  the  void  01lf.  L’^the 

“thirty”  also  by  striking  out  in  line  6  preceding  the  word.  J  8 
word  “the”  also  by  inserting  the  words  “elected  or  appointed  m  1 
the  word  “judges.” 


1920.] 


CONSTITUTIONAL  CONVENTION. 


289 


Amend  section  32  by  striking  out  in  line  1  the  words  “not  less  than  five” 
after  the  wrord  “designate.” 

Amend  section  33  by  inserting  in  line  5  before  the  word  “sessions”  the 
words  “criminal  branches  of  said  court  shall  be  provided  by  the  county  of 
Cook.  All  other  branches  or”  and  also  by  striking  out  in  line  6  the  word 
“provided”  and  inserting  in  lieu  thereof  the  words  “held  in  quarters  fur¬ 
nished”  also  in  line  7  by  inserting  after  the  word  “such”  the  words  “branches 
or.” 

Amend  section  34  in  line  4  by  changing  the  word  “justice”  to  read 

“justices.” 

Amend  section  35  by  adding  the  letter  “s”  to  the  word  “court”  in  line  1 
making  it  read  “courts.” 

Amend  Proposal  No.  383  by  adding  a  new  section  thereto  to  be  known 
as  section  38,  after  a  renumbering  of  the  sections,  which  is  to  read  as  fol¬ 
lows: 

Sec.  38.  Whenever  electors  of  Cook  County  equal  in  number  to  one- 
tenth  of  the  vote  cast  for  all  candidates  for  president  of  the  county  board  of 
commissioners  at  the  last  preceding  election  thereof  shall  petition  the  Chief 
Justice  of  the  Circuit  Court  of  said  county  to  submit  to  a  vote  of  the  electors 
thereof  the  proposition  as  to  whether  said  county  shall  adopt  the  system  for 
the  appointment  of  the  judges  of  the  Circuit  and  District  Courts  of  Cook 
County  hereinafter  provided,  it  shall  be  the  duty  of  'such  Chief  Justice  to 
submit  such  proposition  to  a  special  county  election  to  be  called  by  such 
judge  within  ninety  days,  by  entering  of  record  in  said  court  an  order  to 
that  effect.  But  if  at  any  such  special  election  such  proposition  shall  not  be 
adopted,  said  proposition  shall  not  be  again  submitted  for  two  years.  Such 
election  shall  be  held  under  the  election  law’s  in  force  in  Cook  County.  If 
such  proposition  receives  the  affirmative  vote  of  a  majority  of  those  voting 
thereon  such  system  of  appointment  shall  be  adopted,  and  the  Chief  Justice 
shall  proclaim  the  adoption  thereof.  The  form  of  such  petition,  and  of  its 
verification,  and  of  the  ballots  to  be  used  in  such  election  and  the  manner 
of  voting  therein,  and  the  public  notice  thereof  to  be  given,  and  the  method 
of  certification  and  recording  of  the  result  of  said  election,  shall  be  pre¬ 
scribed  by  law,  or  by  the  Supreme  Court  in  case  the  same  shall  not  have 
been  prescribed  by  law.  After  the  adoption  of  such  proposition,  the  method 
of  choosing  judges  of  the  Circuit  and  District  Courts  of  Cook  County  shall 
be  as  follows:  Upon  the  occurrence  of  a  vacancy  in  the  office  of  any  judge 
of  said  county,  the  Governor  shall  fill  such  vacancy  by  appointment,  from  a 
list  of  eligible  persons  furnished  to  him  by  a  majority  of  the  justices  of  the 
Supreme  Court,  including  a  majority  of  the  justices  thereof  from  the 
Seventh  Supreme  Judicial  District,  which  list  shall  contain  the  names  of 
four  or  more  persons  for  each  judge  to  be  appointed,  not  more  than  half  of 
whom  shall  be  affiliated  with  the  same  political  party.  Excepting  as  in  this 
section  is  otherwise  provided,  each  judge  appointed  by  the  Governor  for  said 
county  of  Cook  shall  hold  his  office  during  good  behavior.  At  the  annual 
election  in  November  of  every  sixth  year  after  the  adoption  of  such  system 
of  appointment,  an  election  shall  be  held  in  the  county  of  Cook  to  enable  the 
duly  qualified  electors  thereof  to  express  their  approval  or  disapproval  of 
the  judges  so  appointed  and  then  in  office.  The  method  of  voting  and  the 
form  of  ballots  to  be  used  at  such  election  shall  be  prescribed  by  law.  If  at 
any  such  election  a  majority  of  the  electors  of  said  county  voting  at  such 
election  'shall  by  their  votes  express  their  disapproval  of  any  such  judge,  his 
office  shall,  after  the  expiration  of  ninety  days  therefrom  become  vacant, 
and  he  shall  be  ineligible  to  appointment  as  a  judge  of  said  court  for  a 
period  of  six  years  thereafter. 

Amend  section  45  in  line  5  by  changing  the  word  “the”  before  the  word 
“Constitution”  to  “this.” 

Amend  Proposal  No.  383  by  adding  thereto  a  new  section  to  be  known 
as  section  46,  after  a  renumbering  of  the  sections,  which  is  to  read  as 

follows: 


-19  C  .1 


JOURNAL  OF  THE 


|  Dec.  8, 


290 


Section  46.  No  action  or  proceeding  'shall  be  open  to  objection  on  the 
ground  that  a  merely  declaratory  judgment  or  decree  or  order  is  sought 
thereby  and  the  court  may  make  a  binding  declaration  of  right,  whether  any 
consequential  relief  is  or  could  be  claimed,  or  not,  as  may  be  provided  b\ 


law.  ,  , 

Amend  section  47  by  inserting  in  line  2  after  the  words  “Appellate  and 

“Circuit”  the  word  “court”  also  in  lines  6  and  7  after  the  words  “Appellate 
and  “Circuit.”  Also  in  line  5  by  inserting  after  the  word  “officer”  the  words 
“after  it  has  been  fixed  by  lawT,”  also  in  line  7  by  inserting  before  the  word 
“district”  the  words  “County  Court  or  the.”  And  also  by  striking  out  all 
after  the  word  “judicial”  in  line  9  and  inserting  the  following  “or  engaged 
in  the  practice  of  the  law  so  long  as  he  shall  hold  the  office  of  such  justice  oi 
judge.” 

Amend  section  49  by  adding  at  the  end  of  line  1  the  words  ‘  of  each 
house”  and  by  changing  the  word  “journals”  to  “journal.” 


And  recommended  that  the  Proposal,  as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  in  and  Proposal  Xo. 
383,  referred  to  the  Committee  on  Phraseology  and  Style. 

By  unanimous  consent,  Mr.  Sneed  submitted  the  following  report : 
Your  Committee  on  Industrial  Affairs  and  Labor,  to  which  was  referred 
Proposals  numbered  107,  46,  140,  216,  206,  165,  185,  203  and  232. 

Recommends  that  Proposals  numbered  107,  46,  140,  216,  206,  165,  185  and 
203  be  rejected  and  that  Proposal  No.  232  be  placed  on  the  General  Orders. 
Respectfully  submitted, 

(Signed)  Wm.  J.  Sneed, 

Chas.  V.  Parker, 


Guy  L.  Shaw, 

J.  J.  Brexholt,  Jr., 

E.  E.  Fyke, 

Lee  Mighell, 

Michael  Iarussi, 
Thomas  Frole, 

Committee. 


The  report  of  the  committee  was  ordered  printed  and  to  lie  on  the 
table. 

By  unanimous  consent,  Mr.  Miller  submitted  the  following  minority 
report : 

A  minority  of  the  Committee  on  Industrial  Affairs  and  Labor,  respect¬ 
fully  recommends  that  all  of  the  original  Proposals  submitted  to  said  com¬ 
mittee  be  rejected  and  that  the  following  become  a  part  of  the  Constitution 
of  Illinois: 

LABOR. 

Section  1.  The  labor  of  the  human  being  is  an  attribute  of  life  and  is 

not  property.  4  _ 

Section  2.  The  right  of  workmen  to  organize  into  trade  and  labor 
unions  and  to  deal  and  speak  through  representatives  chosen  by  themselves, 
is  declared  and  it  shall  not  be  abridged. 

Respectfully  submitted, 

(Signed)  Amos  C.  Miller. 

Charles  J.  Miciial. 

The  foregoing  minority  report  was  ordered  printed  and  to  lie  on 
the  table. 

Mr.  Whitman  offered  the  following  resolution  and  moved  its  adop¬ 
tion  : 


1920.] 


CONSTITUTIONAL  CONVENTION. 


291 


Resolution  No.  34. 

Whereas,  The  reports  of  the  several  committees  heretofore  made  to  this 
Convention  have  been  referred  to  the  Convention  sitting  as  a  Committee 
of  the  Whole,  and  have  been  disposed  of  in  the  Convention  and  referred  to 
the  Committee  on  Phraseology  and  Style; 

And  Whereas,  All  matters  on  the  general  orders  have  been  finally  dis¬ 
posed  of  by  this  Convention,  leaving  no  pending  matters  for  consideration 
in  Committee  of  the  Whole; 

And  Whereas,  Before  the  Convention  can  proceed  further  with  its  de¬ 
liberations  it  will  be  necessary  to  have  before  it  the  reports  of  the  Com¬ 
mittee  on  Phraseology  and  Style  on  the  several  matters  referred  to  such 
committee; 

And  Whereas,  The  Committee  on  Phraseology  and  Style  has  not  had 
the  opportunity  to  consider  its  report  on  the  subjects  of  revenue,  judicial 
department,  Chicago  and  Cook  County,  and  other  matters  referred  to  it  since 
November  8,  1920,  and  has  not  yet  completed  its  report  on  several  other 
matters  heretofore  referred  to  it; 

And  Whereas,  In  the  judgment  of  this  Convention  it  is  wise  and  ex¬ 
pedient  not  to  proceed  with  second  readings  until  all  matters  heretofore 
referred  to  the  Committee  on  Phraseology  and  Style  have  been  reported  to 
this  Convention; 

And  Whereas,  The  General  Assembly  will  convene  in  this  hall  on  the 
first  Wednesday,  after  the  first  Monday,  in  January,  A.  D.  1921,  and  in  all 
probability  will  occupy  the  hall  until  on  or  about  the  first  day  of  July, 
A.  D.  1921;  now,  therefore  be  it 

Resolved ,  That  when  the  Convention  adjourns  today  it  stand  adjourned 
until  the  first  Tuesday  in  September,  A.  D.  1921,  at  ten  o’clock  a.  m.>  on 
said  day. 

And  the  resolutoin  was  adopted. 

Mr.  Dupuy  moved  that  the  President  be  granted  authority  to  call 
the  Convention  to  order  at  any  time  during  the  recess,  should  any 
emergency  arise. 

And  the  motion  prevailed. 

The  President  laid  before  the  Convention  the  appointment  of  Mr, 
Gray  as  chairman  of  the  Committee  to  Edit  Debates  vice  Mr.  Clarke, 
who  resigned  to  accept  the  chairmanship  of  the  Committee  on  Phrase¬ 
ology  and  Style,  and  Mr.  Jarman,  as  a  member  of  the  Committee  on 
Judicial  Department  vice  Mr.  Conkling,  deceased. 

The  President  laid  before  the  Convention  the  following  communi¬ 
cation  from  the  Attorney  General,  which  was  ordered  placed  on  file : 

State  of  Illinois, 

Law  Department. 

Springfield,  December  9,  1920. 

Edward  J.  Brundage,  Attorney  General. 

File  No.  10620. 

Constitutional  Convention — Proposal  on  Ratification  of  Amendments  to 

Federal  Constitution. 

Honorable  Charles  E.  Woodward,  President,  Constitutional  Convention  of 
1920,  Springfield,  Illinois. 

Dear  Sir:  Your  letter  of  December  2  informs  me  that  the  Constitu¬ 
tional  Convention  has,  by  resolution,  requested  the  opinion  of  the  Attorney 
General  on  the  constitutionality  of  Proposal  No.  382,  reading  as  follows: 


292 


JOURNAL  OF  THE 


[Dec.  S. 


“Whenever  the  Congress  of  the  United  States  shall  by  appropriate 
resolution,  propose  an  amendment  to  the  Federal  Constitution,  such 
resolution  shall  be  filed  and  remain  in  the  office  of  the  Governor  until 
after  the  members  of  the  next  General  Assembly  shall  have  been  elected. 

“When  pursuant  to  law  and  this  election,  the  General  Assembly 
shall  have  been  organized,  the  Governor  shall  present  such  resolution 
and  proposed  amendment  for  consideration.” 

Article  V  of  the  Constitution  of  the  United  States  provides  two  methods, 
and  only  two,  of  ratifying  a  proposed  amendment  thereof — ratification  by 
legislatures  of  three-fourths  of  the  several  states,  or  by  conventions  in  three- 
fourths  thereof.  The  language  of  the  first  paragraph  of  said  Proposal 
applies  to  either  method  and  the  plain  effect  is  to  prevent  ratification  of 
such  proposed  amendment,  either  by  convention  or  by  legislature  “until 
after  the  members  of  the  next  General  Assembly  shall  have  been  elected.” 

The  second  paragraph  of  said  Proposal  requires  the  Governor  to  present 
such  proposed  amendment  and  the  resolution  of  Congress  proposing  same, 
to  the  “next  General  Assembly”  for  consideration,  after  it  shall  have  been 
organized  pursuant  to  law.  This  paragraph  requires  submission  of  the  pro¬ 
posed  amendment  to  the  legislature,  notwithstanding  that  Congress  may 
provide  for  ratification  by  conventions  instead  of  by  legislatures.  While  it 
may  be  doubted  whether  this  paragraph  prohibits  the  Governor  from  sub¬ 
mitting  such  resolution  and  proposed  amendment  to  a  convention  (when 
ratification  by  conventions  is  the  method  proposed  by  Congress),  it  certainly 
doe's  not  authorize  the  Governor  so  to  do.  In  case  ratification  by  conventions 
is  proposed  by  Congress,  leaving  the  states  to  provide  for  the  assembling  of 
such  conventions,  still  the  General  Assembly  in  existence  or  in  session  at 
the  time  when  such  amendment  is  proposed  by  Congress  is  precluded  by 
this  Proposal  from  considering  the  resolution  of  Congress,  even  to  the  extent 
of  providing  for  the  assembling  of  such  convention. 

It  is  not  wholly  irrelevant  to  remark  that  the  meaning  of  the  words 
“next  General  Assembly”  is  somewhat  uncertain.  Do  these  words  mean, 
the  next  General  Assembly  whose  members  are  elected  after  the  passage  of 
such  resolution  of  Congress,  or  do  they  mean,  the  first  General  Assembly 
which  convenes  and  organizes  after  the  passage  of  such  resolution? 

In  Hawke  v.  Smith,  U.  S.  Supreme  Court  (decided  June  1,  1920),  40 
Sup  Ct.  Rep.  495,  the  court  had  under  consideration  the  validity  of  a  pro¬ 
vision  in  the  State  Constitution  of  Ohio  which,  in  substance,  prevented  the 
legislature  of  that  'state  from  ratifying  a  proposed  amendment  to  the  Federal 
Constitution,  except  in  accordance  with  the  will  of  the  voters  of  that  state 
expressed  in  a  referendum  election  on  the  question  of  ratification  thereof. 

The  court  decided:  -  x 

That  ratification  by  a  legislature  of  a  proposed  amendment  to  the 
Federal  Constitution  is  not  an  act  of  legislation  within  the  proper  use  of 
the  word,  but  the  expression  of  the  assent  of  the  state  to  the  proposed 

amendment.  .  ,  ,  ,  , 

That  the  power  of  a  'state  legislature  to  ratify  a  proposed  amendment  to 

the  Federal  Constitution  is  not  derived  from  the  people  of  the.  state,  but  has 

its  source  in  such  Constitution. 

That  it  is  not  a  function  of  the  state  to  alter  the  method  of  ratifying  a 
proposed  amendment  to  the  Federal  Constitution  which  the  Constitution  has 

fixed. 

That  the  Constitution  provides  only  two  methods  of  ratification  of  a 
proposed  amendment  thereof,  one  by  the  legislatures  of  three-fourths  of  the 
states,  the  other  by  conventions  in  three-fourths  thereof,  as  Congress  may 


That  a  state  has  no  authority  to  require  the  submission  of  the  ratifica¬ 
tion  of  a  proposed  amendment  to  the  Federal  Constitution  to  a  referendum 

under  the  'state  Constitution.  , 

The  Proposal  now  under  discussion  does  not  contemplate  any  methoa 
cf  ratifying  a  proposed  amendment  to  the  Federal  Constitution  different 


1920.] 


CONSTITUTIONAL  CONVENTION. 


293 


from  that  provided  by  the  Federal  Constitution.  Said  Proposal  does  not 
deal  with  the  method  of  ratification.  The  evident  purpose  of  this  Proposal 
is  to  afford  the  people  of  this  State  an  opportunity  to  consider  such  pro¬ 
posed  amendment  and  to  choose  the  members  of  their  legislature  in  view 
of  the  impending  question  of  ratification  thereof,  which  such  members  must 
consider. 

The  practical  effect  of  this  Proposal,  should  it  become  part  of  the 
State  Constitution,  is  that  the  people  of  Illinois  prohibit  their  Legislature 
existing  at  the  time  of  the  passage  of  the  act  of  Congress  proposing  such 
amendment,  from  ratifying  or  even  considering  the  same.  The  Federal 
Supreme  Court  holds  that  the  power  to  ratify  is  not  conferred  by  the  people 
of  the  State  but  by  the  Constitution  of  the  United  States.  It  seems  reason¬ 
able  to  conclude  that  the  power  of  ratification  cannot  be  restricted  in  any 
way  by  the  people  of  the  State,  and  the  Proposal  here  in  question  does,  in 
substance  and  effect,  restrict  the  power  of  the  Legislature  conferred  upon 
it  by  the  Federal  Constitution.  I  think  it  may  be  strongly  argued  on  the 
basis  of  the  opinion  in  the  Hawke  case,  that  the  Constitution  commits  to 
the  Legislature  itself  the  power  to  determine  for  itself,  and  free  from  restric¬ 
tion  or  limitation  imposed  by  State  authority,  what  consideration,  and  the 
time  and  manner  thereof,  it  shall  give  to  a  proposed  amendment  to  the 
Federal  Constitution,  or  to  a  resolution  of  Congress  proposing  the  same. 

I  have  been  unable  to  find  that  the  validity  of  such  a  provision  has  been 
passed  upon  by  the  Federal  courts,  but  in  the  adoption  of  a  recent  amend¬ 
ment  by  one  of  the  states  the  validity  of  a  similar  provision  in  its  Consti¬ 
tution  has  been  strongly  asserted.  In  the  absence  of  definite  judicial  ex¬ 
pression,  I  hesitate  to  express  a  definite  opinion  on  the  validity  of  this 
Proposal,  but  I  feel  constrained  to  say  that  there  is  at  least  a  strong  prob¬ 
ability  that  said  Proposal  is  repugnant  to  the  Constitution  of  the  United 
States. 

Very  truly  yours, 

Edward  J.  Brundage,  Attorney  General. 

At  the  hour  of  11 :20  o’clock  a.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  in  accordance  with  the  resolution,  heretofore  adopted,  the  Con¬ 
vention  stood  adjourned  until  the  first  Tuesday  in  September,  A.  D. 
1921,  at  10:00  o’clock  a.  m. 


294 


JOURNAL  OF  THE 


[Sept,  G, 


TUESDAY,  SEPTEMBER  6,  1921,  10:00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Abram  G.  Bergen,  of  the  Fifth  Pres¬ 
byterian  Church,  of  Springfield. 

The  Journal  of  Tuesday,  December  7,  1920,  having  been  printed, 
and  placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules, 
was  taken  up  and,  no  corrections  appearing,  was  ordered  to  stand 
approved. 

The  Convention  proceeding  on  the  Order  of  Reports  of  Standing 
Committees,  Mr.  Clarke  submitted  the  following  reports : 


Report  No.  7. 

YOUR  COMMITTEE  OK  PHRASEOLOGY  AND  STYLE,  TO 
WHICH  WAS  REFERRED  A  PROPOSAL  IK  RELATIOK  TO 
SUFFRAGE  AKD  ELECTIOKS  (IKTRODUCTIOK  KO.  351, 
REFEREKCE  KO.  6)  AS  AMEKDED  IK  COMMITTEE  OF 
THE  WHOLE,  RESPECTFULLY  REPORTS  THAT  IT  HAS 
COKSIDERED  SUCH  PROPOSAL  AKD  HEREWITH  SETS 
FORTH  IK  PARALLEL  COLUMKS  SAID  PROPOSAL  AS 
ADOPTED  IK  COMMITTEE  OF  THE  WHOLE  OK  THE 
LEFT  AKD  A  SUBSTITUTE  THEREFOR  AS  RECOM- 
MEKDED  BY  THIS  COMMITTEE  OK  THE  RIGHT. 


Resolved,  That  the  following  shall  become  a  part  of  the  Constitu¬ 


tion  of  Illinois: 

Section  1.  Every  citizen  of  the 
United  States  having  resided  in  this 
State  one  year,  in  the  county  ninety 
days,  and  in  the  election  district 
thirty  days  next  preceding  any  elec¬ 
tion  therein,  and  who  shall  be  above 
the  age  of  twenty-one  years,  shall  be 
a  qualified  elector  at  such  election. 
No  person,  however,  shall  he  entitled 
to  vote  who  has  not  been  a  resident 
of  the  United  States  for  five  years, 
unless  he  or  she  shall  have  acquired 
citizenship  within  less  than  five  years 
by  reason  of  service  in  the  military 
or  naval  forces  of  the  United  States. 

Section  2.  All  votes  shall  he  by 
ballot. 


Section  1.  Excepting  only  idiots 
and  persons  adjudged  insane  or  con¬ 
victed  of  infamous  crime  and  not  re¬ 
stored  to  civil  rights,  every  citizen 
of  the  United  States  above  the  age 
of  twenty-one  years  who  has  resided 
in  the  State  one  year  and  (unless 
naturalized  because  of  military  or 
naval  service)  in  the  United  States 
five  years,  shall  be  a  qualified  elector, 
but  may  vote  only  in  the  election 
district  and  county  in  which  he  has 
resided  thirty  and  ninety  days  re¬ 
spectively  next  before  such  election. 

Section  3.  All  votes  shall  be  by 
ballot. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


295 


Section  3.  Electors  shall,  in  all 
cases  except  treason,  felony  or  breach 
of  the  peace,  be  privileged  from  ar- 
rest  during  their  attendance  at  elec¬ 
tions  and  in  going  to  and  returning 
from  the  same.  And  no  elector  shall 
he  obliged  to  do  military  duty  on  the 
days  of  election,  except  in  time  of 
war  or  public  danger. 

Section  4.  No  elector  shall  he 
deemed  to  have  lost  his  residence  in 
this  State  by  reason  of  his  absence  on 
the  business  of  the  United  States  or 
of  this  State,  or  in  the  military  or 
naval  service  of  the  United  States. 


Section  5.  No  soldier,  seaman  or 
marine  in  the  army  or  navy  of  the 
United  States  shall  be  deemed  a  resi¬ 
dent  of  this  State  in  consequence  of 
being  stationed  therein. 

Section  6.  No  person  shall  be  elect¬ 
ed  or  appointed  to  any  office  in  this 
State,  civil  or  military,  who  is  not  a 
citizen  of  the  United  States,  and  who 
shall  not  have  resided  in  this  State 
one  year  next  preceding  the  election 
or  appointment,  or  who  Is  unable  to 
read  and  write  the  English  language. 

Section  7.  No  idiot  or  person  ad¬ 
judged  insane,  or  person  convicted  of 
any  infamous  crime,  shall  he  entitled 
to  the  privilege  of  an  elector  unless 
restored  to  civil  rights. 

Section  8.  Except  as  otherwise 
provided  by  general  law,  concurred 
in  by  two-thirds  of  the  members  elect¬ 
ed  to  each  branch  of  the  General  As¬ 
sembly,  and  passed,  after  January  1, 
1927,  all  regular  final  elections  to  fill 
offices  created  by  this  constitution, 
or  which  are  or  may  be  established 
by  law,  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  in 
November  in  each  year  and  at  no 
other  time.  Special  elections  to  fill 
vacancies  in  elective  offices,  except 
as  otherwise  provided  in  this  Consti¬ 
tution,  shall  be  held  on  the  day  of 
the  regular  election. 

Section  9.  When  a  vacancy  shall 
happen  in  an  elective  office  and  the 
unexpired  term  is  less  than  fifteen 
months,  the  appointing  power  shall 
fill  such  vacancy  by  appointment. 
When  the  unexpired  term  is  fifteen 


Section  4.  Except  for  treason,  fel¬ 
ony  or  breach  of  the  peace,  electors 
shall  be  privileged  from  arrest  dur¬ 
ing  attendance  at  and  in  going  to 
and  returning  from  elections.  Mili¬ 
tia  duty  shall  not  be  required  of  elec¬ 
tors  on  election  days  except  in  time 
of  war  or  public  danger. 

Section  2.  No  person  shall  be 
deemed  to  have  lost  his  voting  resi¬ 
dence  because  of  absence  in  the  ser¬ 
vice  of  the  State  or  the  United  States 
nor  to  have  a  voting  residence  be¬ 
cause  he  has  been  stationed  as  a 
soldier,  seaman  or  marine  in  this 
State. 

(Included  in  Section  2.) 


Section  5.  No  person  shall  hold 
any  office  in  this  State  unless  he  is 
a  citizen  of  the  United  States,  resi¬ 
dent  in  this  State  one  year,  and  able 
to  read  and  write  the  English  lan¬ 
guage. 


(Included  in  Section  1.) 


Section  6.  No  final  election  of 
officers  shall  be  held  save  on  the 
Tuesday  after  the  first  Monday  of 
November  which  shall  be  a  holiday; 
but  after  the  first  day  of  January, 
1927,  the  General  Assembly,  by  a  two- 
thirds  vote  of  the  members  elected 
to  each  House,  may  provide  for  the 
election  of  officers  at  other  times. 


Section  7.  Every  vacancy  in  an 
elective  office  which  would  continue 
a  year  or  more  beyond  the  first  regu¬ 
lar  election  occurring  after  ninety 
days  shall  be  filled  at  such  election; 
but  such  vacancy  prior  to  the  quali- 


296 


JOURNAL  OR  TILE 


[Sept.  0. 


months  or  more,  such  vacancy  shall 
be  filled  at  a  special  election  to  be 
held  on  the  day  of  the  first  regular 
election  occurring  more  than  ninety 
days  next  ensuing  such  vacancy;  but 
a  temporary  appointment  may  be 
made  to  expire  upon  the  qualification 
of  the  person  elected  at  such  special 
election. 

Section  10.  All  regular  final  elec¬ 
tion  days  shall  be  legal  holidays. 

Section  11.  The  General  Assembly 
may  pass  laws  conducive  to  the  full 
exercise  of  the  right  of  suffrage  by 
all  persons  possessing  such  right. 


I  fication  of  the  person  elected,  and  all 
other  vacancies  may  be  filled  by  ap¬ 
pointment. 


(Included  in  Section  6.) 

Section  8.  The  General  Assembly 
may  pass  laws  conducive  to  the  full 
exercise  of  the  suffrage  by  all  those 
entitled  thereto. 

Section  9.  This  article  shall  ap¬ 
ply  to  all  elections  under  this  con¬ 
stitution  or  other  law. 


Respectfully  submitted, 

Elam  L.  Clarke,  Chairman. 
Thos.  Rinakek. 

Charles  B.  T.  Moore. 

E,  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edwtard  H.  Brewster. 


IN  RE  PROPOSAL  NO.  351. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  351,  being  a  Proposal 
entitled  Suffrage  and  Elections. 

Section  1.  The  reference  draft  departs  in  five  particulars  from 
the  Constitution  of  1870. 

1.  The  section  there  appears  in  a  single  sentence,  while  in  the  ref¬ 
erence  draft  it  is  phrased  in  two  sentences. 

2.  The  section  there  contains  a  provision  with  reference  to  persons 
who  had  the  right  to  vote  prior  to  1848,  which  is  omitted  in  the  refer¬ 
ence  draft. 

3.  The  guarantee  of  suffrage  to  persons  naturalized  m  any  couit 

of  record  is  eliminated.  #  a 

4.  A  provision  is  added  requiring  residence  in  the  United  States 

for  five  years,  except  in  the  case  of  a  person  naturalized  because  of  mili¬ 
tary  service. 

5.  The  word  “male”  is  omitted. 

•  The  section  in  the  reference  draft  contains  the  following  require¬ 
ments  : 

1st.  Citizenship  in  the  United  States.  .  i  n  . 

2nd.  Residence  of  (a)  thirty  days  in  the  election  district,  (b) 

ninety  days  in  the  county,  and  (c)  one  year  in  the  State.  . 

3rd.  ”  The  residence  must  be  next  preceding  the  election. 

4th.  The  elector  must  be  over  21  years  of  age. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


297 


5th.  Residence  in  the  United  States  for  five  years— unless  natural¬ 
ized  within  that  time  because  of  service  in  the  military  or  naval  forces. 

In  section  7  of  the  reference  draft  the  qualifications  for  voting  are 
further  limited.  There  it  is  provided  that  no  person  (unless  lestoied 
to  civil  rights)  shall  be  “entitled  to  the  privilege  of  an  elector”  who  is: 

6th.  An  idiot. 

7th.  Adjudged  insane. 

8th.  Convicted  of  infamous  crime. 

Inasmuch  as  sections  1  and  7  deal  with  the  same  subject  mattei. 

they  should  be  consolidated.  . 

The  two  sections  characterize  the  right  of  suffrage  in  three  diiiei- 
ent  ways;  namely,  (a)  qualified  electors,  (b)  persons  entitled  to  vote, 
and  (c)  persons  entitled  to  the  privilege  of  an  elector.  Each  oi  these 
three  phrases  in  the  reference  draft  is  intended  to  mean  the  same  thing 
but  the}r  are  susceptible  of  different  meanings.  Where  the  person  en¬ 
titled  to  the  privilege  or  franchise  of  voting  is  described,  the  noun 
“qualified  elector”  seem  to  your  committee  the  best  expression.  Where 
the  meaning  intended  is  that,  although  a  person  may  be  a  qualified  elec  ¬ 
tor,  he  shall  be  entitled  to  vote  only  in  a  particular  precinct,  youi  com¬ 
mittee  believes  the  best  expression  is  “may  vote  only.”  There  seems  to 
vour  committee  no  occasion  for  a  third  classification,  and  according  } 
the  phrase  “persons  entitled  to  the  privilege  of  an  elector  has  been 

^  There  are  really  two  kinds  of  residence  referred  to.  First,  the  resi¬ 
dence  which  is  required  of  a  qualified  voter  as  such,  including  residence 
in  the  State  for  one  year,  and  in  the  United  States  for  five  years;  second, 
the  residence  which  determines  where  a  “qualified  voter”  may  vote,  i.  e., 
residence  in  the  county  and  election  district  for  ninety  and  thirty  days 
respectively.  The  first  goes  to  the  right  to  vote  at  all,  the  second  only 
to  the  place  at  which  the  ballot  may  be  cast.  The  two  kinds  of  residence 
should  be  differentiated,  and  your  committee  has  distinguished  them  m 

•  its-  draft.  .  ,  ,  ,  • 

The  phrase  “infamous  crime”  is  difficult  to  construe.  As  used  in 

the  present  Constitution  the  words  have  three  possible  meanings,  t  ie.\ 
may  describe  crimes  which  are  made  infamous,  (1)  by  common  law,  (  ) 
by  the  statutes  in  force  in  1870,  or  (3)  by  statute  law  as  it  may  change 
from  time  to  time.  It  cannot  be  said  which  of  these  meanings  was  in¬ 
tended  by  the  Constitution  of  1870.  Furthermore  the  General  Assembly 
has  defined  an  “infamous  crime”  in  one  way  in  the  criminal  code  ( Hurd  s 
Revised  Statutes  1917,  Chapter  38,  Section  279),  and  in  another  way  m 
the  election  laws.  (Hurd’s  Revised  Statutes,  1917,  Chapter  4b,  Sec¬ 
tion  70).  An  infamous  crime,  as  that  term  is  usually  understood,  is 
equivalent  to  a  felony,  and  a  felony  is  generally  described  as  a  crime 
punishable  by  imprisonment  in  the  State  penitentiary.  It  should  be 
noted  that  in  the  Constitution  of  1870  the  General  Assembly  was  di¬ 
rected  to  exclude  from  the  suffrage,  persons  convicted  of  infamous  crimes. 
The  Committee  of  the  Whole  has  changed  this  provision  from  a  mandate 
to  the  General  Assembly,  to  a  self-executing  disfranchisement  of  persons 
convicted  of  such  crimes.  It  is  assumed  by  your  committee  that  m  mak¬ 
ing  this  change,  the  Committee  of  the  Whole  did  not  intend  to  deny  is 


298 


JOURNAL  OF  THE 


[Sept.  (), 


power  of  the  General  Assembly  to  change  from  time  to  time  the  defini¬ 
tion  of  “infamous  crime”  and  thus  determine  who  may  be  excluded 
from  the  franchise  under  this  provision.  Such  construction  appears  to 
be  logical  and  necessary  for  two  reasons.  First,  because  the  General 
Assembly  necessarily  has  the  power  to  control  the  definition  of  felonies 
or  infamous  crimes,  since  that  body  has  the  power  to  determine  what 
crimes  shall  be  punishable  by  imprisonment  in  the  penitentiary;  and 
second,  because,  in  the  nature  of  things,  the  term  “infamous  crimes” 
must  be  an  elastic  one  to  meet  changing  times  and  conditions. 

Under  a  literal  construction  of  the  Constitution  of  1870  idiots  and 
persons  adjudged  insane  apparently  were  not  denied  the  right  to  vote. 
The  Supreme  Court  however,  has  recognized  that  by  common  law  prin¬ 
ciples  such  persons  cannot  vote.  ( Behrensmeyer  v.  Kreitz,  135  UL 
591,  1891;  Welsh  v.  Shumwmj,  232  Ill.  54,  1908).  The  section  as 
adopted  by  the  Convention  and  as  redrafted  by  your  Committee  con¬ 
forms  to  the  policy  announced  in  these  decisions. 

The  question  has  arisen  as  to  whether  or  not  the  first  section  of 
the  article  on  suffrage  in  the  constitution  of  1870  makes  unconstitutional 
an  absentee  voting  law.  There  is  such  a  law  in  Illinois  but  its  constitu¬ 
tionality  has  never  been  tested.  At  the  time  it  was  passed  the  Attorney 
General  expressed  some  doubt  as  to  its  validity  under  this  section.  (Re¬ 
port,  Attorney  General,  1918,  pp.  300,  345).  The  changes  recommended 
by  your  committee  are  intended  to  remove  this  doubt. 

Under  Section  1  of  the  Constitution  of  1870  it  is  not  necessary 
that  a  person  should  have  resided  in  the  State,  county  and  district  for 
the  requisite  periods  after  he  became  a  citizen.  A  person  having  the 
necessary  qualifications  could  vote  the  day  after  he  became  naturalized. 
Your  committee  understands  that  there  was  no  intention  on  the  part 
of  the  Convention  to  alter  this  rule  by  changing  the  phrase  “every 
person  *  *  *  having  resided”  to  the  words  “every  citizen  *  *  * 

having  resided.”  Nor  does  your  committee  intend  any  change  in  this 
construction  by  the  language  recommended. 

Section  2.  This  section  of  the  reference  draft  has  been  made 
Section  3  of  this  report  and  no  change  is  suggested. 

Section  3.  This  section  has  been  made  Section  4  of  your  com¬ 
mittee’s  report. 

In  the  Constitution  of  1818  this  section  contained  only  the  first 
sentence.  In  1848  the  first  and  second  sentences  of  the  reference  draft 
appeared  as  separate  sections  and  the  same  form  was  adopted  in  the 
rejected  Constitution  of  1862.  The  Convention  of  1870  combined  the 
two  sections. 

In  the  first  sentence  the  verb  “be  privileged”  is  separated  from  the 
auxiliary  “shall”  by  several  words,  making  the  sentence  difficult  to  read. 
The  use  of  the  adjective  “same”  as  a  pronoun  is  objectionable  for  reasons 
heretofore  stated.  Your  committee  believes  that  the  exception  “for 
treason,  felony  or  breach  of  the  peace”  can  more  easily  be  comprehended 
if  placed  at  the  beginning  of  the  sentence. 

The  second  sentence  is  doubtless  intended  to  protect  the  suffrage 
of  persons  in  the  military  service  of  the  State,  rather  than  of  the  United 
States.  Obviously  the  State  of  Illinois  could  not,  by  its  Constitution, 


CONSTITUTIONAL  CONVENTION . 


299 


1921.] 


cr-uarantee  the  soldiers  in  the  service  of  the  Federal  Government  the  right 
to  vote.  Yonr  committee  has  therefore  substituted  the  word  “militia 
for  the*  word  “military”  thus  restoring  the  wording  used  prior  to  1870. 
The  sentence  has  been  otherwise  rephrased  with  some  economy  of  words. 

Sections  4  and  5  combined.  These  sections  of  the  reference  draft 
have  been  combined  in  Section  2  of  this  report  for  the  reason  that  they 
are  concerned  with  the  same  subject  matter.  The  new  section  has  been 
renumbered  since  it  logically  follows  Section  1. 

is  the  substantive  used  generally  throughout  the  article  and  for  the 
further  reason  that  a  person  who  has  lost  his  residence1  cannot  be  con¬ 
sidered  an  “elector.”  ,,  .  _  . 

The  word  “voting”  has  been  added  before  the  word  residence  to 

insure  that  the  rule  laid  down  is  a  rule  for  determining  the  residence 
necessary  in  order  to  vote,  and  not  a  rule  for  determining  residence 
for  other  purposes  such  as  divorce  or  attachment. 

The  word  “service”  as  used  in  your  committee’s  draft  includes  both 

“business”  and  “military  or  naval  service.” 

Section  6.  This  section  of  the  reference  draft  becomes  Section  5 

of  this  report. 

The  reference  draft  leaves  some  doubt  whether  a  person  would  be 
eligible  to  office  whose  one  year  of  residence  was  completed  after  his  elec¬ 
tion  but  before  he  assumed  office.  This  has  always  been  a  moot  ques¬ 
tion  and  has  frequently  been  litigated  with  varying  results.  (See  Article 
by  Floyd  R.  Mechem  in  1  Michigan  Law  Rev.  p.  17).  Your  committee 
believes  that  the  Convention  intends  to  require  an  eligible  officer  rather 
than  an  eligible  candidate  and  has  therefore  changed  the  words  to  read 

“no  person  shall  hold  any  office.”. 

Section  7.  This  section  of  the  reference  draft  has  been  discussed 

in  Section  1  of  this  report. 

Section  8.  This  section  becomes  Section  6  of  your  committee's 
draft.  It  is  a  new  section.  If  it  is  analyzed,  it  will  be  found  to  contain 

the  following  ideas :  x  1  J  ,  ,  , 

1.  It  applies  to  all  regular  final  elections,  (a)  whether  created  by 

the  Constitution,  or  (b)  created  by  law. 

2.  All  elections  shall  occur  on  a  single  day  in  each  year. 

3.  The  same  provisions  shall  apply  to  special  elections  and  general 
elections,  except  as  otherwise  provided  by  the  Constitution.  . 

4.  But  the  General  Assembly  may  change  the  provisions  ot  this 
section  upon  certain  conditions;  (a)  after  January  1,  1927,  (b)  by 
general  law,  (c)  concurred  in  by  two-thirds  of  the  membeis  electee  o 

each  house. 

Since  the  section  is  essentially  a  limitation  on  the  General  Assembly 
it  seems  best  to  phrase  the  section  directly  as  a  limitation,  rather  than 

in  the  indirect  form  of  the  reference  draft. 

The  clause  “offices  created  by  the  Constitution  or  which  may  be 
created  by  law”  was  doubtless  inserted  to  overcome  the  effect  of  the 
case  of  Scown  v.  Czamecki,  264  Ill.  305,  1914.  An  additional  section 
(Section  9)  has  been  added  by  your  committee  because  this  case  holds 


JOURNAL  OF  THE 


300 


i). 


in  effect  that  this  entire  article  has  no  application  to  statutory  elections. 
This  section  will  be  discussed  later. 

The  phrase  “except  as  otherwise  provided  in  this  Constitution*5 
seems  unnecessary.  The  section  is  in  the  form  of  a  general  provision 
as  to  elections  and  as  such  will  be  controlled  by  any  inconsistent  special 
provision  in  the  Constitution. 

Section  10  of  the  reference  draft  concerning  holidays  has  been  in¬ 
corporated  in  this  section  for  the  purpose  of  brevity.  A  day  declared 
by  law  to  be  a  “holiday55  is  necessarily  a  “legal  holiday.55 

The  last  part  of  this  section  in  the  reference  draft  referring  to 
special  elections,  has  been  dropped.  If  all  elections  are  required  to  be 
held  on  the  day  specified,  special  elections  to  fill  vacancies  are  included. 
This  is  clearly  indicated  by  the  next  section. 

Section  9.  This  section  of  the  reference  draft  is  Section  7  in  the 
draft  recommended  by  your  committee. 

This  section  also  is  new  with  this  Convention.  If  analyzed  it  will 
be  found  to  contain  the  following  elements : 

1.  Vacancies  in  elective  offices  shall  be  filled  by  election,  except 
when  the  period  of  vacancy  would  be  less  than  one  year. 

2.  Whenever  a  vacancy  is  to  be  filled  by  an  election,  the  election 
shall  not  occur  within  90  days  after  the  vacancy. 

3.  The  period  up  to  the  time  when  the  person  elected  qualifies 
may  he  filled  by  appointment. 

4.  There  shall  be  no  election  if  the  unexpired  term  is  for  less  than 
one  year. 

5.  All  vacancies  not  filled  by  election  as  thus  provided  shall  be 
filled  by  the  appointing  power. 

As  it  appears  in  the  reference  draft  this  section  might  lead  to  an 
unfortunate  result.  If  an  officer  died  on  August  15,  1920,  while  holding 
an  office  for  a  term  expiring  December  1,  1921,  no  election  of  a  successor 
could  be  held  in  November,  1920,  but  would  be  held  in  November,  1921, 
and  the  successor  then  elected  would  hold  office  barely  three  weeks. 
Your  committee  has  rephrased  the  section  to  avoid  this  result  and  to 
retain  its  full  meaning. 

Section  10.  This  section  of  the  reference  draft  is  included  in  Sec¬ 
tion  6  of  the  draft  of  your  committee. 

Section  11.  This  section  is  Section  8  in  the  draft  of  your  com¬ 
mittee.  Your  committee  has  many  times  called  attention  to  the  prin¬ 
ciple  that  a  provision  of  the  Constitution  affecting  the  General  Assembly 
must  be  construed  as  a  limitation  and  not  as  a  grant  of  power.  It  will 
therefore  be  seen  that  this  section  could  only  hamper  the  General  As¬ 
sembly  in  passing  a  compulsory  voting  law.  Thus  the  words  “by  all 
persons  possessing  such  right55  might  prevent  the  General  Assembly 
from  exempting  from  a  compulsory  voting  law  persons  sick  or  physically 

unable  to  vote. 

Again  the  use  of  the  word  “full55  might  render  invalid  any  com¬ 
pulsory  voting  law  which  did  not  compel  the  voter  to  vote  for  all  officers 
and  upon  all  issues  and  to  do  this  at  ever}r  election.  In  other  words 
this  section  might  be  held  to  require  the  compulsory  voting  law  to  denv 


1921.] 


CONSTITUTIONAL  CONVENTION. 


301 


a  voter’s  discretion  in  voting — as  for  example  in  refusing  to  vote  for 

either  of  two  equally  bad  candidates.  >  .  .  x. 

Your  committee  has  made  but  two  minor  changes  m  this  see u on. 

The  words  “right  of  suffrage”  have  been  shortened  to  lead  su  lage 
because  the  term  “suffrage”  means  the  right  or  privilege  of  voting. 
(Oxford  Dictionary).  The  words  “persons  possessing  such  rignt  ha\e 

been  changed  to  read  “persons  entitled  to  vote.” 

A  new  section.  In  commenting  on  Section  8  of  the  reference  drat, 
attention  has  been  called  to  Section  9  of  your  committee’s  draft.  In  the 
case  of  Plummer  v.  Yost ,  144  Ill.  68,  1893,  and  in  Scown  v  CzarnecU, 
264  Ill  305,  1914,  the  Supreme  Court  held  that  the  word  election 
as  used  in  Section  1  of  Article  7  of  the  Constitution  of  1810  did  not 
include  statutory  elections.  Such  a  construction  affects  the  entire  article 
as  well  as  the  first  section.  (See  dissenting  opinion  m  the  latter  case). 
The  debates  of  this  Convention  indicate  clearly  that  it  was  the  linent.ou 
to  override  this  construction.  In  the  judgment  of  your  committee  the 
most  effective  way  to  do  this  is  by  adding  another  section.  . 

The  report  of  vour  committee  here  presented  has  been  submitter  to 
and  approved  by  the  chairman  of  the  Committee  on  Suffrage  and 

Elections. 


Report  No.  8. 

YOUR  COMMITTEE  OY  PHRASEOLOGY  AYD  STYLE,  TO 
WHICH  WAS  REFERRED  A  PROPOSAL  ENTITLED  CHI¬ 
CAGO  AND  COOK  COUNTY  (INTRODUCTION  NO.  38K 
REEERFYCE  YO  17)  AS  AMEYDED  IY  COMMITTEE 
of  ME  WHOLE,  RESPECTFULLY  REPORTS  THAT  IT 
HAS  COYSIDERED  SUCH  PROPOSAL  AYD  HEREWITH 
SETS  FORTH  IY  PARALLEL  COLUMYS  ARTICLE  I  OF 
SAID  PROPOSAL  AS  ADOPTED  IY  COMMITTEE  OF  THE 
WHOLE  OY  THE  LEFT,  AYD  A  SUBSTITUTE  THEREFOR 
AS  RECOMMEYDED  BY  THIS  COMMITTEE  OY  THE 

RIGHT. 

Resolved,  That  the  following  shall  become  a  part  of  the  Constitu¬ 
tion  of  Illinois: 


ARTICLE  I. 


Section  1.  Except  as  expressly 
limited  by  law  the  city  of  Chicago 
is  hereby  granted  and  declared  to 
possess  full  and  complete  powers  of 
local  self-government  and  corporate 
action  for  all  municipal  purposes. 
The  city  may  assess  and  collect  taxes 
and  borrow  money  for  corporate  pur¬ 
poses  only  as  authorized  by  law. 


Section  1.  Except  as  expressly 
prohibited  by  law,  the  city  of  Chi¬ 
cago  is  hereby  declared  to  possess, 
for  all  municipal  purposes,  full  and 
complete  power  of  local  self-govein- 
ment  and  corporate  action.  Until 
otherwise  provided  by  charter  these 
powers  shall  be  exercised  by  or  in 
accordance  with  city  ordinances.  The 
city  may  impose  taxes  and  borrow 
money  only  as  authorized  by  law. 


JOURNAL  OF  THE 


[Sept.  6. 


802 


Section  2.  Charter  Convention. 
The  legislative  authority  of  the  city 
of  Chicago  may  provide  for  the  call¬ 
ing  of  an  elective  convention  to 
frame  a  city  charter,  or  to  amend  any 
existing  charter,  and  the  power  here¬ 
by  granted  shall  be  a  continuing 
power.  The  question  whether  a  con¬ 
vention  shall  be  called  shall  be  sub¬ 
mitted  at  an  election  held  prior  to 
the  election  for  delegates.  The  char¬ 
ter  framed  by  the  convention  and  all 
amendments  thereof,  proposed  as 
provided  therein,  shall  be  submitted 
to  and  adopted  by  the  voters  of  the 
city  in  the  manner  provided  by  the 
convention.  The  election  laws  of  the 
State  and  the  powers  and  duties  ex¬ 
isting  thereunder  may,  by  the  legis¬ 
lative  authority  of  the  city,  or  by 
the  convention,  be  made  available 
for  the  purpose  of  the  charter.  The 
General  Assembly  may  enact  further 
election  laws  in  aid  of  this  section. 

Provisions  of  the  charter,  or  of 
amendments  of  or  additions  to  the 
charter,  or  ordinances  passed  in  pur¬ 
suance  thereof,  which  relate  to  the 
organization  of  the  government  of 
the  city,  to  the  distribution  of  powers 
among  its  official  agencies  or  to  the 
tenure  and  compensation  of  its  offi¬ 
cials  shall  prevail  over  the  statutes 
of  the  State  in  conflict  therewith.  In 
other  matters  the  charter  or  ordi¬ 
nances  passed  thereunder  shall  con¬ 
form  to  the  State  law. 

A  certified  copy  of  said  charter  or 
any  amendment  thereto  shall  be  filed 
with  the  Secretary  of  State  within 
thirty  days  after  its  adoption  by  ref¬ 
erendum  vote  and  shall  not  take 
effect  until  so  filed. 

Rates  of  compensation,  as  well  as 
conditions  of  appointment  and  pro¬ 
motion  in  the  civil  service  of  the 
city  shall  be  determined  according 
to  a  general  plan,  which  shall  recog¬ 
nize  merit  and  fitness  as  controlling 
principles. 

Section  3.  Eminent  Domain.  The 
city  of  Chicago  shall  have  power  to 
condemn  private  property  (including 
public  utilities  and  the  privileges  or 
licenses  held  in  connection  there¬ 
with)  for  public  use  in  accordance 
with  law.  The  power  to  condemn 
property  lying  outside  of  the  corpor¬ 
ate  limits  shall  be  determined  by  law. 


Section  2.  The  legislative  au¬ 
thority  of  the  city,  from  time  to  time, 
may  submit  to  the  voters  a  proposal 
to  call  a  convention  to  frame  a  city 
charter.  Upon  approval  of  the  pro¬ 
posal  by  a  majority  'of  those  voting 
thereon,  the  legislative  authority  of 
the  city  may  provide  for  an  election 
of  delegates  to  such  convention.  The 
charter  and  all  amendments  (which 
shall  be  made  only  as  provided  there¬ 
in)  shall  be  submitted  to  the  voters 
in  such  manner  as  the  convention 
or  charter  provides.  The  State  elec¬ 
tion  laws  and  the  powers  and  duties 
existing  thereunder  shall  be  available 
for  the  purposes  of  this  section;  and 
further  election  laws  may  be  passed 
in  its  aid. 

Provisions  of  the  charter  and  its 
amendments  and  of  all  ordinances 
passed  thereunder  regulating  the  or¬ 
ganization  of  the  city  government, 
the  division  of  power  among  its 
official  agencies  and  the  tenure  and 
compensation  of  its  officers  and  em¬ 
ployees,  shall  prevail  over  State  laws 
in  conflict  therewith.  In  other  re¬ 
spects  the  charter  and  ordinances 
passed  thereunder  shall  not  be  in 
conflict  with  State  laws. 

Neither  the  charter  nor  its  amend¬ 
ments,  nor  ordinances  passed  there¬ 
under,  shall  impair  the  rights  con¬ 
cerning  civil  service  appointments, 
promotions  or  removals  secured  by 
the  present  laws. 

Before  a  charter  or  any  amend¬ 
ment  thereof  takes  effect  a  copy 
shall  be  filed  with  the  Secretary  of 
State. 


Section  3.  In  the  exercise  of  the 
power  of  eminent  domain  by  the  city 
of  Chicago,  public  utilities  and  their 
privileges  and  licenses  shall  be  con¬ 
sidered  private  property. 


1921.] 


COXSTITUTIOXAL  COXYEXTIOX. 


Section  4.  Public  Utilities.  The 
power  of  the  city  to  own,  acquire, 
construct,  operate  or  let  or  lease  for 
operation  public  utilities,  or  to  sell 
the  same  or  the  product  or  serv¬ 
ice  thereof,  shall  not  be  denied  by 
law,  but  may  be  reasonably  regulated 
by  general  law. 

Section  5.  The  city  shall  be  auth¬ 
orized  to  join  with  any  other  munici¬ 
pality,  in  such  manner  as  may  be 
provided  by  law,  for  the  joint  con¬ 
struction  of  local  improvements,  pub¬ 
lic  utilities  or  other  local  services. 

Section  6.  Special  Legislation  and 
Local  Consent.  The  General  Assem¬ 
bly  may  enact  local  or  special  laws 
relating  to  the  governmental  affairs 
of  the  city  of  Chicago,  but  such  laws 
shall  not  become  effective  until  con¬ 
sented  to  by  the  city.  A  law  which 
at  the  time  of  its  enactment  is  ap¬ 
plicable  to  the  governmental  affairs 
of  no  other  city  than  the 'city  of  Chi¬ 
cago  shall  be  deemed  a  local  or 
special  law. 

Section  7.  The  consent  of  the  city 
shall  also  be  required  for  the  crea¬ 
tion  or  for  the  enlargement  of  any 
municipal  corporation  (other  than  a 
county)  exercising  taxing  powers  in 
any  part  of  the  city  of  Chicago  or 
for  the  increase  of  the  taxing  powers 
of  any  such  municipal  corporation 
hereafter  created  or  enlarged. 

Section  8.  The  consent  of  the  city, 
whenever  required  by  this  Constitu¬ 
tion,  shall  be  expressed  by  ordinance, 
and  the  General  Assembly,  the  city 
council  or  the  charter  may,  in'  addi¬ 
tion,  require  the  submission  of  the 
proposition  to  the  voters  of  the  city. 
Any  ordinance  consenting  to  the  cre¬ 
ation,  enlargement  or  consolidation 
of  taxing  bodies  as  provided  in  this 
article  shall  not  take  effect  until 
ninety  days  after  its  enactment,  and 
if  within  that  period  either  one-third 
of  the  members  of  the  legislative 
authority  of  the  city  or  five  thousand 
voters  demand  its  submission  to 
popular  vote,  it  shall  not  take  effect 
until  submitted  to  the  voters  in  ac¬ 
cordance  with  law  and  approved  by  a 
majority  of  those  voting  upon  the 
question. 


Section  4.  The  General  Assembly 
shall  not  deny,  but  by  general  law 
may  reasonably  regulate,  the  power 
of  the  city  to  own,  acquire,  construct, 
operate,  sell,  lease  or  let  public  util- 
ties  or  to  sell  the  product  or  service 
thereof. 


Section  5.  The  city  may  join,  as 
provided  by  law,  with  any  municipal 
corporation  for  the  construction  of 
local  improvements  or  public  utili¬ 
ties  or  the  operation  of  other  local 
services. 

Section  6.  Local  or  special  laws 
affecting  the  municipal  affairs  of  the 
city  may  be  enacted,  but  such  laws 
shall  not  take  effect  until  the  city 
consents.  If  a  law  is  applicable, 
when  enacted,  to  the  municipal 
affairs  of  the  city  of  Chicago  only, 
it  is  a  local  or  special  law. 


Section  7.  Unless  the  city  con¬ 
sents,  no  municipal  corporation 
(other  than  a  county)  exercising 
taxing  powers  within  the  city  shall 
be  created  or  enlarged;  nor  shall 
the  taxing  power  of  any  such  corpor¬ 
ation  hereafter  created  or  enlarged 
be  increased  without  such  consent. 


Section  8.  The  consent  of  the  city, 
whenever  prescribed  by  this  Consti¬ 
tution,  shall  be  expressed  by  ordi¬ 
nance,  but  the  General  Assembly, 
the  City  Council  or  the  charter  may 
prescribe  in  addition  the  approval 
of  such  ordinance  by  a  majority  of 
the  voters  voting  on  the  question. 
Any  ordinance  consenting  to  the  cre¬ 
ation,  enlargement  or  consolidation 
of  taxing  authorities  shall  not  take 
effect  until  ninety  days  after  its 
enactment,  and  if  within  that  period 
either  one-third  of  the  City  Council 
or  five  thousand  voters  petition  the 
City  Council  to  submit  the  ordinance 
to  popular  vote,  it  shall  not  take 
effect  until  it  is  approved  at  an  elec¬ 
tion  by  a  majority  of  'those  voting 
on  the  question. 


304 


JOURNAL  OF  THE 


[Sept.  G, 


Section  9.  Consolidation.  Munici¬ 
palities  Wholly  Within  the  City  and 
Overlapping  Townships.  The  char¬ 
ter  framed  by  an  elective  convention 
as  herein  authorized,  may  provide  for 
the  consolidation  (in  whole  or  in 
part)  with  the  City  of  Chicago,  of 
any  or  all  of  the  municipal  corpor¬ 
ations  and  local  governments,  boards 
or  authorities  exercising  taxing- 
powers  or  any  powers  of  government 
confined  to  the  territory  now  or  here¬ 
after  embraced  within  the  limits  of 
the  city  of  Chicago.  The  charter  so 
framed  may  also  provide  that  where 
any  township  embraces  territory 
partly  within  and  partly  without  the 
present  or  future  limits  of  the  city, 
the  part  within  the  city  shall  be  de¬ 
tached  from  such  township  and  con¬ 
solidated  with  the  city.  Any  munici¬ 
pal  corporation,  local  government, 
board  or  authority  consolidated  with 
the  city  shall  be  abolished  and  the 
city  shall  assume  all  the  debts  and 
liabilities  and  succeed  to  all  the 
rights  and  property  thereof.  In  case 
township  government  shall  be  con¬ 
solidated  with  the  city,  the  powers 
of  township  officers,  insofar  as  they 
relate  to  the  collection  of  taxes,  shall 
be  exercised  by  the  county  treasurer, 
until  otherwise  provided  by  law. 

Section  10.  Consolidation  of  Sani¬ 
tary  District  and  of  Forest  Preserve 
District.  The  charter  may  also  pro¬ 
vide  for  the  consolidation  of  the  gov¬ 
ernment  of  the  sanitary  district  of 
Chicago  and  of  the  forest  preserve 
district  of  Cook  County,  or  of  either, 
with  the  government  of  the  city  of 
Chicago.  Such  consolidation  shall, 
as  regards  each  of  said  districts,  be 
submitted  as  a  separte  proposition 
to  the  voters  of  the  entire  district 
and  shall  not  become  effective  unless 
the  vote  in  its  favor  shall  be  cast  by 
a  majority  of  the  voters  of  the  dis¬ 
trict  as  well  as  by  a  majority  of  the 
city,  voting  upon  the  question.  The 
charter  shall  prescribe  the  manner 
and  fix  the  time  of  submitting  such 
proposition  to  a  vote.  If  such  propo¬ 
sition  shall  fail  to  be  approved  at  any 
election,  it  may  thereafter  be  resub¬ 
mitted  from  time  to  time  in  such 
manner  as  the  charter  may  prescribe. 
It  shall  be  the  duty  of  all  election 
officials  responsible  for  conducting 
elections  within  either  of  said  dis¬ 
tricts  or  any  part  thereof,  to  submit 
such  proposition  to  the  voters  thereof 


Section  9.  The  charter  framed  by 
the  Convention  may  provide  for  the 
consolidation  with  the, city  of  any 
or  all  municipal  corporations,  local 
governments,  boards  or  other  author¬ 
ities  which  exercise  powers  confined 
to  the  limits  of  the  city.  The  char¬ 
ter  may  also  detach  and  consolidate 
with  the  city  that  part  of  any  town¬ 
ship  which  lies  within  the  limits  of 
the  city.  The  city  shall  thereupon 
succeed  to  all  the  powers,  property 
and  liabilities  of  the  authority  so 
consolidated  with  it,  and  thereupon 
such  authority  shall  be  abolished. 
Until  otherwise  provided  by  law  the 
county  treasurer  shall  collect  the 
taxes  in  townships  or  parts  thereof 
consolidated  with  the  city. 


Section  10.  The  charter  may  pro¬ 
vide  for  the  consolidation  of  the 
Sanitary  District  of  Chicago  and  the 
Forest  Preserve  District  of  Cook 
County,  or  either  of  them,  with  the 
city.  No  such  consolidation  shall  be 
made  until  it  is  approved  by  a  ma¬ 
jority  of  those  voting  on  the  question 
in  the  district  and  in  the  city.  The 
proper  election  officers  shall  submit 
such  proposition  to  the  voters  as 
directed  by  the  charter.  All  powers, 
property  and  liabilities  of  either  dis¬ 
trict  so  consolidated  shall  devolve 
upon  the  city,  but  the  city  shall 
exercise  no  taxing  power  over  terri¬ 
tory  beyond  its  limits,  by  virtue  of 
such  consolidation. 

Section  10%.  The  word  charter  as 
used  in  the  two  preceding  sections 
includes  any  amendment.  The  ques¬ 
tion  of  consolidation  shall  be  sub¬ 
mitted  to  be  voted  on  separately 
from  the  question  of  adopting  the 
charter  and  the  charter  may  provide 
for  resubmitting  the  question  from 
time  to  time. 


1921.] 


CONSTITUTIONAL  CONTENTION. 


305 


in  accordance  with  the  provisions  of 
the  charter. 

Upon  such  consolidation  becoming 
effective,  the  title  to  and  the  control 
and  management  of  all  the  property 
then  held  by  the  district  thus  con¬ 
solidated  shall  be  vested  in  the  city, 
and-  the  city  shall  have  all  powers 
and  assume  all  debts  and  liabilities 
of  the  district,  but  shall  exercise  no 
taxing  powers  over  territory  outside 
of  the  city  limits  by  virtue  of  such 
consolidation. 

The  word  “charter”,  as  used  in  this 
section  and  the  preceding  section, 
shall  be  construed  to  include  any 
amendment  thereof  and  the  power  of 
consolidation  hereby  granted  shall  be 
deemed  to  be  a  continuing  power. 

Section  11.  After  consolidation  of 
the  sanitary  district  and  until  other¬ 
wise  provided  by  law,  the  city  shall 
continue  bo  furnish  to  the  inhabitants 
of  the  territory  within  the  district 
as  constituted  at  the  time  of  the  con¬ 
solidation,  but  lying  beyond  the  pres¬ 
ent  or  future  limits  of  the  city,  with¬ 
out  cost  or  expense  to  them  or  to  the 
municipalities  within  such  territory, 
sewage  disposal  service  bo  the  extent 
furnished  to  them  by  the  district  at 
that  time.  The  General  Assembly 
shall  have  no  power  to  enlarge  the 
obligation  thereby  assumed  by  the 
city  except  to  require  the  city  to 
furnish  to  the  inhabitants  of  the 
municipalities  in  such  territory,  or 
any  part  thereof,  at  their  own  cost 
and  expense  additional  or  increased 
service  for  sewage  disposal  purposes. 
All  duties  or  obligations  imposed  by 
law  at  the  time  of  such  consolidation 
for  the  benefit  of  the  inhabitants  of 
such  territory,  or  any  part  thereof, 
upon  the  city  or  sanitary  district 
with  respect  bo  other  forms  of  service 
shall  be  assumed  by  the  city  unless 
it  shall  be  relieved  thereof  by  the 
General  Assembly. 

Section  12.  Tax  Rate  After  Con¬ 
solidation.  After  consolidation  in 
whole  or  in  part,  and  until  a  new 
tax  rate  shall  have  been  established 
by  law,  the  city  may  levy,  in  addi¬ 
tion  to  the  annual  general  tax  on  the 
property  then  authorized  to  be  levied, 
an  annual  tax  equal  to  the  amount 
of  the  taxes  caused  bo  be  extended 
upon  the  collector’s  warrants  in  the 
year  last  preceding  the  consolidation 
by  the  taxing  authorities  so  consoli¬ 
dated  with  the  city. 

—20  C  J 


Section  11.  After  such  consolida¬ 
tion  of  the  Sanitary  District,  and 
until  otherwise  provided  by  law,  the 
city  shall  furnish  without  charge 
sewage  disposal  service  beyond  its 
limits  in  the  territory  of  the  district 
as  constituted  at  the  time  of  consoli¬ 
dation,  but  only  to  the  extent  then 
furnished  by  the  district.  The  Gen¬ 
eral  Assembly  shall  not  enlarge 
this  obligation  of  the  city  but  may 
require  it  to  furnish  increased  sew¬ 
age  disposal  service  to  the  inhabi¬ 
tants  or  municipalities  in  such  terri¬ 
tory  at  their  expense.  Obligations 
for  other  forms  of  service  in  such 
territory  imposed  by  law  upon  the 
district  or  the  city  at  the  time  of 
consolidation  shall  be  assumed  by 
the  city  until  it  is  relieved  there¬ 
from  by  the  General  Assembly. 


Section  12.  After  any  consolida¬ 
tion,  and  until  a  new  tax  rate  is 
fixed  by  law,  the  city  may  levy,  in 
addition  to  the  annual  tax  then  au¬ 
thorized  to  be  levied,  an  annual  tax 
equal  to  the  amount  of  taxes  caused 
to  be  extended  by  the  authorities  so 
consolidated,  upon  the  collector’s 
warrants  in  the  year  last  preceding 
the  consolidation. 


JOURNAL  OF  THE 


806 


Section  13.  Park  Consolidation 
Act  Preserved.  The  foregoing  pro¬ 
visions  concerning  consolidation 
shall  not  affect  the  right  of  the  city, 
acting  through  the  city  council,  or 
otherwise,  to  avail  itself  of  the  pro¬ 
visions  of  an  Act  entitled  An  Act 
to  consolidate  in  the  government  of 
the  city  of  Chicago  the  powers  and 
functions  now  vested  in  local  govern¬ 
ments  and  authorities  within  the 
territory  of  said  city  and  to  make 
provision  concerning  the  same  ,  ap¬ 
proved  June  29th,  1915,  oi  any 

amendment  thereof. 

Section  14.  Legislative  Consolida¬ 
tion.  The  General  Assembly  may 
provide  additional  or  alternative 
methods  for  the  consolidation  of 
local  governments  with  the  city  of 
Chicago,  subject  to  the  consent  of 
the  city. 

Section  15.  Debt  Limit  After  Con- 
solidation.  The  city  of  Chicago,  in 
the  event  of  any  one  or  more  of  the 
municipal  corporations  lying  wholly 
or  partly  within  said  city  becoming 
consolidated  therewith,  and  in  the 
event  of  said  city  becoming  liable 
for  the  indebtedness  of  any  such 
municipal  corporations,  may  become 
indebted  to  an  amount  (including  its 
existing  indebtedness  and  the  indeb¬ 
tedness  of  all  municipal  corporations 
lying  wholly  within  the  limits  of 
said  city,  and  said  city’s  propor¬ 
tionate  share  of  the  indebtedness  of 
the  County  of  Cook,  the  Forest  Pre¬ 
serve  District  of  Cook  County,  and 
the  Sanitary  District  of  Chicago)  in 
the  aggregate  not  exceeding  five  per 
centum  of  the  full  value  of  the  tax¬ 
able  property  within  its  limits  as  as¬ 
certained  by  tne  last  assessment  for 
State  and  county  taxes  previous  to 
the  incurring  of  such  indebtedness, 
but  no  new  bonded  indebtedness 
(other  than  for  refunding  purposes) 
shall  be  incurred  until  the  proposi¬ 
tion  therefor  shall  be  consented  to 
bv  a  majority  of  the  legal  voters  of 
said  city  voting  upon  the  question. 
The  city’s  proportionate  share  of  the 
indebtedness  of  the  County  of  Cook 
and  of  other  municipal  corporations 
herein  named  shall  bear  the  same 
ratio  of  the  entire  indebtedness 
thereof  as  the  value  of  the  taxable 
property  of  such  municipal  corpor¬ 
ations  within  the  city  bears  to  the 


Section  16.  The  rights  of  the  city 
under  the  Act  for  the  Consolidation 
of  Local  Governments,  approved 
June  29,  1915,  or  any  amendment 
thereof,  are  not  affected  by  the  fore¬ 
going  provisions. 


Section  17.  The  General  Assembly 
may  provide  additional  or  alternative 
methods  for  consolidating  local  gov¬ 
ernments  within  the  city  of  Chicago 
subject  to  its  consent. 


Section  13.  If  any  municipal  cor¬ 
poration  is  consolidated  with  the 
city,  the  city  may  become  indebted 
in  the  aggregate  to  an  amount  not 
exceeding  five  per  cent  of  the  full 
value  of  the  taxable  property  withm 
its  limits.  In  computing  this  aggre¬ 
gate  amount  the  existing  indebted¬ 
ness  of  the  city  and  the  indebtedness 
of  all  municipal  corporations  lying 
wholly  within  the  limits  of  the  city 
and  the  city’s  proportionate  share 
of  the  indebtedness  of  the  County 
of  Cook,  the  Forest  Preserve  District 
and  the  Sanitary  District  shall  be 
included.  The  city’s  share  of  the 
debt  of  any  of  these  corporations 
shall  be  determined  by  the  propor¬ 
tion  within  the  city  of  the  taxable 
value  of  the  property  in  such  corpor- 

ation.  .. 

No  new  bonded  indebtedness  shall 
be  incurred  by  the  city  f'or  other 
than  refunding  purposes  without  the 
approval  of  the  majority  of  the 
voters  voting  on  the  question. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


307 


value  of  the  entire  taxable  property 
of  such  municipal  corporations  as  as¬ 
certained  by  the  last  assessment  for 
State  and  county  purposes. 

Section  16.  No  municipal  corpor¬ 
ation  hereafter  created  within  the 
County  of  Cook  having  territory 
covering  the  territory  of  the  city  of 
Chicago  or  any  part  thereof  shall  he 
allowed  to  become  indebted  other¬ 
wise  than  to  the  extent  of  its  current 
annual  revenues. 

Section  17.  Subject  to  Sections  8, 
9,  10,  11  and  12  of  the  Revenue 
Article,  the  General  Assembly  shall 
have  power  to  permit  the  city  of 
Chicago  after  the  consolidation  with 
said  city  of  all  of  the  municipal  cor¬ 
porations  lying  wholly  or  partly 
within  said  city,  to  become  indebted 
to  an  amount  to  be  fixed  by  it  in 
the  aggregate  exceeding  the  limit 
prescribed  by  this  Constitution,  but 
such  action  of  the  General  Assembly 
shall  not  become  effective  until  ap¬ 
proved  by  an  ordinance  of  the  legis¬ 
lative  authority  of  the  city  agreed 
to  by  two-thirds  vote  of  its  full  mem¬ 
bership  and  by  a  favorable  vote  of 
three-fifths  of  the  voters  of  the  city 
voting  upon  the  question. 

Such  an  ordinance  shall  not  be 
adopted  oftener  than  once  in  ten 
years  and  the  maximum  limit  of  in¬ 
debtedness,  when  so  extended,  shall 
never  exceed  ten  per  cent  of  the  full 
value  of  the  taxable  property  within 
the  corporate  limits  of  the  city  of 
Chicago  as  ascertained  by  the  last 
assessment  for  State  and  county 
taxes. 

Such  an  ordinance  if  rejected  shall 
not  be  resubmitted  within  two  years 
from  the  date  of  such  original  sub¬ 
mission. 

The  limit  of  special  indebtedness 
made  possible  under  Sections  9,  10 
and  11  of  the  Revenue  Article  shall 
in  no  case  be  increased  under  the 
provisions  of  this  section. 


Section  15.  No  municipal  corpor¬ 
ation  hereafter  created  covering  any 
part  of  the  territory  iof  the  city  shall 
become  indebted  otherwise  than  to 
the  extent  of  its  current  annual 
revenues. 


Section  14.  The  General  Assembly 
may  authorize  the  city  (after  con¬ 
solidation  with  the  city  of  all  the 
municipal  corporations,  other  than 
the  County  of  Cook,  lying  wholly 
or  partly  therein)  to  become  in¬ 
debted,  in  the  aggregate,  up  to  ten 
per  cent  of  the  full  value  of  all  tax¬ 
able  property  within  the  city.  Any 
increase  of  this  debt  limit  under  this 
authority  shall  require  an  ordinance 
passed  by  two-thirds  of  those  elected 
to  the  legislative  authority  of  the 
city  and  approved  by  three-fifths  of 
the  voters  of  the  city  voting  on  the 
question. 

Such  an  ordinance  shall  not  be 
passed  oftener  than  once  in  ten 
years,  and  if  rejected  shall  not  be  re¬ 
submitted  within  two  years  from  the 
date  of  its  original  submission. 

Any  indebtedness  for  the  acquisi¬ 
tion,  construction  or  operatioh  of  the 
public  utilities  authorized  in  Section 
12  of  the  Revenue  Article  shall  be 
incurred  only  as  provided  in  that 
article.  The  amount  of  taxable  prop¬ 
erty  in  any  area  referred  to  in  this 
and  the  preceding  section  shall  be 
ascertained  by  the  last  assessment 
for  State  and  county  taxes. 


Respectfully  submitted, 

Elam  L.  Clarke,  Chairman, 
Tiios.  Rinaker, 

Charles  B.  T.  Moore,  . 

E.  H.  Dupee, 

H.  E.  Torrance, 

George  A.  Barr, 

Edward  H.  Brewster. 


308 


JOURNAL  OF  THE 


[Sept.  6, 


IN  RE  PROPOSAL  NO.  385. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  385,  being  a  Proposal 
Entitled  Chicago  and  Cook  County. 

ARTICLE  I. 

This  article  has  presented  to  your  committee  a  problem  different 
from  and  in  some  respects  more  difficult  than  any  heretofore  faced, 
first,  because  of  the  newness  of  the  subject  of  Municpal  Home  Hu  e, 
and  second,  because  of  the  complexity  of  the  overlapping  governments 
agencies  in  the  city  of  Chicago.  For  these  reasons  your  committee  de¬ 
sires  to  reserve  certain  questions  .raised  by  this  proposal  lor  further  con¬ 
sideration  upon  the  next  reference  to  this  committee. 

The  recent  origin  of  the  subject  of  municipal  home  rule  m  consti¬ 
tutional  law  becomes  apparent  when  the  various  state  constitutions  are 
examined.  Beginning  with  Missouri  in  1875,  thirteen  states  (or  a  li  e 
more  than  one-fourth  of  all  the  states  in  the  Union)  have  granted  home 
rule  to  cities  through  constitutional  provisions  These  states  are. 
California  (1879),  Washington  (1889),  Minnesota  (1896),  Coloiad 
(1902)  Oregon  (1906),  Oklahoma  (1907),  Michigan  (1908),  Arizona 
(1912),  Nebraska  (1912),  Ohio  (1912),  Texas  (1912)  and  Maryland 
(1915).  In  Wisconsin  and  New  York  efforts  to  secure  home  rule  toi 
cities  through  constitutional  amendments  have  been  made,  but  without 
success.  The  New  York  Constitution  proposed  m  1915  also  contained 
a  provision  for  home  rule,  but  that  constitution,  as  is  well  known,  was 
rejected  by  the  people.  The  geographical  location  of  these  so-called 
“home  rule”  states  is  worth  noting;  for,  with  the  exception  of  Mary¬ 
land,  all  of  them  are  either  in  the  central  or  western  part  of  the  U  nited 

St3,t6^ 

The  texts  of  these  constitutional  provisions  have  a  scant  degree 
of  uniformity,  and  afford  little  help  in  the  problem  here  presented. 
It  should  be  said,  however,  that  the  differences  found  in  these  constitu¬ 
tional  provisions  are  due  more  to  the  variety  of  the  questions  presen  e , 

than  to  any  other  factor.  .  ,  , 

Attention  has  been  called  to  the  fact  that  the  intricate  governmental 

machinery  found  in  the  territory  covered  by  the  city  of  Chicago  in¬ 
creases  the  difficulty  presented  by  this  article.  Twenty-four  separate 
and  overlapping  authorities  levy  taxes  and  exercise  other  functions  of 
government  within  the  limits  of  that  city.  (See  for  elaborate  discussion 
of  this  subject,  Report  of  Chicago  Bureau  of  Efficiency  The  Unifica¬ 
tion  of  Local  Governments  in  Chicago,”  January,  1917.)  One  of  the 
main  objects  of  this  article  is  to  authorize  the  city  of  Chicago  to  provide 
for  a  systematic  consolidation  of  these  overlapping  bodies,  subject  to 
popular  approval.  A  most  difficult  problem  of  legislative  drafting  is 
here  presented;  for  to  obtain  this  object— and  at  the  same  time  sa 
guard  the  method  of  procedure  and  protect  the  rights  of  the  inhabita 
of  the  overlapping  municipalities— requires  a  careful  study  of  the  facts 
involved  and  a  close  consideration  of  the  language  used,  lour  c-o 


1921.] 


CONSTITUTIONAL  CONVENTION. 


309 


mittee  fully  appreciates  the  task  which  the  Committee  on  Chicago  aud 
Cook  County  had  before  it,  and  is  aware  of  the  great  labor  bestowed  on 
this  article  by  that  committee.  Accordingly  the  reference  draft  has  been 
altered  only  where  a  change  seemed  necessary  to  shorten  or  clarify  the 
language,  or  make  the  phraseology  uniform  with  the  other  redrafts  by 
this  committee. 

A\e  have  spoken  of  how  other  states  have  treated  the  subject  of  con¬ 
stitutional  home  rule.  In  Illinois  the  present  Constitution  does  not 
concern  itself  with  the  subject  except  in  certain  particulars.  Article  IX. 
Section  10,  forbids  the  General  Assembly  to  impose  taxes  upon  muni¬ 
cipalities  without  their  consent ;  Article  IX,  Section  9,  contains  certain 
implied  limitations  on  the  General  Assembly,  growing  out  of  what 
appears  in  form  as  a  grant  of  power  to  the  General  Assembly;  Article 
XI,  Section  4,  forbids  the  General  Assembly  to  grant  street  railways 
the  right  to  lay  tracks  on  city  streets  without  the  city’s  consent;  Article 
IA  ,  Section  22,  prohibits  the  General  Assembly  from  passing  local  or 
special  laws  in  a  large  number  of  cases,  and  some  of  these  prohibitions 
were  adopted  for  the  purpose  of  relieving  municipalities  from  the  abuses 
of  such  action  by  the  General  Assembly  (Debates  1870,  up.  590-608)  ; 
Article  IA  ,  Section  34  (as  amended  in  1904),  permits  ihe  General  As¬ 
sembly  (subject ^to  referendum)  to  pass  certain  special  laws  for  the  city 
of  Chicago.  (Xote:  This  amendment  has  been  practically  inoperative 
due  to  its  complexity  of  form ;  the  General  Assembly  has  in  few  instances 
attempted  to  legislate  under  it.)  Subject  to  these  exceptions,  the  doc¬ 
trine  of  complete  legislative  supremacy  over  municipal  affairs  has  always 
prevailed  and  still  prevails  in  the  constitutional  law  of  Illinois. 


Section  1.  The  purpose  of  this  section  is  to  make  an  immediate 
grant  of  home  rule  powers  to  the  city  of  Chicago.  That  city  now  exer¬ 
cises.  only  the  powers  delegated  to  it  “by  law,  and  the  maxim  Expressio 
unius  cst  exclusio  dlterius ,  forbids  the  city  from  exercising  any  powers 

not  enumerated.  The  Convention,  under  this  section,  intends  to  do 
three  things: 

1.  To  grant  “full  powers*’  of  home  rule  to  the  city. 

2.  To  abolish  the  above  maxim  insofar  as  it  applies  to  the  city. 

3.  To  make  the  grant  of  powers  to  the  city  subject  to  regulation, 
and  even  denial  by  the  General  Assemblv. 


In  considering  the  language  of  the  reference  draft  one  question 
immediately  arises,  namely :  A  hat  officer  or  officers  of  the  city'  shall 
exercise  the  powers  granted  ?  It.  is  clearly  the  intention  of  the  Con¬ 
vention  that  the  section  should  be  self  executing  and  should  not  require 
action  by  the  General  Assembly.  But  there  is  doubt  whether  ffie 
reference  draft  would  produce  the  result  intended.  In  fact,  similar 
language  in  the  Constitution  of  Ohio  was  denied  a  self  executing  effect 
by  the  Supreme  Court  of  that  state.  ( State  ex  rel  v.  Lynch ,  88  Ohio 
State  71,  1913.)  The  court  held  that  a  grant  of  power  in  such  language 
is  not  self  executing,  because  the  particular  municipal  authority  which 
is  to  exercise  the  powers  granted  is  not  named.  The  court  specifically 
declared  that  the  city  council  of  the  city  of  Toledo  was  not  “the  city,’’ 


310 


JOURNAL  OF  THE 


[Sept.  6, 


and  therefore  could  not  exercise  powers  granted  to  “the  city/’  To  avoid 
the  possibility  of  a  similar  construction  in  this  State  your  .committee  has 

suggested  that  the  following  sentence  be  added: 

“Until  otherwise  provided  by  charter,  these  powers  shall  be 

exercised  by  or  in  accordance  with  city  ordinances. 

The  other  changes  made  by  your  committee  will  be  taken  up  in 

their  order  and  discussed. 

The  phrase  “except  as  expressly  limited  by  law  has  oeen  changed 
to  read  “except  as  expressly  prohibited  by  law.”  This  provision  includes 
(1)  such  express  prohibitions  on  the  power  of  the  city  as  aireaoy  exist, 
and  (2)  such  express  prohibitions  as  may  be  made  by  the  General  -i  s- 
sembly  in  the  future.  The  word  “limited”  as  used  in  the  reference 
draft  seems  to  vour  committee  unfortunate  because  it  is  a  word  ot  loose 
meaning.  X o  person  can  say  exactly  what  “expressly  limited  by  law 
means. "  For  this  reason  the  word  “prohibited”  has  been  substituted, 
<dnce  that  word  conveys  the  particular  meaning  here  intended,  i  e 
word  “expressly”  has  itself  given  your  committee  some  concern,  since 
that  word  also  has  a  variety  of  meanings.  Primarily  the  word  means 
anything  that  is  “pressed  out,”  or  that  logically  flows  from  the  language 
used.  As  retained  by  your  committee,  the  word  "expressly  is  intended 

as  an  antonym  of  the  word  “impliedly. 

The  word  “granted”'  has  been  omitted  as  redundant. 

The  phrase  “for  all  municipal  purposes”  is  intended  to  modify,  (a) 
“local  self  government,”  and  (b)  “corporate  action.”  Accordingly  the 
second  sentence  of  the  section  has  been  rearranged  to  secure  this  result. 

The  provision,  “The  city  may  assess  and  collect  _  taxes  •  _ 

only  as  authorized  by  law,”  does  not  express  the  intention  of  the  Con¬ 
vention,  since  the  city  neither  “assesses”  nor  '  collects  taxes  at  the  pres¬ 
ent  time.  The  provision  is  intended  to  preserve  the  power  of  the  Gen¬ 
eral  Assembly  over  taxation,  and  has  therefore  been  changed  to  read, 
“The  city  may  impose  taxes  *  *  *  only  as  authorized  by  law. 

Obviously  if  the  city  is  forbidden  to  impose  taxes  except  as  authorized 

bv  law,  it  cannot  assess  or  collect  them. 

The  words  “for  corporate  purposes,”  in  the  same  sentence,  have 

been  omitted  as  unnecessary,  since  the  city  cannot  borrow  money  except 

j„r  y-P^aUlndPteeei calls  attention  to  the  fact  that  many  of  the  terms 
used  in  this  section,  and  in  fact  in  the  entire  article,  are  comparatively 
new  Thus,  the  terms  “corporate  action  and  municipal  pui  poses 
have  not  previously  been  used  in  constitutional  provisions  granting 
“home  rule”  to  cities,  but  have  been  used  in  other  connections.  See 
Words  and  Phrases,  Vol.  5,  p.  4629 ;  Pope  s  Legal  Definitions  I  ol. 
p  993)  The  term  “local  self  government”  has  been  used  m  the  home 
rule  provisions  of  the  constitutions  of  Ohio  and  Colorado.  (Constitu¬ 
tion  of  Ohio,  Article  XVIII,  Sections  3  and  I;  Constitution  of  Colorado 
Article  XX  Section  6.)  Your  committee  believes,  however,  that  the 
newness  of  these  words  and  phrases  is  not  a  sufficient  reason  for  dropping 
them,  since  other  terms  equally  new  would  have  to  be  substituted. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


311 


Section  2.  This  section  authorizes  the  city  to  frame  a  charter  by 
means  of  the  so-called  “Charter  Convention”  plan.  Three  elections  are 
required  for  this  purpose : 

1.  A  referendum  on  the  question  of  calling  the  Convention. 

2.  An  election  for  delegates  to  the  Convention  itself. 

3.  A  referendum  on  the  charter  framed  by  the  Convention. 

It  will  be  noted  that  the  second  election  is  provided  for  by  the  first 
sentence  of  the  reference  draft,  while  the  second  sentence  provides  for 
the  first  election.  The  section  has  been  revised  so  that  all  three  elections 
are  expressed  in  chronological  order. 

The  reference  draft  is  defective,  because  it  is  not  self  executing, 
and  legislation  would  probably  be  required  to  carry  out  its  provisions. 
A  number  of  questions  are  left  open.  Thus  it  might  be  asked :  How, 
when  and  by  whom  is  the  submission  required  by  the  second  sentence 
to  be  made?  Is  there  to  be  a  single  charter  convention,  or  may  there 
be  further  conventions  in  the  future?  Will  the  charter  framed  by  the 
convention  exclusively  provide  for  its  own  amendment?  Or  may  an¬ 
other  convention  also  be  called  to  suggest  amendments  only? 

In  view  of  the  Convention’s  apparent  purpose  to  make  the  section 
self  executing,  and  in  view  of  the  lack  of  precedents  to  guide  either  the 
courts  or  other  officials  who  may  be  called  upon  to  construe  its  pro¬ 
visions,  your  committee  has  sought  for  language  which  will  make  as 
clear  as  possible;  (1)  by  whom  the  powers  are  to  be  exercised,  (2)  how 
they  are  to  be  exercised,  and  (3)  when  they  may  be  exercised. 

Here  again  the  changes  made  in  the  section  will  be  taken  up  and 
discussed  in  their  order. 

The  clause,  “and  the  power  hereby  granted  shall  be  a  continuing' 
power,”  has  been  expressed  by  the  phrase  “from  time  to  time.” 

The  word  “elective”  before  the  word  “convention”  becomes  un¬ 
necessary,  when  the  election  .for  the  convention  is  prescribed.  Your 
committee  believes  there  should  be  a  direct  and  positive  requirement  for 
this  election. 

The  phrase,  “or  to  amend  any  existing  charter,”  has  been  omitted. 
Your  committee  assumes  that  the  power  to  call  a  convention  to 
“frame”  a  charter  necessarily  implies  the  power  to  call  a  convention  to 

“amend”  it. 

In  the  third  sentence  of  the  reference  draft  the  words  “framed 
by  the  convention”  have  been  omitted  as  unnecessary. 

In  the  same  sentence  the  words  “proposed  as  provided  therein”  are 
loose  and  ambiguous.  Moreover,  as  already  suggested,  they  do  not 
indicate  whether  or  not  amendments  may  be  made  in  some  other  manner. 
Accordingly  this  idea  has  been  rendered  by  the  parenthetical  clause 
“(which  shall  be  made  only  as  provided  therein)”.  This  manner  of 
amendment  is  obviously  exclusive. 

The  words,  in  this  sentence,  “and  adopted  by,”  have  been  omitted 
by  your  committee,  since  they  add  nothing  to  the  meaning  of  the  section. 
In  form  at  least,  they  require  the  voters  to  “adopt”  the  amendment — 
a  meaning  which  is  not  intended. 


312 


JOUKXAL  OF  THE 


[Sept.  (5, 


llie  last  two  sentences  of  the  first  paragraph  of  the  reference  draft 
have  been  condensed  into  a  single  sentence.  However,  the  phraseology 
has  not  been  changed,  and  it  will  be  apparent  that  the  meaning  is  the 
same. 

The  second  paragraph  of  the  section  is  intended  to  make  the  charter 
and  its  amendments  and  ordinances  passed  under  the  charter,  superior 
to  the  laws  of  the  State,  but  only  in  so  far  as  matters  of  local  municipal 
government  are  concerned.  Your  committee  has  tried  in  certain  respects 
to  clarify  the  phraseology  used. 

The  clause,  “or  of  amendments  of,  or  additions  to  the  charter” 
has  been  condensed  into  the  words  “and  its  amendments.”  The  sense 
here  is  conjunctive  and  not  disjunctive.  Moreover,  “the  charter  and  its 
amendments”  necessarily  includes  all  “additions”  to  the  charter. 

The  phrase  “or  ordinances  passed  in  pursuance  thereof”  has  been 
changed  to,  “of  all  ordinances  passed  thereunder.” 

The  verb  “relate”  is  a  word  of  vague  meaning;  it  may  mean,  “to 
refer  to,”  “to  touch  upon”  or  even  “to  pertain  to”  (Century  Dictionary). 
Tour  committee  is  of  the  opinion  that  the  word  “regulate”  better  ex¬ 
presses  the  idea  here  intended. 

The  meaning  of  the  verb  “conform”  as  it  is  used  in  the  reference 
draft  is  uncertain.  In  what  respect  shall  the  charter  or  ordinances  “con- 
form”  to  the  law  of  the  State  J.  Shall  they  “conform”  as  to  substance; 
or  as  to  style  and  phraseology ;  or  as  to  manner  of  passage ;  or  as  to  all 
of  these  combined  ?  These  questions  cannot  be  answered  from  an  exami¬ 
nation  of  the  language  used.  The  intent  of  this  sentence  is  to  require 
that  the  charter  and  ordinances  shall  be  in  harmony  with  the  laws  of  the 
State  in  matters  of  substance — -subject  to  the  exceptions  created  by  the 
previous  sentence.  Accordingly  your  committee  has  rephrased  the 
sentence  to  secure  this  result. 

The  order  of  the  last  two  paragraphs  of  the  reference  draft  is 
obviously  reversed,  and  they  have  therefore  been  rearranged. 

The  paragraph  concerning  “civil  service”  was  inserted  to  protect 
the  interests  of  the  present  civil  service  employees  of  the  city.  Your 
committee  believes  that  this  provision  is  open  to  the  following  objec¬ 
tions  : 

1.  The  words  “civil  service  of  the  city”  might  be  construed  to  in¬ 
clude  all  officers  and  employees  of  the  city.  Such  a  construction  is  wider 
than  the  meaning  given  to  the  words  “the  civil  service”  in  the  Civil 
Service  Acts.  Indeed  those  Acts  expressly  exempt  from  their  provisions, 
certain  of  the  employees  of  the  city. 

2.  The  provisions  for  “a  general  plan”  would  probably  deny  the 
power  to  give  special  privileges  or  preferences  to  certain  classes,  which 
are  now  generally  recognized  as  being  entitled  to  preference;  for  ex¬ 
ample,  war  veterans. 

3.  The  words  “merit  and  fitness”  are  vague  and  set  up  no  definite 
standard.  (People  ex  rel.  v.  Knauber,  57  Y.  Y.  Supp.  782,  1899.) 
Moreover  their  application  to  “rates  of  compensation”  introduces  a  new 
element  into  the  subject  of  civil  service  law.  An  examination  of  the 


1921.] 


CONSTITUTIONAL  CONVENTION. 


313 


existing  Civil  Service  Act  discloses  no  such  standard  regarding  rates 
of  pay. 

As  redrafted  by  your  committee,  the  paragraph  is  intended  to  ex- 
•  press  the  real  purpose  of  the  Convention  regarding  the  rights  of  the  civil 
service  employees  of  the  city. 

The  wording  of  the  reference  draft  regarding  filing  of  a  “certified*' 
copy  of  the  charter  within  “thirty  days”  seems  to  your  committee  to  be 
unfortunate  for  a  number  of  reasons : 

1.  The  provision  regarding  a  thirty  days  limitation  might  be  given 
a  literal  interpretation  by  the  courts.  In  the  event  of  a  contested  elec¬ 
tion  it  might  then  be  too  late  to  file  the  charter  after  the  final  decision 
on  the  contest.  If  the  election  contest  were  successful,  filing  within  the 
thirty  days  would  be  futile. 

2.  Or  suppose  that  some  error  or  oversight  intervened  and  the 
charter  was  in  fact  not  filed  until  after  thirty  days.  Would  all  of  the 
labor  and  expense  for  the  charter  then  be  thrown  away  because  of  the 
blunder  of  some  official  or  his  clerk? 

3.  If  a  “certified”  copy  is  certified  in  error  and  is  not  a  true  copy 
— what  then  would  be  the  result?  Could  a  true  copy  be  filed  later  on, 
after  the  thirty  days? 

4.  There  is  no  specification  as  to  who  shall  certify  the  copy.  Shall 
it  be  certified  by  the  Board  of  Election  Commissioners,  the  City  Clerk, 
Secretary  of  the  City  Council,  or  by  some  other  officer? 

In  view  of  these  questions  and  others  which  might  be  raised,  the 
provisions  as  to  “thirty  days”  and  the  provisions  as  to  a  “certified”  copy 
have  both  been  omitted.  This  change  has  been  made  after  conference 
with  the  Chairman  of  the  Committee  on  Chicago  and  Cook  County. 

From  the  point  of  view  of  logical  arrangement,  Section  2  is  out 
of  place  and  will  probabA  be  relocated  in  the  article  on  the  next  refer¬ 
ence  to  your  committee. 

Section  3.  Your  committee  at  first  was  inclined  to  suggest  strik¬ 
ing  out  this  section  for  the  following  reasons : 

1.  The  city,  like  all  other  cities,  now  has  the  power  to  condemn 
private  property  for  public  use  by  virtue  of  Section  13  of  the  Bill  of 
Bights,  and  the  eminent  domain  statutes. 

2.  The  property  of  public  utilities  (like  the  property  of  other  cor¬ 
porations)  and  their  licenses  and  franchises  have  been  held  to  be  private 
property  and  are  already  subject  to  condemnation  under  eminent 
domain.  (Mitchell  v.  I.  St  L.  Ry.  &'C.  Co.,  68  Ill.,  p.  286,  1873.) 

3.  The  second  sentence  of  the  section  is  neither  a  grant  of  power 
to  the  city  nor  to  the  General  Assembly.  (Note:  The  idea  intended 
to  be  conveyed  by  this  sentence,  but  which  is  not  conveyed,  has  been 
fully  expressed,  as  your  committee  believes,  in  its  revision  of  the 
section.) 

The  main  reason  for  the  section  is  to  emphasize  the  thought  (in- 
ferentially  contained  in  the  reference  draft)  that  the  power  of  the  city 
in  regard  to  eminent  domain  is  superior  to  the  power  of  any  public 
utility.  As  redrafted,  the  section  is  also  intended  as  an  express  recog- 


314  journal  of  the  [Sept.  6, 

nition  of  the  general  power  of  the  city  in  eminent  domain  over  all  kinds 
of  private  property. 

Section  4.  The  form  of  this  section  has  been  changed  from  the 
active  to  the  passive  voice.  This  arrangement  expresses  more  directly 
the  meaning  intended  and  avoids  the  use  of  the  adjective  “same”  as  a 
pronoun. 

Section  5.  The  Supreme  Court  has  held  that  local  improvements 
could  not  be  jointly  constructed  by  two  municipalities.  ( Locffler  v. 
Chicago ,  246  Ill.  43,  1910.)  The  purpose  of  this  section  is  to  overrule 
that  case  so  far  as  it  concerns  the  city  of  Chicago. 

The  redundant  expression  “the  city  may  join  *  *  *  for  the 
joint  construction”  has  been  revised  and  shortened. 

In  the  debates  in  Committee  of  the  Whole,  this  section  was  amended. 
By  the  amendment  the  words  “or  operation,”'  which  appeared  in  the 
report  of  the  Committee  on  Chicago  and  Cook  County,  were  stricken 
out.  Your  committee  is  advised  that  the  phrase  “other  local  services” 
was  intended  by  the  Committee  on  Chicago  and  Cook  Countjq  to  cover 
such  services  as  garbage  removal,  street  cleaning  and  other  public  work; 
that  is,  such  “local  services”  as  may  be  “operated”  without  buildings  or 
extensive  equipment  owned  by  the  city.  Your  committee  understands 
further  that  the  purpose  of  the  amendment  in  Committee  of  the  Whole 
was  to  prohibit  “operation”  of  “local  improvements”  and  “public  utili¬ 
ties”;  the  amendment  was  not  intended  to  prohibit  the  “operation”  of 
other  “local  services”  of  the  character  indicated.  Accordingly,  the  words 
“or  operation”  have  been  inserted  before  the  words  “local  services”,  in 
order  that  this  provision  of  the  section  may  be  given  its  full  meaning. 
If  your  committee  has  misinterpreted  the  intention  of  the  Convention, 
then  the  entire  clause  should  be  revised. 

The  words  “other  local  services”  are  themselves  uncertain  in  mean¬ 
ing.  In  spite  of  the  suggestion  given  above  as  to  their  meaning  (gar¬ 
bage  removal,  etc.),  your  committee  cannot  be  sure  how  these  words  will 
be  construed  in  the  future. 

Section  6.  It  seems  desirable  to  avoid  the  redundant  expression 
“the  General  ikssembly  may  enact  laws,”  since  any  enactment  of  the 
General  Assembly  is  necessarily  a  law. 

Attention  has  been  called  in  the  discussion  of  a  prior  section  to  the 
vague  meaning  of  the  word  “relate.”  The  word  “relating”  in  the  first 
clause  of  the  first  sentence  therefore  has  been  changed  to  the  word 

“affecting.”  , 

The  words  “governmental  affairs”  have  been  changed  to  “municipal 
affairs,”  since  the  latter  phrase  has  had  the  construction  of  the  courts 
and  is  less  liable  to  misinterpretation.  (See  Words  and  Phrases,  Yol. 
5,  p.  4619.) 

Section  7.  This  section  has  not  been  changed  except  to  rearrange 
it  with  a  view  to  condensation.  The  substance  of  the  section  raises 
certain  questions,  to  which  attention  should  be  called. 

In  the  first  place,  it  will  be  noted  that  the  section  prescribes  “con¬ 
sent”  of  the  city  for  any  enlargement  (even  the  slightest)  either  of  the 


1921.] 


CONSTITUTIONAL  CONVENTION. 


315 


bodies  themselves  (which  exercise  taxing  powers  within  the  city)  or  of 
the  taxing  powers  of  such  bodies,  as  “hereafter  created  or  enlarged.” 

Your  committee  also  has  had  difficulty  with  the  phrase  “increase 
of  the  taxing  powers.”  Does  it  mean  only  b}r  a  direct  increase  in  the 
tax  rate  ?  Or  does  the  meaning  contemplate  also  a  change  in  the  ratio 
existing  between  full  value  and  assessed  value,  whereby  the  same  result 
would  be  reached? 

Another  question  grows  out  of  the  fact  that  under  present  statutes 
the  tax  rate  of  some  of  these  municipalities  is  fixed  by  reference  to  the 
tax  rate  of  other  municipalities.  (See  the  so-called  “Juul  Law;”  Hurd’s 
Eevised  Statutes  1919,  Chap.  24,  p.  343.)  Would  an  amendment  (to 
such  an  act)  which  did  not  directly  affect  the  tax  rate  of  the  bodies  here 
involved,  fall  within  the  scope  of  this  section  ? 

Your  committee  is  unable  to  answer  these  questions,  since  it  cannot 
discover  from  the  language,  nor  from  the  Debates,  what  was  the  inten¬ 
tion  of  the  Convention.  Accordingly  a  reconsideration  of  this  section 
is  suggested. 

Section  8.  In  the  first  sentence  of  this  section  the  word  “require” 
has  been  changed  to  “prescribe,”  since  it  is  hardly  accurate  to  speak 
of  the  Constitution  “requiring”  consent  of  the  city. 

The  word  “and”  in  the  first  sentence  has  been  changed  to  “but,” 
since  the  two  main  clauses  of  the  sentence  are  antithetical  and  not  con¬ 
junctive. 

The  provision  of  the  reference  draft  regarding  consent  of  the  city 
is  vague.  Ho  one  can  say  whether  the  language  requires  a  “majority 
of  all  those  voting  at  the  election”  at  which  the  question  is  submitted, 
or  requires  merely  a  “majority  of  those  voting  on  the  question”  at  such 
an  election.  To  make  the  provision  definite,  and  to  make  it  uniform 
with  similar  provisions  elsewhere  in  the  Constitution,  the  provision  has 
been  redrafted  as  indicated. 

The  provision  in  the  second  sentence  of  the  reference  draft  that  the 
legislative  authority  of  the  city- or  five  thousand  voters  may  “demand 
submission  of  the  ordinances  to  popular  vote,  is  uncertain.  How  will 
the  demand  be  made— that  is,  in  writing,  or  by  public  appearance  before 
the  City  Council,  or  otherwise?  Hpon  whom  shall  the  demand  be  made, 
the  City  Council,  the  Election  Commissioners,  or  upon  some  other  au¬ 
thority?  Who,  if  anyone,  shall  be  compelled  to  act  when  the  demand 
is  made?  Could  a  recalcitrant  majority  of  the  City  Council  refuse  to 
submit  the  question  and  thereby  defeat  the  purpose  of  this  provision  ? 
It  would  probably  be  necessary  to  call  upon  the  General  Assembly  to 
answer  some  or  all  of  these  questions. 

Your  committee  has  sought  to  obviate  these  difficulties  and  to  make 
the  provision  self  executing  by  requiring;  (1)  that  the  demand  shall  be 
made  upon  the  City  Council,  (2)  that  the  demand  shall  be  by  “petition,” 
which  is  defined  as  a  “formal  written  request,”  and  (3)  bv  compelling 
the  City  Council,  when  such  a  petition  is  made,  to  submit  the  question 
to  popular  vote  before  the  ordinance  can  take  effect. 

Section  9.  This  section  logically  should  follow  Section  2,  since 
Section  9  can  have  no  application  until  the  charter  has  first  been  framed. 


316  JOURNAL  OF  the  [Sept.  6. 

The  language  of  the  reference  draft  has  been  condensed  about  one-half, 
but  with  no  intention  to  change  its  meaning. 

The  words  “now  or  hereafter”  are  unnecessary,  since  the  Constitu¬ 
tion  is  always  construed  as  presently  speaking. 

The  county  collector  of  Cook  County  now  acts  as  township  collector 
of  taxes  for  the  townships  within  the  city  of  Chicago.  He  is  required, 
in  his  capacity  as  township  collector,  to  account  to  himself  in  his 
capacity  as  county  collector.  Your  committee  is  advised  that  a  very- 
large  expense  (approximately  $50,000)  is  incurred  annually  by  the 
county  collector  in  performing  this  duty.  The  last  sentence  of  the 
reference  draft  is  intended  to  avoid  this  expenditure,  but  does  not  clearly 
do  so.  In  order  to  insure  this  result,  the  sentence  has  been  revised  to 
read  as  indicated. 

Section  10.  This  section  has  been  substantially  condensed,  but 
the  various  changes  made  need  not  be  considered  in  detail. 

The  third  sentence  of  the  reference  draft  has  been  omitted  since 
its  meaning  is  really  covered  b}T  the  last  sentence  of  the  paragraph. 

It  has  seemed  "best  to  rearrange  certain  of  the  ideas  of  this  section 
which  are  applicable  also  to  Section  9,  and  to  place  them  in  a  separate 
section,  which  is  designated  as  Section  10%  in  your  committee’s  report. 
It  will  be  noted  that  by  this  arrangement  the  relationship  between  Sec¬ 
tions  9  and  10  is  made  much  clearer.  It  will  also  be  noted  that  the  pro¬ 
vision  requiring  consolidation  to  be  submitted  as  a  “separate  proposi¬ 
tion”  is  thereby  made  applicable  to  both  sections  and  need  not  be  re¬ 
peated.  Moreover,  the  vagueness  of  the  term  “continuing  power”  is 
avoided,  since  the  last  clause  of  the  sentence,  where  that  term  is  used, 
becomes  unnecessary.  This  rearrangement  of  Section  10  and  the  addi¬ 
tion  of  the  extra,  section  has  had  the  approval  of  the  chairman  of  the 
Committee  on  Chicago  and  Cook  County. 

Section  11.  The  detailed  changes  made  in  this  section  need  not 
be  discussed,  since  the  section  in  its  revised  form  seems  to  cover  exactly 
the  same  ground  as  the  reference  draft.  The  sentences  of  the  section 
have  been  rearranged  in  what  is  believed  to  be  a  more  logical  form. 

The  phrase  “present  or  future  limits  of  the  city”  has  been  changed 
to  “its  limits,”  on  the  theory  previously  explained  that  the  Constitution 
is  always  construed  as  presently  speaking.  It  is  assumed  that  the  phiase 
“limits  of  the  city”  refers  to  the  limits  at  whatever  time  the  provision 
in  question  is  to  be  applied. 

The  phrase  “except  to  require”  has  been  changed  to  “but  may  re¬ 
quire.”  to  express  more  clearly  the  meaning  intended. 

The  word  “own”  has  been  omitted,  because  it  adds  nothing  to  the 

meaning  of  the  sentence. 

A  typographical  errors  occurs  in  the  second  sentence  of  the  l  etei  - 
ence  draft.  The  phrase,  “inhabitants  of  the  municipalities,”  should 

read  “inhabitants  or  municipalities.” 

Section  12.  Few  changes  have  been  made  in  this  section. 

The  words  “after  consolidation  in  whole  or  part”  have  been  short¬ 
ened  to  “after  anv  consolidation.” 

The  verb  “established”  has  been  changed  to  “fixed/  and  the  form 
of  the  verb  changed  to  the  present  tense. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


317 


The  phrase  annual  general  tax  on  property”  lias  been  shortened 
to  “annual  tax/'  since  the  meaning  is  the  same. 

The  word  “taxing”  before  the  word  “authorities”  has  been  omitted 
as  unnecessary. 

In  the  reference  draft  the  section  ends  with  a  series  of  adverbial 
and  prepositional  phrases,  beginning  with  the  word  “upon.”  The  sen¬ 
tence  structure  here  is  badly  strung  out.  The  sentence  has  been  short¬ 
ened  and  condensed,  and  the  order  of  the  phrases  rearranged. 

Section  13.  Tour  committee  has  seriously  considered  suggesting 
the  elimination  of  this  section,  since  “consolidation”  under  the  act  in 
question  is  no  longer  practicable,  because  of  the  low  tax  rate  (1.6  per 
cent  of  the  assessed  value)  fixed  by  the  act.  Another  reason  for  omitting 
the  section  is  that  under  Section  14  of  this  article  the  act  in  question 
may  at  any  time  be  amended  or  repealed.  However,  for  the  present  the 
section  has  merely  been  shortened  to  read  as  indicated. 

Probably  on  second  reference  to  this  committee  the  section  will  be 

placed  in  the  schedule. 

Section  14.  The  only  change  made  in  this  section  is  to  condense 

the  phrase  “subject  to  the  consent  of  the  city”  to  read  “subject  to  its 

consent.” 

Section  15.  If  this  section  is  analyzed  it  will  be  found  to  contain 
the  following  elements: 

1.  After  consolidating  any  of  the  enumerated  corporations,  the 
cit)  ma}  be  become  indebted  to  an  “aggregate”  amount,  for  general  cor¬ 
porate  purposes,  not  to  exceed  five  per  cent  of  the  full  value  of  all  prop¬ 
erty  within  its  limits. 

2.  In  computing  this  “aggregate”  amount,  the  “existing”  indeb¬ 
tedness  of  (1)  the  city  of  Chicago,  (2)  all  municipal  corporations  within 
the  city,  and  (3)  the  city’s  share  of  the  debt  of  (a)  Cook  County,  (b) 
the  Forest  Preserve  District,  and  (c)  the  Sanitary  District,  shall  be 

included. 

3.  The  city  s  share  of  (a),  (b)  and  (c)  above,  shall  be  ascertained 
by  the  ratio  which  the  taxable  value  of  the  property  in  these  corpora¬ 
tions,  within  the  limits  of  the  city,  bears  to  the  total  taxable  value  of 
the  property  in  such  corporations. 

4.  Such  taxable  value  shall  be  ascertained  by  the  last  assessment 

for  State  and  county  taxes, 

5.  Ao  new  bonded  indebtedness  shall  be  incurred  by  the  city  for 
other  than  “refunding”  purposes  without  a  referendum. 

The  substance  of  this  section  is  taken  from  Section  34  of  Article 
IV  of  the  present  Constitution.  That  section  has  often  been  criticised 
because  of  the  length  of’its  main  sentence.  It  should  be  noted  that  the 
first  sentence  of  the  reference  draft  is  very  long,  containing  ITS  words. 
In  revising  the  section  the  five  elements  outlined  above  have  been  sepa¬ 
rated,  and  each  has  been  expressed  in  a  separate  sentence.  This  has 
necessitated  a  rewriting  of  the  entire  section. 

Element  Vo.  “4”  above  is  repeated  in  Section  17  of  tbe  reference 
draft.  Accordingly  this  provision  has  been  omitted  from  this  section, 

and  in  the  redraft  of  Section  17  has  been  made  applicable  to  both  sec¬ 
tions. 


318 


JOURNAL  OF  THE 


[Sept.  6, 

The  words  “lying  wholly  or  partly  within  said  city”  have  been 
omitted,  because  the  previous  sections  enumerate  specifically  the  cor¬ 
porations  which  may  be  consolidated,  and  the  phrase  quoted  is  therefore 

redundant.  •  .  .  . 

The  provision  “in  the  event  of  said  city  becoming  liable  tor  the  m- 

debtedness  of  any  such  municipal  corporation”  has  been  dropped  oecause 

the  previous  sections  prescribe  that  the  city  shall  become  liable  for  such 

indebtedness  upon  consolidation.  .  ,. 

Section  16.  The  purpose  of  this  section  is  to  prevent  the  cieation 

within  the  city  of  Chicago  (after  adoption  of  this  article)  of  any  cor¬ 
poration  having  power  to  incur  a  bonded  indebtedness.  But  the  inclu¬ 
sion  of  the  words  “within  the  County  of  Cook”  are  subversive  of  this 
purpose.  Under  these  words  any  additional  taxing  body  with  debt  in¬ 
curring  powers,  might  be  created  in  the  city,  if  any  part  of  such  body 
extended  beyond  the  limits  of  Cook  County.  For  example,  if  even  a 
small  part  of  Lake  County  (or  Will  County  or  DuPage  County)  were 
included  in  such  “corporation,”  then  the  corporation  could  be  ex¬ 
tended  over  the  entire  area  of  the  city  and  could  be  given  addihona 
debt  incurring  power.  Accordingly  the  words  "'thin  tie 
Cook”  have  been  eliminated. 

The  phrase  “allowed  to  become  indebted  otherwise  than  t  -  eg5 
tent  of  its  current  annual  revenues”  is  vague  How  can  such  revenues 
be  estimated  in  advance  at  the  time  the  debt  is  sought  to  be  cieated  . 

A <ci in,  since  revenues  are  sometimes  derived  by  other  means  than  dn  < 
taxation  how  is  it  possible  to  predict  in  advance  what  the  current 
annual  revenues”  will  be?  Indeed,  how  can  it  be  ascertained  m  advance 
what  amount  will  be  raised  in  any  year,  even  by  direct  taxation. 
Finally,  under  this  language,  could  not  the  corporation  become  indebted 
each  vlar  up  to  the  extent  of  its  “current  revenues”  or  that  year,  and 
then  use  its  revenues  for  other  purposes  than  for  taking  care  of  that 

^  In  order  to  avoid  these  difficulties,  and  to  express  more  accurately; 
the  intention  of  the  Committee  of  the  Whole,  some  better  method  of 
measuring  the  debt  limit  permitted  by  the  section  should  be  adopted  bv 

1116  This  section  when  analyzed  will  be  found  to  contain 

^  T ’^sSr^made  subject  to  Sections  8  to  12  of  the  Revenue 

Artl<?e'  After  complete  consolidation,  the  city  may  become  indebted 
(for  general  corporate  purposes)  up  to  ten  per. cent  o  1 ne  fu 
all  the  taxable  property  in  the  city;  but  the  Geneial  A,..e  ,  ■  • 

provide  an  enabling  act.  and  that  act  must  lie  approved  by  (a  an  ordi 
nance  passed  by  two-thirds  of  all  the  members  elected  t ft  ^kteve 
authority  of  the  city,  and  (b)  a  three-fifths  vote  of  those  voting  on  tne 

q,,eStf  TMs  ten  perdcemnt  is  in  addition  to  the  five  per  cent  authorized 

^  Sf  limb  ^Vo^remS  he  passed  oftener  than  once  in  ten 
years. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


319 


5.  If  the  ordinance  is  rejected  at  the  referendum,  it  cannot  be 
again  submitted  within  two  years. 

6.  The  special  indebtedness  made  possible  in  the  Revenue  Article 
cannot  be  increased  under  this  section. 

7.  The  amount  of  taxable  property  is  to  be  ascertained  according 
to  the  last  assessment  for  State  and  county  taxes. 

The  section  has  been  redrafted  to  express  more  clearly  these  various 
elements. 

The  clause,  “subject  to  Sections  8,  9,  10,  11  and  12  of  the  Revenue 
Article,”  and  the  last  paragraph  of  the  section  have  been  combined  into 
the  sentence: 

“Any  indebtedness  for  the  acquisition,  construction  or  operation 

of  the  public  utilities  described  in  Section  12  of  the  Revenue  Article 

shall  be  incurred  only  as  provided  in  that  article.” 

Attention  should  be  called  to  the  fact  that  the  proposed  Revenue 
Article  permits  municipalities  (including  the  city  of  Chicago)  to  incur 
a  further  indebtedness  of  fifteen  per  cent  of  the  taxable  real  property  in 
addition  to  that  allowed  elsewhere  in  the  Constitution,  but  only  for  the 
purpose  of  financing  public  utilities.  The  result  is  that  the  aggregate 
bonded  indebtedness  which  may  be  incurred  by  the  city  of  Chicago  under 
the  proposed  Constitution  is  limited  to  fifteen  per  cent  of  the  full  value 
of  the  taxable  property  within  the  city7',  plus  fifteen  per  cent  of  the  tax¬ 
able  real  property. 

The  language  above  quoted  has  been  chosen,  (after  consultation  with 
the  mover  of  the  amendments  to  this  section  in  the  Committee  of  the 
Whole,  and  with  the  chairman  of  Committee  on  Chicago  and  Cook 
County)  for  the  purpose  of  making  this  result  definite  and  sure.  The 
provision  quoted  is  in  part  a  repetition  of  that  found  in  Section  12  of 
the  Revenue  Article,  but  your  committee  believes  that  this  sentence 
should  be  inserted  at  the  point  indicated. 

If  the  language  of  the  reference  draft,  regarding  element  No.  “2” 
above,  is  examined,  it  will  be  seen : 

1.  That  the  General  Assembly  may  pass  an  enabling  act  regarding 
an  increase  in  the  debt  of  the  city. 

2.  That  act  however,  must  be  “approved”  by  an  ordinance  of  the 
city  passed  by  a  two-thirds  majority. 

3.  The  act  also  must  be  “approved”  by  the  voters  of  the  city  at  a 

referendum,  in  which  three-fifths  of  those  voting  on  the  question  must 

vote  favorably. 

«/ 

In  this  connection  a  number  of  questions  are  raised : 

(a)  Does  the  act  of  the  General  Assembly  merely  “permit”  the 
citv  to  increase  its  debt;  or  must  the  act  itself  fix  the  terms  under  which 
the  debt  is  to  be  increased  ? 

(b)  Does  the  “ordinance”  approving  the  act,  do  nothing  more 
than  express  approval  of  the  action  of  the  General  Assembly;  or  must 
the  “ordinance”  fix  such  terms? 

(c)  Is  a  separate  ordinance  necessary  to  carry  out  the  authority 
granted  by  the  General  Assembly  to  the  city? 

(d)  Is  one  referendum  intended  for  the  act  of  the  General  As¬ 
sembly,  and  another  for  the  city  “ordinance?” 


320 


JOURNAL  OF  THE 


[Sept.  6, 


(e)  If  the  “ordinance’’  merely  approves  the  act  of  the  General 
Assembly,  must  a  subsequent  ordinance,  fixing  the  terms  under  which 
the  debt  may  be  increased,  be  subject  to  a  further  referendum? 

It  is  the  understanding  of  your  committee  that  the  Convention  in¬ 
tended  to  require  a  referendum  on  the  actual  proposal  to  increase  the 
debt  of  the  city.  It  will  be  seen  from  the  above  analysis  that  the  refer¬ 
ence  draft  does  not  in  terms  require  a  referendum  on  the  actual  proposal. 
Accordingly  the  substance  of  this  portion  of  the  section  has  been  revised. 
Under  the  revision  four  things  are  made  clear : 

1.  The  General  Assembly  in  its  discretion  is  free  to  grant  or  to 
refuse  power  to  the  city  to  increase  its  debt  limit. 

2.  If  the  city  decides  to  exercise  the  power  granted,  such  exercise 
must  be  carried  out  by  an  ordinance. 

3.  Any  such  ordinance  must  be  passed  by  two-thirds  of  all  those 
elected  to  the  legislative  authority  of  the  city. 

4.  An}’  such  ordinance  must  also  be  approved  at  a  referendum  by 
three-fifths  of  all  those  voting  on  the  question. 

If  this  revision  does  not  express  the  intention  of  the  Convention, 
then  the  portion  of  the  section  here  in  question  should  be  reconsidered 
in  Committee’ of  the  Whole. 

The  clause  “the  General  Assembly  shall  have  power  to  permit”  has 
been  changed  to  “the  General  Assembly  may  permit.” 

The  phrase  “within  said  city”  has  been  changed  to  the  word  “there¬ 
in.” 

The  words  “such  action  of  the  General  Assemblv”  have  been  short- 
ened  to  “such  law.” 

It  will  be  noted  that  your  committee,  in  its  redraft,  has  changed 
the  order  of  the  sections  after  Section  12  of  the  reference  draft.  The 
logic  of  putting  Section  14  of  the  reference  draft  last  is  obvious.  The 
section  regarding  the  Park  Consolidation  Act  (Section  13  of  the- refer¬ 
ence  draft)  should  logically  be  next  to  the  last  section.  Section  16  of 
the  reference  draft  should  logically  come  after  Sections  15  and  17  re- 
spectively  of  the  reference  draft.  This  rearrangement  makes  the  con¬ 
text  of  the  various  sections  clearer,  and  moreover  conforms  to  the  simple 
rules  of  rhetorical  composition. 

It  will  be  seen  from  this  memorandum  that  your  committee  has  con¬ 
sulted  the  chairman  of  the  Committee  on  Chicago  and  Cook  County  in 
regard  to  all  the  changes  made.  The  redraft  of  your  committee  here 
presented  has  been  submitted  to  and  approved  by  him. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


321 


Report  No.  9. 

your  committee  ox  phraseology  and  style,  to 

WHICH  WAS  REFERRED  A  PROPOSAL  ENTITLED  BILL 
OF  RIGHTS.  (INTRODUCTION  NO.  376,  REFERENCE  NO. 
15)  AS  AMENDED  IN  COMMITTEE  OF  THE  WHOLE,  RE- 
SPECTFULLlr  REPORTS  THAT  IT  HAS  CONSIDERED 
SUCH  PROPOSAL  AND  HEREWITH  SETS  FORTH  IN 
PARALLEL  COLUMNS  SAID  PROPOSAL  AS  ADOPTED  IN 
COMMITTEE  OF  THE  WHOLE  ON  THE  LEFT.  AND  A 
SUBSTITUTE  THEREFORE.  AS  RECOMMENDED  BY  THIS 
COMMITTEE  ON  THE  RIGHT. 


Resolved,  That  the  following 
lion  of  Illinois: 

Section  1.  All  men  are  by  nature 
free  and  independent,  and  have  cer¬ 
tain  inherent  and  inalienable  rights 
— among  these  are  life,  liberty  and 
the  pursuit  of  happiness.  To  secure 
these  rights  and  the  protection  of 
property,  governments  are  instituted 
among  men,  deriving  their  just 
powers  from  the  consent  of  the  gov¬ 
erned. 


Section  2.  No  person  shall  be  de¬ 
prived  of  life,  liberty  or  property 
without  due  process  of  lave. 

Section  3.  The  free  exercise  and 
enjoyment  of  religious  profession 
and  worship,  without  discrimination, 
shall  forever  be  guaranteed;  and  no 
person  shall  be  denied  any  civil  or 
‘political  right,  privilege  or  capacity, 
on  account  of  his  religious  opinions; 
but  the  liberty  of  conscience  hereby 
secured  shall  not  be  construed  to  dis¬ 
pense  with  oaths  or  affirmations,  ex¬ 
cuse  acts  of  licentiousness,  or  justify 
practices  inconsistent  with  the  peace 
or  safety  of  the  State.  No  person 
shall  be  required  to  attend  or  sup¬ 
port  any  ministry  or  place  of  wor¬ 
ship  against  his  consent,  nor  shall 
any  preferences  be  given  by  law  to 
any  religious  denomination  or  mode 
of  worship.  The  reading  in  the  pub¬ 
lic  schools,  of  selections  from  any 
version  of  the  old  and  new  testa¬ 
ments,  without  comment,  shall  never 
be  held  to  be  in  conflict  with  this 
Constitution. 


shall  become  a  part  of  the  Constitu- 


Section  1.  All  men  are  by  nature 
free  and  independent,  and  have  cer¬ 
tain  inherent  and  inalienable  rights; 
among  these  are  life,  liberty  and  the 
pursuit  of  happiness.  To  secure 
these  rights  and  the  protection  of 
property,  governments  are  instituted 
among  men,  deriving  their  just 
powers  from  the  consent  of  the  gov¬ 
erned.  A  frequent  recurrence  to  the 
fundamental  principles  of  civil  gov¬ 
ernment  is  necessary  to  preserve  the 
|  blessings  of  liberty. 

Section  2.  (No  change  suggested.) 


Section  3.  (No  change  suggested.) 


—21  C  J 


JOURNAL  OF  TIIE 


[Sept.  f>, 


V  -V 


Section  4.  Every  person  may  free¬ 
ly  speak,  write  and  publish  on  all 
subjects,  being  responsible  for  the 
abuse  of  that  liberty;  and  in  all 
trials  for  libel,  both  civil  and  crimi¬ 
nal,  the  truth,  when  published  with 
good  motives  and  for  justifiable  ends, 
shall  be  a  sufficient  defense. 

Section  5.  The  right  of  trial  by 
jury  as  heretofore  enjoyed,  except  as 
herein  modified,  shall  remain  invio¬ 
late,  but  may  be  waived  in  all  but 
capital  cases.  The  trial  of  civil  cases 
by  a  jury  of  less  than  twelve,  and 
less  than  an  unanimous  verdict  in 
civil  cases  may  be  authorized  by  law. 
Women  shall  be  eligible  to  jury  serv¬ 
ice,  but  shall  not  be  required  to  serve. 

Section  6.  The  right  of  the  peo¬ 
ple  to  be  secure  in  their  persons, 
houses,  papers  and  effects  against 
unreasonable  searches  and  seizures, 
shall  not  be  violated;  and  no  war¬ 
rant,  shall  issue  without  probable 
cause,  supported  by  affidavit,  particu¬ 
larly  describing  the  place  to  be 
-searched,  and  the  persons  or  things 
to  be  seized. 

Section  7.  All  persons  shall  be 
bailable,  by  sufficient  sureties,  except 
for  capital  offenses,  where  proof 
is  evident  or  the  presumption  great; 
and  the  privilege  of  the  writ  of 
habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or 
invasion  the  public  safety  may  re- 
.  quire  it. 

Section  8.  No  person  shall  be 
held  to  answer  for  a  criminal  of¬ 
fense,  unless  on  indictment  of  a 
grand  jury,  or,  in  felonies  other  than 
capital  cases,  on  information  filed  by 
leave  of  a  court  of  record  granted 
after  a  preliminary  hearing  showing 
probable  cause  for  prosecution;  ex¬ 
cept  in  cases  in  which  the  punish¬ 
ment  is  by  fine,  or  imprisonment 
otherwise  than  in  the  penitentiary; 
in  cases  of  impeachment;  and 
in  cases  arising  in  the  army  and 
navy,  or  in  the  militia  when  in  actual 
service  in  time  of  war  or  public 
danger.  A  full  panel  of  the  grand 
jury  shall  consist  of  fifteen  persons, 
and  in  finding  a  bill  of  indictment 
at  least  eleven  of  the  grand  jury 
shall  be  present  and  agree  to  the 
finding. 


Section  4.  Every  person  may  free¬ 
ly  speak,  write  or  publish  on  any 
subject,  but  is  responsible  for  the 
abuse  of  this  liberty.  In  trials  for 
libel,  civil  or  criminal,  the  truth, 
when  published  with  good  motives 
and  for  justifiable  ends,  is  a  suffi¬ 
cient  defense. 

Section  5.  The  right  of  trial  by 
jury  shall  remain  inviolate.  A  jury 
may  be  waived  except  in  capital 
cases.  Women  shall  be  eligible  but 
not  required  to  serve  as  jurors.  In 
civil  cases  juries  of  less  than  twelve 
and  verdicts  not  unanimous  may  be 
authorized  by  law. 


Section  6.  (No  change  suggested.) 


Section  7.  All  persons  shall  be 
bailable  by  sufficient  sureties,  except 
for  capital  offenses  where  the  proof 
is  evident  or  the  presumption  great. 
The  privilege  of  the  writ  of  habeas 
corpus  shall  not  be  suspended,  unless 
in  cases  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

Section  8.  No  person  shall  be  held 
to  answer  for  a  felony  except  on  in¬ 
dictment  by  a  grand  jury,  or  (save 
in  capital  cases)  on  information  filed 
by  the  Attorney  General  or  the 
State’s  Attorney  by  leave  of  a  court 
of  record  of  competent  jurisdiction, 
after  a  hearing  in  such  court  show¬ 
ing  probable  cause.  A  grand  jury 
shall  consist  of  fifteen  persons,  eleven 
of  whom  shall  be  present  and  agree 
to  every  indictment. 


1921.] 


COX'STITUTIOXAL  COXVENTIOX. 


on*) 

060 


Section  9.  In  all  criminal  prose¬ 
cutions,  the  accused  shall  have  the 
right  to  appear  and  defend  in  per¬ 
son  and  by  counsel;  to  demand  the 
nature  and  cause  of  the  accusation, 
and  to  have  a  copy  thereof;  to  meet 
the  witnesses  face  to  face,  and  to 
have  process  to  compel  the  attend¬ 
ance  of  witnesses  in  his  behalf,  and 
a  speedy  public  trial  by  an  impar¬ 
tial  jury  of  the  county  or  district  in 
which  the  offense  is  alleged  to  have 
been  committed. 

Section  10.  No  person  shall  be 
compelled  in  any  criminal  case  to 
give  evidence  against  himself,  or  be 
twice  put  in  jeopardy  for  the  same 
offense. 

Section  11.  All  penalties  shall  be 
proportioned  to  the  nature  of  the 
offense;  and  no  conviction  shall  work 
corruption  of  blood  or  forfeiture  of 
estate;  nor  shall  any  person  be 
transported  out  of  the  State  for  any 
offense  committed  within  the  same. 

Section  12.  No  person  shall  be 
imprisoned  for  debt,  unless  upon  re¬ 
fusal  to  deliver  up  his  estate  for  the 
benefit  of  his  creditors,  in  such  man¬ 
ner  as  shall  be  prescribed  by  law; 
or  in  cases  where  there  is  strong 
presumption  of  fraud. 

Section  13.  Private  property, 
which  shall  include  the  property  of 
incorporated  companies  as  well  as 
of  individuals,  shall  not  be  taken 
or  damaged  for  public  use  without 
just  compensation.  Such  compensa¬ 
tion,  when  not  made  by  the  State, 
shall  be  ascertained  by  a  jury,  as 
shall  be  prescribed  by  law.  The  fee 
of  land  taken  for  railroad  tracks, 
without  the  consent  of  the  owners 
thereof,  shall  remain  in  such  owners, 
subject  to  the  use  for  which  it  is 
taken.  The  General  Assembly  may 
authorize  the  State  or  any  county, 
city,  village  or  incorporated  town, 
to  take,  in  furtherance  of  any  pub¬ 
lic  improvement,  by  and  with  the  ap¬ 
proval  of  the  court  as  to  the  neces¬ 
sity  for  such  taking  and  the  quantity 
to  be  taken,  a  reasonable  quantity 
of  land  in  excess  of  that  which  is 
actually  to  be  occupied  by  the  im¬ 
provement,  such  excess  taking  to  be 
in  fee  simple,  and  to  hold,  sell  or 
lease  such  excess  or  any  part  thereof. 


Section  9.  (No  change  suggested.) 


Section  10.  (No  change  suggested.) 


Section  11.  Penalties  shall  be  pro- 
portioned  to  offenses.  No  conviction 
shall  work  corruption  of  blood  or  for- 
feiture  of  estate,  or  transportation 
from  the  State. 


Section  12.  No  person  may  be  im¬ 
prisoned  for  debt  except  upon  refusal 
to  deliver  up  his  estate  for  his  credit¬ 
ors  as  prescribed  by  law,  or  in  case 
of  strong  presumption  of  fraud. 


Section  13.  Private  property  shall 
not  be  taken  or  damaged  for  public 
use  without  just  compensation,  to  be 
ascertained  (except  when  paid  by  the 
State)  by  a  jury.  The  fee  of  land 
taken  for  railroad  tracks  without  the 
consent  of  the  owner  shall  remain  in 
him. 

The  General  Assembly  may  author- 
ice  the  State  or  any  subdivision 
thereof  or  any  municipal  corpora' 
tion,  to  take  and  to  hold,  lease  or 
sell,  more  land  than  is  needed  for  a 
public  improvement,  whenever  the 
court  finds  the  excess  is  required 
to  protect,  preserve  or  aid  the  im¬ 
provement  and  is  reasonable  in 
quantity  therefor. 


324 


JOURNAL  OF  THE  [Sept.  6, 


Section  14.  No  ex  post  facto  law, 
or  law  impairing  the  obligation  of 
contracts,  or  making  any  irrevocable 
grant  of  special  privileges  or  im¬ 
munities,  shall  be  passed. 

Section  15.  The  military  shall  be 
in  strict  subordination  to  the  civil 
power.  No  soldier  shall,  in  time  of 
peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner; 
or  in  time  of  war  except  in  the  man¬ 
ner  prescribed  by  law. 

Section  1G.  The  people  have  the 
right  to  assemble  in  a  peaceable  man¬ 
ner  to  consult  for  the  common  good, 
to  make  known  their  opinions  to 
their  representatives,  and  to  apply 
for  redress  of  grievances. 

Section  17.  All  elections  shall  be 
free  and  equal. 

Section  18.  Every  person  ought  to 
find  a  certain  remedy  in  the  laws 
for  all  injuries  and  wrongs  which  he 
may  receive  in  his  person,  property 
or  reputation;  he  ought  to  obtain, 
by  law,  right  and  justice  freely  and 
without  being  obliged  to  purchase  it, 
completely  and  without  denial, 
promptly  and  without  delay. 

Section  19.  A  frequent  recurrence 
to  the  fundamental  principles  of  civil 
government  is  absolutely  necessary 
to  preserve  the  blessings  of  liberty. 
The  republican  form  of  government 
shall  never  be  abandoned,  modified 
or  impaired  within  this  State. 

Section  20.  The  laws  of  this  State 
shall  be  applicable  alike  to  all  citi¬ 
zens  without  regard  to  race  or  color, 
and  no  citizen  shall  be  prohibited 
from  doing  anything  that  any  other 
citizen  may  do,  because  or  by  reason 
of  the  race  or  color  of  such  citizen. 


Section  14.  (No  change  suggested.) 


Section  15.  The  military  shall  be 
in  strict  subordination  to  the  civil 
power.  Neither  in  time  of  war,  ex¬ 
cept  as  prescribed  by  law,  nor  in 
time  of  peace,  shall  a  soldier  be 
quartered  on  a  householder  without 
his  consent. 

Section  16.  (No  change  suggested.) 


Section  17.  (No  change  suggested.) 


Section  18.  (No  change  suggested.) 


Section  20.  The  republican  form 
of  government  shall  never  be  aban¬ 
doned,  modified  or  impaired  within 
this  State. 


Section  19.  Laws  shall  be  appli¬ 
cable  alike  to  all  citizens  without  re¬ 
gard  to  race  or  color,  and  no  citizen, 
by  reason  of  his  race  or  color  shall 
be  prohibited  from  doing  anything 
that  any  other  citizen  may  do. 


Respectfully  submitted, 

Elam  L.  Clarke,  Chairman . 
Thos.  Rinaker. 

Charles  B.  T.  Moore. 

E.  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H.  Brewster. 
Committee  on  Phraseology  and  Style. 


1921.] 


CONSTITUTIONAL  CONVENTION-. 


325 


IN  RE  PROPOSAL  NO.  376. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  376,  being  a  Proposal 

entitled  Bill  of  Rights. 

The  Bill  of  Rights  has  appeared  in  substantially  the  same  form 
since  its  adoption  in  the  Constitution  of  1818,  and  its  form  has  been 
changed  only  slightly  in  the  reference  draft.  The  history  of  the  Bill 
of  Rights  goes  back  much  further  than  1818,  since  its  substance  may  be 
traced  to  the  Constitution  of  the  United  States  adopted  in  1787,  to'  the 
Ordinance  of  the  North  West  Territory  of  the  same  year  and  to  the 
Declaration  of  Independence  of  1776.  Further  back  in  English  history 
the  prototype  of  many  of  the  provisions  of  the  Bill  of  Rights,  as  we  know 
it  now,  took  shape  in  the  Bill  of  Rights  of  1688  and  earlier  stilJ  in  the 
Petition  of  Rights  in  1627.  Still  further  back  at  the  dawn  of  English 
political  history,  in  1215,  the  origin  of  many  of  these  provisions  may  be 
found  in  Magna  Charta. 

Because  of  the  history  of  the  article  and  because  of  the  great  amount 
of  construction  which  it  has  received  from  the  Supreme  Court  of  this 
State,  your  committee  has  made  few  changes  and  those  only  when  strong 
reasons  appeared. 

Section  1.  Your  committee  has  not  changed  this  section  as  it 
appears  in  the  reference  draft  except  in  punctuation.  The  dash  in  line 
2  has  been  changed  to  a  semicolon  for  the  reason  that  the  section  is  so 
punctuated  in  the  Declaration  of  Independence,  the  Constitution  of 
1818,  and  the  rejected  Constitution  of  1862. 

Your  committee  has  added  to  this  section  a  sentence  which  appears 
as  Section  20  of  this  article  in  the  present  Constitution.  Section  20 
of  this  article  in  the  Constitution  of  1870  was  made  Section  19  of  the 
reference  draft  and  a  further  sentence  was  added.  A  short  considera¬ 
tion  of  the  two  provisions  as  they  appear  in  the  Constitution  of  1870 
shows  the  similarity  of  their  subject  matter.  Each  is  an  Abstract  state¬ 
ment  of  political  philosophy.  Logic  would  seem  to  suggest  that  the 
two  sections,  as  they  appeared  in  1870,  be  combined  and  accordingly 
your  committee  has  made  this  consolidation. 

Section  2.  No  change  has  been  made  in  this  section. 

Section  3.  No  change  has  been  made  in  this  section. 

Section  4.  The  reference  draft  is  the  same  as  Section  4  in  the 
Constitution  of  1870.  It  contains  two  elements  which  are  not  suffici¬ 
ently  related  from  the  point  of  view  of  sentence  unity.  These  two  ele¬ 
ments  existed  not  only  in  separate  sentences  but  in  separate  sections  in 
the  Constitution  of  1818,  the  Constitution  of  1848  and  the  rejected 
Constitution  of  1862.  The  necessity  for  separate  sentences  is  apparent 
when  it  is  observed  that  the  first  clause  of  the  reference  draft  deals 
with  both  slander  and  libel,  while  the  second  clause  deals  only  with 
libel. 

The  Convention  of  1870  also  changed  the  phrase  “any  subject” 
as  it  had  appeared  in  all  the  prior  Constitutions  to  read  “all  subjects.” 
Your  Committee  considers  the  original  form  preferable  and  has  restored 
it.  The  adjective  “this”  seems  preferable  to  “that”  when  used  to  modify 


JOURNAL  OF  THE 


[Sept.  6, 


32  G 

the  word  “liberty”  since  the  liberty  under  consideration  is  immediate 
and  not  remote.  The  correlatives  “both  *  *  *  and”  mean  the  same 

as  “or”  and  your  committee  has  used  the  latter  word. 

Section  5.  This  section  has  been  rephrased  in  Committee  of  the 
Whole  and  only  a  fraction  of  the  section  as  it  appeared  in  the  Consti¬ 
tution  of  1870  has  been  retained. 

The  phrase  “as  heretofore  enjoyed”  first  appeared  in  1870.  The 
Supreme  Court  of  this  State  has  at  times  construed  this  phrase  as  pre¬ 
serving  the  right  of  trial  by  jury  as  it  existed  at  the  time  of  adoption  of 
the  Constitution.  ( Boss  v.  Irving,  14  Ill.  171,  1852,  decided  under  the 
Constitution  of  1848;  Commercial  Insurance  Company  v.  S common , 
123  Ill.  601,  1888;  City  of  Spring  Valley  v.  Spring  Valley  Coal  Com¬ 
pany,  173  Ill.  497,  1898).  On  other  occasions  these  words  have  been 
construed  to  guarantee  the  right  of  trial  by  jury  as  it  existed  at  common 
law.  ( George  v.  People,  167  Ill.  447,  1897;  Paulsen  v.  People,  195  Ill. 
507,  1902). 

It  is  apparent  that  this  phrase  in  1920  does  not  mean  the  same 
thing  that  it  meant  in  1870  for  the  simple  reason  that  half  a  century 
has  passed  in  the  interval.  Moreover,  it  is  apparent  from  the  changes 
made  in  Committee  of  the  Whole  that  the  “right  of  trial  by  jury”  can¬ 
not  be  the  same  “right”  as  that  heretofore  enjoyed.  In  view  of  these 
facts  your  committee  has  thought  it  unwise  to  repeat  this  phrase  in  the 
Constitution  of  1920. 

The  phrase  “in  all  but  capital  cases”  seems  to  your  committee  not 
so  good  an  expression  as  “except  in  capital  cases.” 

The  second  sentence  in  the  reference  draft  is  new  and  seems  to  vour 
committee  to  be  expressed  better  -in  the  form  given  in  your  committee  s 
draft. 

The  third  sentence  of  the  reference  draft  is  likewise  new  and  has 
been  simplified  by  }'Our  committee  with  no  intention  to  change  its  mean¬ 
ing.  Its  place  in  the  section  has  been  changed  to  conform  to  rules  of 
logic  and  paragraph  unity. 

Section  6.  No  change  has  been  made  in  this  section. 

Section  7.  The  principal  change  made  by  your  committee  in  this 
section  is  to  divide  it  into  two  sentences.  It  is  obvious  that  the  light 
of  a  person  to  secure  bail  has  no  essential  connection  with  the  pinilege 
of  the  writ  of  habeas  corpus.  To  combine  these  elements  into  one  sen¬ 
tence  violates  the  principle  of  sentence  unity. 

The  word  “when”  after  the  word  “unless”  has  been  dropped.  I  he 
words  “unless  when”  originated  in  the  Federal  Constitution.  At  that 
time  the  word  “unless”  was  in  good  usage  as  a  preposition.  It  was 
used  as  a  synonym  for  the  preposition  “except,”  and  it  is  used  in  that 
sense  here. '  But  in  the  past  century  good  usage  has  changed,  and  the 
word  “unless”  is  now  used  exclusively  as  a  conjunction.  (Century  Dic¬ 
tionary).  The  word  “when”  is  therefore  unnecessary. 

Section  8.  This  section  is  similar  to  the  fifth  amendment  of  the 
Federal  Constitution.  It  has  appeared  in  a  slightly  different  foim  in 
each  of  the  three  Constitutions  of  this  State. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


327 


As  it  appears  in  the  Constitution  of  1870,  this  section  has  given 
some  difficulty  in  construction.  The  Supreme  Court  at  one  time  re¬ 
ferred  to  it  as  requiring  felonies  to  be  prosecuted  by  indictment  and  per¬ 
mitting  misdemeanors  to  be  prosecuted  by  information.  ( Brewster  v. 
People \,  183  Ill.  143,  1899).  However,  the  court  later  held  that  this 
rule  was  not,  for  all  purposes,  correct.  For  example,  larceny  (including 
petty  larceny)  prior  to  1911  was  named  by  statute  as  an  infamous  crime 
and  accordingly  was  punishable  by  loss  of  civil  rights.  Thus  petty 
larceny,  although  it  was  only  a  misdemeanor,  was  punishable  “otherwise 
than  in  the  penitentiary”  and  could  not  be  prosecuted  by  information 
under  this  section.  ( People  v.  Russel ,  245  Ill.  268,  1910).  However, 
the  General  Assembly  in  1911  remedied  this  situation  by  amending  the 
statute  describing  infamous  crimes  to  exclude  petty  larceny.  (Act  of 
May  29,  1911). 

The  provision  in  the  Constitution  of  1870  that  the  grand  jury  may 
be  abolished  by  law  “in  all  cases”  was  inserted  to  permit  the  General 
Assembly  to  abolish  the  grand  jury  in  any  or  all  cases  as  that  body  might 
see  fit.  (Debates  1870,  p.  1442).  However,  in  1907,  the  Attorney 
General  held  that  under  this  provision  the  grand  jury  could  not  be 
abolished  in  any  case  unless  it  was  abolished  in  all  cases.  (Deports,  At¬ 
torney  General,  1908,  p.  52).  This  construction  thwarts  the  clear  in¬ 
tention  of  the  Convention  of  1870. 

The  Convention  has  adopted  the  section  as  it  stands  in  the  Consti¬ 
tution  of  1870  with  but  two  changes : 

First — the  words  “Provided,  that  the  grand  jury  may  be  abolished 
by  law  in  all  cases”  have  been  eliminated  and  a  provision  has  been  sub¬ 
stituted  permitting  the  prosecution  of  felonies  “other  than  capital  cases, 
on  information  filed  by  leave  of  a  court  of  record  granted  after  a  pre¬ 
liminary  hearing  showing  probable  cause  for  prosecution.” 

Second — the  last  sentence  of  the  reference  draft,  relative  to  the 
composition  of  the  grand  jury,  has  been  added. 

An  analysis  of  the  reference  draft  shows  that  five  types  of  prose¬ 
cution  for  “criminal  offenses”  are  contemplated : 

1.  By  indictment  in  capital  cases. 

2.  By  indictment  or  on  information  filed  by  leave  of  a  court  of 
record  after  a  hearing  showing  probable  cause  in  felonies  other  than 

capital  cases. 

3.  By  any  manner  which  the  General  Assembly  may  direct  in 
“cases  in  which  the  punishment  is  by  fine  or  imprisonment  otherwise 

than  in  the  penitentiary.” 

4.  By  impeachment. 

5.  By  courts  martial. 

Between  number  2  and  number  3  there  is  a  further  class  of  cases 
which  (evidently  by  oversight)  are  not  covered  by  the  reference  draft; 
that  is,  cases  in  which  the  punishment  may  be  either  imprisonment  in 
the  penitentiary  or  otherwise.  Such  cases  under  the  decisions  are  not 
felonies  nor  are  they  cases  in  which  the  punishment  is  by  “fine  or 
imprisonment  otherwise  than  in  the  penitentiary.”  A  felony  is  defined 
by  the  criminal  code  as  “an  offense  punishable  with  death  or  by  im¬ 
prisonment  in  the  penitentiary.”  (Jones  &  Addington  Annotated 


JOUEXAL  OF  THE 


[Sept.  6, 


Statutes,  Sec.  3970).  It  is  well  settled  under  this  definition  that  if  an 
offense  is  punishable  by  a  penitential  sentence  and  may  also  be  punish¬ 
able  otherwise  than  by  imprisonment  in  the  penitentiary,  (for  example, 
by  fine  or  imprisonment  in  the  county  jail),  such  an  offense  is  a  mis¬ 
demeanor  and  not  a  felony.  ( Larnhin  v.  People,  94  Ill.  501,  1880;  Baits 
v.  People,  123  Ill.  428,  1888;  Herman  v.  People,  131  Ill.  594,  1889; 
People  v.  Paisley,  288  Ill.  310,  1919).  Similarly  the  Supreme  Court 
has  construed  the  provision  permitting  prosecution  by  information  “in 
cases  in  which  the  punishment  is  by  fine,  or  imprisonment  otherwise 
than  in  the  penitentiary,”  to  include  only  cases  where  no  penitentiary 
sentence  can  be  given.  ( People  v.  Glowachi,  236  Ill.  612,  1908;  People 
v.  Bussell,  245  Ill.  268,  1910).  It  thus  appears  that,  since  the  reference 
draft  makes  no  special  provision  for  the  prosecution  of  cases  where  the 
punishment  may  be  either  imprisonment  in  the  penitentiary  or  other¬ 
wise,  such  cases  can  be  prosecuted  only  by  indictment.  This  clearly  was 
not  the  intention  of  the  Committee  of  the  Whole. 

Your  committee  has  therefore  changed  the  wording  of  the  section 
to  make  it  apply  to  “felonies”  instead  of  to  “criminal  offenses.”  This 
change  has  been  made  for  three  reasons : 

1.  It  remedies  the  inadvertent  omission  of  the  class  of  cases  des¬ 
cribed  in  the  preceding  paragraph. 

2.  It  eliminates  the  difficulty  involved  in  the  construction  of  the 
clause  “by  imprisonment  otherwise  than  in  the  penitentiary,”  as  con¬ 
sidered  above. 

3.  It  permits  the  omission  of  trials  for  misdemeanors  upon  im¬ 
peachments  and  by  courts  martial  from  the  entire  scope  of  the  section. 
These  three  classes  of  trials  are  really  not  intended  to  be  covered  by 
the  section,  since  they  are  specifically  excepted  from  its  application. 
By  omitting  from  the  section  any  reference  to  them  the  same  result  is 
accomplished  as  was  intended  by  the  reference  draft;  and  the  result  is 
secured  by  a  much  simpler  wording. 

Your  committee  has  made  the  following  minor  changes  in  the 
section:  (a)  The  word  “except”  has  been  substituted  for  the  word 

“unless”  in  the  reference  draft  for  the  reasons  given  in  the  discussion 
of  Section  7  of  this  memorandum,  (b)  The  verb  “granted”  is  omitted 
as  unnecessary,  since  the  adverbial  clause  “after  a  preliminary  hearing 
modifies  the  verb  “filed”  if  “granted”  is  omitted,  (c)  The  words  “prob¬ 
able  cause  ior  prosecution”  have  been  shortened  to  the  equivalent  term 
“probable  cause.”  (d)  The  last  sentence  of  the  refeience  diaft  has 
been  shortened  by  omitting  superfluous  words. 

After  considerable  study  your  committee  has  concluded  that  the 
provision  of  this  section  permitting  prosecution  by  information  (as 
worded  in  the  reference  draft)  is  not  self  executing,  as  it  was  intended 
to  be.  This  will  be  obvious  when  it  is  observed  that;  (a)  The  pro¬ 
vision  does  not  specify  whether  the  information  is  to  be  filed  by.(l) 
the  State’s  attorney,  (2)  the  Attorney  General,  or  (3).  by  any  citizen, 
or  (4)  by  anv  one  of  these,  (b)  The  section  does  not  indicate  whethei 
one  court  may  grant  leave  to  file  an  information  in  another  court ,  or 
whether  the  hearing  may  not  be  heard  in  the  court  which  grants  the 
leave,  (c)  It  is  not  clear  whether  the  leave  to  file  the  information  may 


1921.] 


CONSTITUTIONAL  CONVENTION. 


329 


be  asked  of  a  court  having  no  criminal  jurisdiction;  and  if  it  may  be 
asked  for  in  such  court,  it  does  not  appear  where  the  trial  should  take 
place. 

In  order  to  remove  the  doubt  raised  by  (a)  above,  your  com¬ 
mittee  has  provided  that  the  information  may  be  filed  by  the  Attorney 
General  or  by  the  State's  attorney.  Your  committee  is  satisfied  that 
the  Convention  did  not  intend  to  enlarge  the  section  so  as  to  permit  any 
individual  to  file  the  information  ;  on  the  other  hand,  the  Convention 
intended  only  to  give  the  existing  officers  charged  with  the  duty  of  pro¬ 
secuting  criminals  (the  Attorney  General  and  the  State's  attorney) 
an  additional  means  of  proceeding  in  the  cases  concerned.  Accordingly 
the  words  “by  the  Attorney  General  or  State's  attorney"  have  been 
added. 

In  order  to  require  that  the  same  court  which  grants  the  leave  to 
file  the  information  shall  also  hold  the  hearing  upon  it,  your  committee 
has  added  the  words  “in  such  court."  This  avoids  the  difficulty  in 
(b)  above  and  requires  the  hearing  to  be  held  in  the  court  which 
grants  the  leave.  In  order  to  secure  the  filing  of  the  information  in  a 
court  which  may  lawfully  hear  it,  your  committee  has  inserted  the 
words  “of  competent  jurisdiction"  after  the  words  “court  of  record.” 
The  difficulty  in  (c)  above  is  thereby  avoided. 

Section  9.  No  change  has  been  made  in  this  section. 

Section  10.  No  change  has  been  made  in  this  section. 

Section  11.  The  word  “all"  is  omitted  as  unnecessary. 

Since  the  word  “penalties"  is  used  in  the  plural,  the  plural  form 
“offenses"  should  also  be  used. 

Your  committee  has  condensed  the  phrase  “proportioned  to  the 
nature  of  the  offense"  to  “proportioned  to  offenses."  The  words  omitted 
by  your  committee  seem  unnecessary. 

Your  committee  has  also  condensed  the  phrase  “ . .  shall 

any  person  be  transported  out  of  the  State  for  any  offenses  committed 
within  the  same,"  to  read  “work  *  *  *  transportation  from  the 

State."  The  clause  has  thereby  been  shortened  and  your  committee  be¬ 
lieves  that  its  meaning  has  not  been  changed. 

There  seems  no  necessity  for  the  phrase  “any  offense  committed 
within  the  same"  since  your  committee  assumes  the  section  is  not  in¬ 
tended  to  be  applicable  to  offenses  committed  outside  the  State.  The 
adjective  “same"  is  here  again  used  as  a  pronoun.  Tour  committee 
has  already  called  attention  to  the  impropriety  of  such  usage. 

Section  12.  Your  committee  has  made  but  slight  changes  in  this 
section. 

The  verb  “shall"  has  been  changed  to  “may"  since  it  is  clear  that 
•  the  imperative  is  not  intended.  As  already  stated,  your  committee  has 
consistently  used  the  word  “shall"  to  express  the  imperative. 

The  word  “unless"  has  been  changed  to  “except"  for  the  reasons 
set  out  in  the  discussion  of  Section  7  of  this  memorandum. 

The  phrase  “for  the  benefit  of  his  creditors"  has.  been  shortened  by 
your  committee  to  the  equivalent  phrase  “for  his  creditors." 


330 


JOURNAL  OF  THE 


[Sept.  6, 


The  words  “in  such  manner  as  may  be  prescribed  by  law”  mean  no 
more  than  “as  prescribed  by  law,”  and  your  committee  has  used  the 
shorter  phrase. 

The  last  clause  of  the  section  is  correlative  and  not  coordinate. 
Accordingly  your  committee  has  substituted  a  comma  for  a  semicolon  • 
to  show  the  true  relation  of  this  clause  to  the  sentence. 

There  seems  no  justification  for  the  use  of  the  plural  cases  since 
the  singular  form  “base”'  necessarily  applies  to  every  situation  wnich 
may  arise. 

The  phrase  “where  there  is  strong  presumption  of  fraud”  has  been 
condensed  by  your  committee  to  “of  strong  presumption  of  fraud.” 

'  Here  again  your  committee,  in  revising  the  section,  has  been  care¬ 
ful  not  to  change  its  meaning. 

Section  13.  The  first  part  of  this  section  is  the  same  as  Section 
13  of  Article  II  of  the  present  Constitution,  except  that  after  the  word 
“property”  the  words  “which  shall  include  the  property  of  incorporated 
companies  as  well  as  of  individuals”  have  been  added  by  the  Committee 
of  the  Whole.  This  language  is  intended  to  cover  the  same  ground  as 
that  covered  by  Section  14  of  Article  XI  of  the  present  Constitution. 
But  the  words"  “private  property”  have  been  held  to  include  corporate 
property  and  franchises,  and  the  Supreme  Court  has  several  times  stated 
that  Section  14  of  Article  XI  is  unnecessary.  ( Mitchell  v.  I.  &  St.  L. 
By.  Co.,  68  Ill.  286,  1873;  L.  S.  &  M.  S.  By.  Co.  v.  C.  &  W.  I.  By.  Co., 
97  Ill.  506,  1881;  A.  &  S.  By.  Co.  v.  Vandalia  By.  Co.,  268  Ill.  68, 
1915).  For  these  reasons  your  committee  has  omitted  these  words  from 
its  redraft 

The  phrase  “as  shall  be  prescribed  by  law”  has  been  omitted.  It 
is  difficult  to  tell  whether  this  clause  modifies  the  verb  “ascertained”  or 
the  noun  “jury,”  but  in  either  case  it  is  unnecessary.  If  the  clause 
modifies  the  word  “ascertained”  it  adds  nothing  to  the  meaning  of  the 
sentence,  because  “compensation”  cannot  be  ascertained  until  a  statute 
has  prescribed  the  proceedings.  In  the  case  of  People  v.  McBob&rts.  62 
Ill.  38,  1871,  the  Supreme  Court,  in  construing  this  section,  said: 

“Suppose  that  the  words,  ‘as  shall  be  prescribed  by  law/  had 
been  omitted  in  the  section,  no  one  would  doubt  for  a  moment  that 
the  section  went  into  effect  in  presenti;  and  that,  until  an  enactment 
of  a  proper  law,  if  there  was  none,  the  right  of  eminent  domain 
could  not  be  exercised.” 

On  the  other  hand,  if  this  clause  modifies  the  word  ‘jury  it  has 
been  disregarded  by  the  Supreme  Court.  That  court  has  held  that  the 
“jury”  required  bv  this  section  is  the  same  kind  of  a  jury  require 
by  Section  5  of  Article  II  of  the  Constitution.  (McManus  v.  1 Mc¬ 
Donough,  107  Ill.  95,  1883).  Since  the  clause  “as  shall  be  prescribed 

by  law”  has  no  effect,  it  has  been  omitted. 

In  the  interest  of  brevity  the  first  two  sentences  of  the  refeience 

draft  have  been  consolidated.  ^ 

The  words  “when  not  made  by  the  State  hav  e  been  rephrased  o 

read,  “except  when  paid  by  the  State”  to  make  more  clear  the  fact  that 
these  words  constitute  an  exception  to  the  rule  of  the  sentence. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


331 


The  next  sentence  of  the  reference  draft  reads  “the  fee  of  land 
taken  for  railroad  tracks  without  the  consent  of  the  owner  thereof  shall 
remain  in  such  owner  subject  to  the  use  for  which  it  is  taken/’  Your 
committee  has  shortened  this  sentence  to  read  "The  fee  of  land  taken 
for  railroad  tracks  without  the  consent  of  the  owner  shall  remain  in 
him.”  The  words  “subject  to  the  use  for  which  it  is  taken”  are  unneces¬ 
sary  because  if  land  is  taken  for  railroad  tracks  and  the  fee.  remains  in 
the  owner,  it  is  obvious  that  the  land  is  subject  to  the  use  in  question. 

The  last  sentence  of  Section  13  is  new  with  this  Convention.  It 
was  inserted  to  give  what  is  known  as  the  right  of  ’’Excess  Condem¬ 
nation.”  In  reality  it  is  a  construction-sentence  for  the  first  portion,  of 
the  section,  since  its  purpose  is  to  enlarge  the  narrow  construction 
given  by  the  courts  to  the  term  “public  use.”  These  words  have  here¬ 
tofore  been  construed  to  permit  the  condemnation  of  only  such  property 
as  is  actually  occupied  by  a  public  improvement. 

In  genera]  there  are  three  theories  of  “Excess  Condemnation.” 

The  first  theory  is  that  the  condemning  authority  should  be 
entitled  to  take  remnants  of  lots  which  are  too  small  for  suitable  inde¬ 
pendent  use.  This  theory  is  known  as  the  “remnant  theory”  and  is  sup¬ 
ported  by  the  following  arguments : 

(a)  The  remnants  are  unsightly  and  often  remain  so  for  long 

periods  of  time. 

(b)  The  condemning  authority  is  compelled  to  reimburse  the 
owner  of  the  remnant  often  to  the  extent  of  its  full  value  for  the  damage 
done  to  the  remnant. 

(c)  The  condemning  authority,  when  the  improvement  is  paid 
for  by  special  assessment,  is  prevented  from  assessing  the  property  be¬ 
yond  the  remnant  as  property  abutting  upon  the  improvement. 

The  second  theory  of  “Excess  Condemnation”  would  permit  the 
condemning  authority  to  take  land  on  all  sides  of  the  improvement  and 
to  resubdivide  and  rearrange  the  frontage  abutting  upon  the  improve¬ 
ment.  This  theory  would  permit  the  full  benefits  of  the  improvement 
to  be  realized.  The  language  usually  adopted  to  secure  this  result  is 
that  additional  land  may  be  taken  sufficient  “to  protect”  or  “to  preserve” 
the  improvement,  although  sometimes  both  these  words  or  similar  words 
are  used.  (See  Wisconsin  Amendment  of  1912,  Constitution  of  Wis¬ 
consin,  Article  II,  Section  3A;  Acts  of  Virginia  1906,  Chapter  194, 
Section  1;  Laws  of  Oregon  1913,  Chapter  269,  Section  1.  See  also  Yew 
York  Amendment  of  1913,  Yew  York  Constitution,  Article  I,  Section 
7,  and  Rhode  Island  Amendment  of  1916,  Constitution  of  Rhode  Island, 
Article  17,  Section  1.)  In  Ohio,  by  the  Amendment  of  1912  (Consti¬ 
tution  of  Ohio,  Article  18,  Section  10),  a  somewhat  more  comprehensive 
grant  is  given,  the  only  limitation  being  that  the  additional  land  shall 
be  “in  furtherance  of  such  public  use.”  It  seems  entirely  fair  to  say 
that  the  provisions  adopted  by  the  states  which  have  permitted  such 
excess  in  the  taking  of  land  (either  by  constitutional  amendment  or  by 
general  laws  under  existing  Constitutions)  are  mostly  drafted  upon  the 
basis  of  this  theory. 

3.  The  third  theory  would  allow  the  condemnation  and  resell¬ 
ing  of  any  land  benefited  by  the  improvement,  even  though  such  land 


332 


JOURNAL  OF  THE 


[Sept.  G, 


might  be  at  a  considerable  distance  from  the  improvement  itself.  The 
purpose  of  this  theory  is  to  permit  the  municipality  to  reimburse  itself 
for  the  expense  of  constructing  the  improvement  by  taking  any  or  all 
of  the  land  so  benefited.  This  is  known  as  the  “recoupment  theory.” 

Your  committee  feels  certain  that  the  Convention  did  not  intend 
to  adopt  this  last  theory.  It  seems  clear  also  that  the  Convention  did 
not  intend  to  limit  the  additional  land  taken  to  that  allowed  by  the 
first  theory;  since  the  amount  of  additional  land  taken  and  the  circum¬ 
stances  under  which  it  is  to  be  taken  are  left  to  the  judgment  of  a  court 
and  are  not  specially  limited  to  “remnants.”  In  view  of  these  con¬ 
siderations  your  committee  has  redrafted  the  provision  to  conform  to  the 
second 'theory  and  at  the  same  time  to  comply  with  the  restrictions  im¬ 
posed  by  the  reference  draft. 

Section  II.  Yo  change  has  been  made  in  this  section. 

Section  15.  This  section  combines  without  change  Sections  15  and 
1G  of  Article  II  of  the  Constitution  of  1870.  Your  committee  has  not 
altered  the  form  of  the  first  sentence,  but  the  second  has  been  rephrased 
to  express  the  idea  more  accurately.  The  reference  draft  required  the 
consent  of  the  owner  of  the  house  rather  than  the  persons  living  in  it. 
Literally  construed,  the  reference  draft  would  not  permit  the  govern¬ 
ment  to  quarter  soldiers  in  their  own  homes,  if  the  soldiers  did  not  own 
their  homes,  without  the  consent  of  the  owner.  Similarly  soldiers 
might  be  quartered  in  the  home  of  a  renter  without  his  consent  if  the 
owner  of  the  house  consented.  This  obviously  was  not  the  intention. 
Your  committee  has  therefore  rewritten  the  section  to  require  th$  con¬ 
sent  of  the  householder  rather  than  the  owner  of  the  house.  The  term 
“householder”  is  well  known  to  the  law  and  is  defined  as  “the  person 
who  holds  or  occupies  a  house  as  his  own  dwelling  or  that  of  his  house¬ 
hold.”  (Oxford  Dictionary,  Yol.  5,  p.  422.)  The  idiom  “to  quarter 
soldiers  on  a  householder”  is  also  well  known.  (Oxford  Dictionary,  Yol. 
8,  p.  30.)  The  sentence  has  been  otherwise  revised  to  avoid  splitting 
the  main  verb  from  its  auxiliary. 

Section  16.  Yo  change  has  been  made  in  this  section. 

Section  17.  Yo  change  has  been  made  in  this  section. 

Section  18.  Yo  change  has  been  made  in  this  section. 

Section  19.  This  section  is  new  with  this  Convention. 

The  words  “of  this  State”  have  been  omitted  as  unnecessary.  The 
antecedent  of  the  words  “such  citizens”  in  the  last  line  of  the  section 
is  not  clear.  The  grammatical  antecedent  is,  of  course,  the  next  pre¬ 
ceding  appropriate  substantive,  which  is  “any  other  citizen,”  but  this 
construction  apparently  does  not  effect  the  purpose  intended.  Your 
committee  has  therefore  rearranged  the  phrase  to  make  it  clear  that  “no 
citizen”  is  the  proper  antecedent  of  “such  citizen.” 

Section  20.  The  first  sentence  of  this  section  has  been  combined, 
without  change,  with  Section  1  of  this  Article. 

The  second  sentence  is  not  changed.  The  sentence  is  new  with  this 
Convention.  Your  committee  calls  attention  to  the  fact  that  there  is 
no  similar  provision  in  any  other  State  Constitution.  The  Federal  Con¬ 
stitution  provides  in  Section  4,  Article  IY,  “The  United  States  shall 
guarantee  to  every  state  in  this  Union  a  Republican  form  of  govern- 


19.21.] 


CONSTITUTIONAL  CONVENTION. 


333 


ment This  section  of  the  Federal  Constitution  has  been  little  con¬ 
strued.  President  Taft  vetoed  an  act  admitting  Arizona  to  the  Union 
because  the  proposed  Constitution  of  that  State  contained  a  provision 
for  the  initiative  and  referendum.  The  President  held  that  this  pro¬ 
vision  in  the  Arizona  Constitution  violated  the  principles  of  a  Republi¬ 
can  form  of  government.  The  state  was  afterwards  admitted  to  the 
Union  without  this  provision  in  its  Constitution,  and  after  admission 
amended  its  Constitution  to  adopt  the  initiative  and  referendum.  The 
phrase  “Republican  form  of  government”  is  an  extremely  vague  one. 
The  presence  of  this  provision  in  the  Constitution  will  subject  every 
law  altering  in  any  degree  the  present  form  of  government,  to  the 
caprice  of  a  court,  since  the  court  may  declare  that  the  law  disrupts 
the  Republican  form  of  government. 


Report  No.  10. 


YOUR  COMMITTEE  OY  PHRASEOLOGY  A  YD  STYLE,  TO 
WHICH  WAS  REFERRED  A  PROPOSAL  IY  RELATIOY  TO 
THE  PREAMBLE  OF  THE  COYSTITUTIOY  OF  ILLINOIS 
(INTRODUCTION  YO.  375,  REFERENCE  YO.  Id)  \S 
AMEYDED  IY  COMMITTEE  OF  THE  WHOLE,  RE¬ 
SPECTFULLY  REPORTS  THAT  IT  HAS  COYSIDERED 
SUCH  PROPOSAL  AYD  HEREWITH  SETS  FORTH  IY 
PARALLEL  COLUMYS  SAID  PROPOSAL  AS  ADOPTED  IY 
COMMITTEE  OF  THE  WHOLE  OY  THE  LEFT,  AYD  A 
SUBSTITUTE  THEREFOR  AS  RECOMMENDED  BY  THIS 
COMMITTEE  OY  THE  RIGHT. 


Resolved,  That  the  following  shall  become  a  part  of  the  Consti¬ 
tution  of  Illinois: 


We,  the  people  of  the  State  of  Illi¬ 
nois — grateful  to  Almighty  God  for 
the  civil,  political  and  religious 
liberty  which  He  hath  so  long  per¬ 
mitted  us  to  enjoy,  and  looking  to 
Him  for  a  blessing  upon  our  endeav¬ 
ors  to  secure  and  transmit  the  same 
unimpaired  to  succeeding  genera¬ 
tions — in  order  to  form  a  more  per¬ 
fect  government,  establish  justice, 
insure  domestic  tranquility,  provide 
for  the  common  defense,  promote 
the  general  welfare,  and  secure  the 
blessings  of  liberty  to  ourselves  and 
our  posterity;  do  ordain  and  estab¬ 
lish  this  Constitution  of  the  State 
of  Illinois. 


We,  the  people  of  the  State  of  Illi¬ 
nois,  grateful  to  Almighty  God  for 
the  civil,  political  and  religious 
•  liberties  which  He  hath  so  long  per¬ 
mitted  us  to  enjoy,  and  looking  to 
Him  for  a  blessing  upon  our  endeav¬ 
ors  to  secure  and  transmit  them  un¬ 
impaired  to  succeeding  generations, 
in  order  to  form  a  more  perfect  gov¬ 
ernment,  establish  justice,  insure 
domestic  tranquility,  provide  for  the 
common  defense,  promote  the  gen¬ 
eral  welfare,  and  secure  the  bless¬ 
ings  of  liberty  to  ourselves  and  our 
posterity,  do  ordain  and  establish 
this  Constitution  of  the  State  of  Illi¬ 
nois. 


Respectfully  submitted, 

Elam  L.  Clarke,  Chairman. 
Titos.  Rinaker. 

Charles  B.  T.  Moore. 

E.  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H.  Brewster. 
Committee  on  Phraseology  and  Style. 


334 


JOURNAL  OF  TILE 


[Sept,  6, 


IN  RE  PROPOSAL  NO.  375. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  375,  being  a  Proposal  in 
relation  to  the  PREAMBLE  of  the  Constitution 

of  Illinois. 

This  proposal  as  revised  is  in  tlie  same  form  as  the  reference  draft 

except  for  three  grammatical  changes. 

The  nse  of  the  dash  in  the  reference  draft  to  set  off  the  clause  be¬ 
ginning  “grateful  to  Almighty  God”,  etc.,  cannot  be  justified  under 
proper  rules  of  punctuation.  (Hill,  “Foundations  of  Rhetoric”,  p.  347.) 
The  comma  has  therefore  been  substituted  for  the  dash. 

The  Preamble  is  made  up  of  a  single  sentence  which  has  for  its 
main  clause  the  words  “We,  the  people  of  the  State  of  Illinois  *  * 
do  ordain  and  establish  this  Constitution  of  the  State  of  Illinois”.  In 
the  reference  draft  the  sentence  has  its  subject  separated  from  its  verb 
by  a  semicolon.  This  error  has  been  corrected  in  the  proposal  as  revised. 

The  reference  draft  contains  the  words  “the  same”  used  as  a  pro¬ 
noun.  Attention  has  been  called  in  previous  reports  of  this  Committee 
to  this  prevalent  but  objectionable  usage.  The  pronoun  them  has 
been  substituted  for  the  words  “the  same”,  and  the  word  “liberty”  has 
been  changed  to  the  plural  “liberties”,  to  make  the  grammatical  con¬ 
struction  correct. 


Report  No.  11. 

your  committee  on  phraseology  and  style,  to 

WHICH  WAS  REFERRED  A  PROPOSAL  ENTITLED  REV¬ 
ENUE  (INTRODUCTION  NO.  378,  REFERENCE  NO.  19) 
AS  AMENDED  IN  COMMITTEE  OF  THE  WHOLE,  RE¬ 
SPECTFULLY  REPORTS  THAT  IT  HAS  CONSIDERED 
SUCH  PROPOSAL  AND  HEREWITH  SETS  FORTH  IN 
PARALLEL  COLUMNS  SAID  PROPOSAL  AS  ADOPTED  IN 
COMMITTEE  OF  THE  WHOLE  ON  THE  LEFT,  AND  A 
SUBSTITUTE  THEREFOR  AS  RECOMMENDED  BY  THIS 
COMMITTEE  ON  THE  RIGHT. 


Resolved,  That  the  following  shall  become  a  part  of  the  Constitu¬ 


tion  of  Illinois: 

Section  1.  The  power  of  taxation 
shall  never  be  surrendered,  suspend¬ 
ed,  or  contracted  away.  All  taxes 
shall  be  levied  and  collected  under 
general  law  and  for  public  purposes 
only.  The  General  Assembly  shall 
provide  for  the  levy  of  taxes  upon 
property  by  valuation  so  that  every 
person  and  corporation  shall  pay  a 
tax  in  proportion  to  the  value  of  his 
or  her  or  its  property,  such  value  to 
be  ascertained  by  some  person  or  per¬ 
sons  to  be  elected  or  appointed  in 


Section  1.  The  power  of  taxation 
shall  never  be  surrendered  or  sus¬ 
pended.  Taxes  shall  be  levied  and 
collected  only  under  general  laws 
and  for  public  purposes. 

Section  3.  (Part  of  Reference 
Section  1.)  Taxes  on  property  by 
valuation  shall  be  in  proportion  to 
its  value. 

Taxes  on  incomes  may  be  progres¬ 
sive  but  the  highest  rate  sball  not 
exceed  four  times  the  lowest  rate; 
exemptions  may  be  provided  not  to 


1921.] 


CONSTITUTIONAL  CONVENTION. 


335 


such  manner  as  the  General  Assem¬ 
bly  shall  direct  and  not  otherwise. 

Taxes  may  be  levied  also  on  in¬ 
comes;  if  the  income  tax  be  gradu¬ 
ated  and  progressive  the  highest 
rate  shall  not  exceed  four  times  the 
lowest  rate;  and  not  exceeding  $500 
to  a  person  not  the  head  of  a  fam¬ 
ily  whose  total  net  income  is  less 
than  $1,000  and  not  exceeding  $1,000 
to  the  head  of  a  family  whose  total 
net  income  is  less  than  $2,000  may 
he  exempted  from  income  tax.  Taxes 
levied  by  valuation  upon  property  in 
this  State  and  paid  shall  be  deducted 
from  the  tax  on  income  derived 
therefrom  by  the  person  or  corpor¬ 
ation  paying  such  property  tax. 

In  lieu  of  any  property  tax  there¬ 
on,  the  General  Assembly  may  pro¬ 
vide  a  uniform  tax  on  all  income  de¬ 
rived  from  intangible  property,  in 
which  case  the  rate  of  such  income 
tax  shall  be  a  uniform,  real  and 
substantial  tax,  and  there  shall  be 
no  exemptions  therefrom,  except  as 
provided  in  Section  3  of  this  Article. 

Taxes  may  also  be  levied  on  privi¬ 
leges,  franchises  and  occupations 
uniform  as  to  class. 

The  above  specifications  of  the 
objects  and  subjects  of  taxation  shall 
not  deprive  the  General  Assembly 
of  the  power  to  require  other  ob¬ 
jects  or  subjects  to  be  taxed  in  such 
manner  as  may  be  consistent  with 
the  principles  of  taxation  fixed  in 
this  Constitution. 

Section  2.  The  income  tax  here¬ 
in  authorized  shall  be  levied  and  col¬ 
lected  by  some  State  authority;  all 
income  taxes  collected  from  within 
each  county  shall  be  apportioned  and 
divided  between  the  State  and  the 
county  in  the  same  proportion  as 
the  real  estate  taxes  extended  with¬ 
in  the  county  for  the  same  year  are 
divided  between  the  State  and  the 
county,  and  the  income  tax  so  ap¬ 
portioned  to  any  county  shall  be  ap¬ 
portioned  and  divided  between  the 
county  and  all  the  taxing  authori¬ 
ties  within  the  county,  in  the  same 
proportion  as  all  the  real  estate  taxes 
extended  within  the  county  for  the 
same  year  are  apportioned  and  di¬ 
vided  between  the  county  and  all  the 
taxing  authovities  within  the  county 
for  the  same  year. 


exceed,  (a)  $500  to  a  person  not  the 
head  of  a  family  whose  total  net  in¬ 
come  is  less  than  $1,000,  and  (b) 
$1,000  to  a  person  the  head  of  a 
family  whose  total  net  income  is  less 
than  $2,000;  and  taxes  by  valuation 
paid  on  property  in  this  State  shall 
be  deducted  from  any  tax  on  the  in¬ 
come  derived  from  such  property. 

Taxes  on  privileges,  franchises  and 
occupations  shall  be  uniform  as  to 
classes. 

Taxes  on  the  income  derived  from 
intangible  property  may  be  levied  in 
lieu  of  any  tax  on  such  property  by 
valuation;  but  such  taxes  on  income 
shall  be  uniform  and  substantial  and 
there  shall  be  no  exemptions,  there¬ 
from. 


Section  4.  Taxes  on  income  shall 
be  levied  and  collected  only  by  the 
State;  and  the  proceeds  thereof  in 
each  county  shall  be  apportioned  be¬ 
tween  the  State,  the  county  and  all 
taxing  authorities  within  the  county 
in  the  same  ratio  as  the  proceeds  of 
taxes  on  real  estate  in  such  county 
are  apportioned. 


JOURNAL,  of  tTi:l 


[Sept.  G, 


‘  >  o  /  • 

oob 


Section  3.  The  property  of  the 
State,  counties  and  other  municipal 
corporations,  both  real  and  personal, 
household  furniture  actually  in  use 
as  such  to  the  extent  of  five  hun¬ 
dred  dollars  in  value,  and  such  other 
property  as  may  be  used  exclusively 
for  agricultural  and  horticultural  so¬ 
cieties,  for  incorporated  societies  of 
war  veterans,  for  school,  religious, 
cemetery  and  charitable  purposes,  in¬ 
cluding  parsonages  owned  and  occu¬ 
pied  as  such  by  religious  organiza¬ 
tions  entitled  to  exemptions  under 
this  section,  may  be  exempted  from 
taxation,  but  such  exemptions  shall 
be  only  by  general  law.  In  the  as¬ 
sessment  of  real  estate  incumbered 
by  public  easement  any  depreciation 
occasioned  by  such  easement  may 
be  deducted  in  the  valuation  of  such 
property. 

Section  4.  No  sale  of  real  estate 
for  delinquent  taxes  and  special  as¬ 
sessments  shall  be  made  except  upon 
a  judgment  of  a  court  of  record  af¬ 
ter  notice  to  the  owner  and  not  less 
than  two  years  shall  be  allowed  the 
owner  and  parties  interested,  to  re¬ 
deem  from  the  sale  and  there  shall 
be  no  such  sale  except  on  applica¬ 
tion  of  and  conducted  by  the  county 
treasurer.  But  the  Legislature  may 
provide  for  enforcing  the  lien  of 
such  taxes  or  assessments  by  a  pro¬ 
ceeding  in  the  nature  of  a  foreclos¬ 
ure  in  equity  after  the  period  of  re¬ 
demption  has  expired. 

Section  5.  The  General  Assembly 
shall  have  no  power  to  release  or 
discharge  any  county,  city,  township, 
town  or  district  whatever,  or  the 
inhabitants  thereof,  or  the  property 
therein,  from  their  or  its  proportion¬ 
ate  share  of  taxes  to  be  levied  for 
State  purposes,  nor  shall  commu¬ 
tation  for  such  taxes  be  authorized 
in  any  form  whatsoever. 

Section  6.  The  General  Assembly 
may  vest  the  corporate  authorities 
of  cities,  towns  and  villages  and 
park  districts  with  power  to  make 
local  improvements  by  special  as¬ 
sessment,  or  by  special  taxation  of 
contiguous  property,  or  otherwise. 

Section  7.  The  General  Assembly 
shall  not  impose  taxes  by  valuation 
upon  municipal  corporations  or  the 
inhabitants  thereof  or  the  property 
therein  for  corporate  purposes,  but 


Section  2.  The  following  classes 
of  property  may  be  relieved  from 
taxation  by  general  law:  (1)  Pub¬ 
lic  property;  (2)  household  furniture 
used  as  such  up  to  $500  in  value; 
and  (3)  property  used  exclusively 
for,  (a)  agricultural  or  horticultural 
societies,  (b)  incorporated  societies 
of  war  veterans,  (c)  schools,  (d) 
cemeteries,  and  (e)  charitable  or  re¬ 
ligious  purposes,  including  parson¬ 
ages  owned  and  occupied  as  such. 


Section  5.  No  sale  of  real  estate 
for  delinquent  taxes  or  special  as¬ 
sessments  shall  be  made  except  upon 
a  judgment  of  a  court  of  record  after 
notice  to  the  owner.  The  County 
Treasurer  only  shall  apply  for  such 
judgments  and  conduct  such  sales. 
Not  less  than  two  years  shall  be  al¬ 
lowed  the  owner  and  other  parties 
interested  to  redeem  from  such  sale; 
but  after  such  period  of  redemption 
has  expired  the  lien  of  the  judgment 
may  be  enforced  by  a  proceeding  in 
the"  nature  of  a  foreclosure  in  equity. 


Section  6.  Taxes  levied  for  State 
purposes  shall  never  be  released,  dis¬ 
charged  or  commuted. 


Section  7.  The  General  Assembly 
may  vest  cities,  towns,  villages  and 
park  districts  wuth  power  to  make 
local  improvements  by  special  as¬ 
sessment  or  special  taxation  of  con¬ 
tiguous  property  or  otherwise. 

Section  8.  The  General  Assembly 
shall  not  impose  taxes  by  valuation 
in  municipal  corporations  for  cor¬ 
porate  purposes,  but  such  taxes  shall 
be  imposed  only  by  the  municipal 


1921.] 


CONSTITUTIONAL  CONVENTION. 


>  Q  r 

>o 


all  municipal  corporations  shall  be 
required  to  levy  and  collect  taxes 
(but  not  taxes  upon  income)  for  the 
payment  of  debts  contracted  under 
authority  of  law,  and  shall  be  vested 
with  authority  to  levy  and  collect 
taxes  (but  not  taxes  upon  income) 
for  corporate  purposes,  within  the 
limits  to  be  prescribed  by  law,  con¬ 
sistent  with  the  principles  of  tax¬ 
ation  fixed  in  this  Constitution. 
Private  property  shall  not  be  liable 
to  be  taken  or  sold  for  tin  payment  ! 
of  the  corporate  debts  of  a  munici¬ 
pal  corporation. 

Section  8.  Except  as  otherwise 
provided  in  this  Constitution,  no 
county,  township,  school  district,  or 
other  municipal  corporation  shall 
become  indebted  to  an  amount  in¬ 
cluding  existing  indebtedness  in  the 
aggregate  exceeding  five  (5)  per  cent 
of  the  value  of  the  taxable  property 
within  its  •  limits  as  ascertained  by 
the  last  assessment  for  State  and 
county  taxes,  previous  to  the  incur¬ 
ring  of  such  indebtedness.  Any 
county,  township,  school  district,  or 
municipal  corporation  incurring  in¬ 
debtedness  shall  before  or  at  the 
time  of  doing  so,  provide  for  the 
collection  of  a  direct  annual  tax, 
sufficient  to  pay  the  interest  on  such 
debt  as  it  falls  due  and  also  to  pay 
and  discharge  the  principal  thereof 
in  equal  annual  installments  within 
twenty  (20)  years  from  the  date  of 
contracting  the  same. 

Section  9.  For  the  purposes  (or 
any  one  or  more  of  them)  of  acquir¬ 
ing,  constructing,  owning,  leasing, 
maintaining  and  operating  such  in¬ 
come-producing  properties  as  it  is 
by  law  authorized  to  own  or  oper¬ 
ate  (or  to  own  and  operate)  for  the 
supply  of  transportation,  communi¬ 
cation,  light,  heat,  power,  water  (or 
any  of  them),  the  General  Assem¬ 
bly  may  by  general  law  authorize 
any  city  to  issue  interest-bearing 
bonds,  in  excess  of  any  limitation  of 
indebtedness  otherwise  prescribed  in 
this  Constitution,  to  an  amount  not 
at  any  time  exceeding  in  the  aggre¬ 
gate  fifteen  per  centum  on  the  full 
value  of  the  taxable  real  property 
therein,  to  be  ascertained  by  the 
last  assessment  for  State  and  county 
purposes  previous  to  the  issuance  of 
such  bonds.  Any  city  issuing  such 
bonds  shall,  before  or  at  the  time 
—22  C  J 


corporation.  The  General  Assembly 
however,  shall  require  every  munici¬ 
pal  corporation  to  impose  taxes  by 
valuation  for  the  payment  of  its 
debts;  and  private  property  shall  not 
be  liable  therefor. 


Section  9.  Any  county,  township, 
school  district  or  other  municipal 
corporation  may  become  indebted  in 
the  aggregate,  including  its  existing 
debt,  up  to  five  per  cent  of  the  value 
of  the  taxable  property  therein  as 
ascertained  by  the  last  assessment 
for  State  and  county  taxes  previous 
to  incurring  the  debt.  At  the  time  of 
assuming  any  such  debt  the  corpor¬ 
ate  body  incurring  it  shall  provide  a 
direct  annual  tax  sufficient  to  pay 
the  interest  on  the  debt  and  to  pay 
the  principal  thereof  in  equal  annual 
installments  within  twenty  years. 


Section  10.  Cities  may  be  author¬ 
ized  by  general  law  to  become  in¬ 
debted  (in  addition  to  any  debt  per¬ 
mitted  by  the  previous  section)  up 
bo  fifteen  per  cent  of  the  full  value 
of  the  taxable  real  property  therein 
as  ascertained  by  the  last  assessment 
for  State  and  county  taxes  previous 
to  incurring  the  debt;  but  any  such 
debt  may  be  incurred  only  for  ac¬ 
quiring,  leasing,  constructing  or 
operating  income  producing  property 
for  supplying  transportation,  com¬ 
munication,  light,  heat  power,  or 
water. 

No  such  debt  shall  be  incurred  un¬ 
less  the  proposition  therefor  is  ap¬ 
proved  at  an  election  in  the  city  by 
three-fifths  of  those  voting  on  the 
question. 

At  the  time  of  incurring  any  such 
debt  the  city  shall  provide  a  direct 
annual  tax  sufficient  to  pay  the  in- 


JOURNAL  OF  THE 


[Sept.  G? 


QOO 

ooo 


of  doing  so,  provide  for  the  collec¬ 
tion  of  a  direct  annual  tax  suffi¬ 
cient  to  pay  the  interest  thereon  as 
it  falls  due  and  also  to  pay  and  dis¬ 
charge  the  principal  thereof  within 
thirty  years  from  the  date  thereof. 


Section  10.  Unless  otherwise  pro¬ 
vided  in  the  Act  of  any  city,  author¬ 
izing  the  issuance  of  any  bonds  for 
the  purpose  of  financing  any  income- 
producing  public  utility,  such  bonds 
shall  be  held  to  be  issued  in  excess 
of  the  limitation  prescribed  by  Sec¬ 
tion  8  of  this  Article.  Each  issue 
of  bonds,  or  of  other  securities,  by 
any  city,  for  the  aforesaid  purpose, 
shall  be  payable  in  substantially 


terest  thereon  and  to  pay  the  prin¬ 
cipal  thereof  in  equal  annual  install¬ 
ments  beginning  not  more  than  five 
years  and  ending  not  more  than 
thirty  years  after  the  debt  is  in¬ 
curred. 

The  city  shall  establish  and  main¬ 
tain  such  rates  or  charges  for  the 
service  supplied  by  the  property  for 
which  the  debt  is  incurred,  as  may 
be  necessary  to  provide  at  least  suf¬ 
ficient  revenue  to  pay  (a)  the  prin¬ 
cipal  and  interest  of  the  debt  as  they 
accrue  and  (b)  the  cost  of  operation 
and  maintenance  of  the  property, 
including  reserves,  repairs  and  re¬ 
newals  necessary  to  keep  it  in  first 
class  condition.  Any  tax  payer  of 
the  city  shall  have  the  right  (which 
shall  not  be  exclusive  in  him)  to 
enforce  the  provisions  of  this  para¬ 
graph  by  appropriate  proceedings  in 
the  Circuit  Court  of  the  county. 

At  least  four  months  before  any 
tax  becomes  collectible  for  paying 
the  principal  or  interest  of  any  such 
debt,  the  city  shall  deposit  with  its 
treasurer  out  of  the  gross  earnings 
of  the  property  for  which  the  debt 
was  incurred,  a  sum  equal  (so  far  as 
such  earnings  will  go)  to  the  amount 
required  to  be  raised  by  such  tax. 
The  amount  to  be  collected  by  such 
tax  at  that  time  shall  thereupon  be 
reduced  by  the  amount  of  the  sum 
so  deposited.  Money  so  deposited 
shall  be  used  only  to  pay  such  prin¬ 
cipal  or  interest. 

Any  city  incurring  a  debt  under 
this  section  shall,  in  regard  to  the 
property  for  wiiich  the  debt  was  in¬ 
curred,  conform  to  the  requirements 
for  keeping  accounts  and  for  the 
audit  thereof  and  for  making  reports 
that  may  be  prescribed  by  law  for 
other  persons  or  corporations  own¬ 
ing  or  operating  like  property. 

The  Circuit  Court  of  the  County 
shall  have  jurisdiction  to  regulate 
the  service  supplied  by  any  such  in¬ 
come  producing  property. 

(Combined  with  Section  10.) 


I 


339 


1921.] 


CONSTITUTIONAL  CONVENTION. 


equal  annual  installments  of  prin¬ 
cipal  and  interest  combined,  begin¬ 
ning  not  more  than  five  years  from 
the  date  thereof.  No  such  bonds  or 
other  securities  shall  be  issued  until 
the  proposition  therefor  shall  have 
been  consented  to  by  a  vote  of  three- 
fifths  of  the  legal  voters  of  such  city 
voting  upon  the  question. 

Section  11.  Any  city  issuing 
bonds  in  excess  of  the  limitation  of 
indebtedness  prescribed  by  Section  8 
of  this  Article,  for  the  purpose  o£ 
financing  any  income-producing  pub¬ 
lic  utility,  shall,  not  less  than  four 
months  prior  to  the  time  when  any 
tax  for  the  payment  and  discharge 
of  the  principal  of  and  interest  on 
such  bonds,  or  of  the  principal  of 
and  interest  on  any  other  indebted¬ 
ness  incurred  for  the  _  purpose  of 
financing  the  same  utility,  shall  by 
law  become  collectible,  deposit,  or 
cause  to  be  deposited,  with  the  treas¬ 
urer  thereof,  out  of  the  gross  earn¬ 
ings  of  the  utility  for  the  financing 
of  which  indebtedness  to  be  dis¬ 
charged  by  such  tax  was  incurred,  a 
sum  equivalent  in  amount  to  such 
tax,  the  funds  so  deposited  to  be 
used  solely  for  the  purpose  of  paying 
and  discharging  such  indebtedness, 
both  as  to  principal  and  interest,  as 
the  same  falls  due.  To  the  extent 
that  funds  to  be  used  for  the  pay¬ 
ment  of  any  such  indebtedness,  as  to 
either  principal  or  interest,  shall  be 
deposited  with  the  treasurer  of  any 
such  city  prior  to  the  collection  of 
such  tax,  such  tax  shall  not  be  col¬ 
lected,  but  mo  subsequent  loss  or  mis¬ 
appropriation  of  the  funds  so  de¬ 
posited  shall  relieve  such  city  of  its 
liability  to  pay  such  indebtedness. 
Any  city  owning  or  operating  any 
public  utility  shall  conform  to  all 
requirements  with  respect  to  the 
keeping  of  accounts  and  the  audit 
thereof  and  to  the  making  of  reports 
that  shall  be  prescribed  by  law  with 
respect  to  such  matters  for  any  other 
persons  or  corporations  owning  or 
operating  a  like  utility.  Any  city 
issuing  bonds  in  excess  of  the  limi¬ 
tation  of  indebtedness  prescribed  by 
Section  8  of  this  Article,  for  the  pur¬ 
pose  of  financing  any  income-pro¬ 
ducing  public  utility,  shall  thereafter 
(irrespective  of  the  subsequent  amor¬ 
tization  of  the  debt  evidenced  by 
any  bonds  or  other  securities  what¬ 
soever,  issued  for  the  financing  of 


(Combined  with  Section  10.) 


•  i  ■ 


340 


JOURNAL  OF  THE 


[Sept.  6? 


such  utility)  establish  and  maintain 
such  rates  or  charges  for  the  service 
supplied  as  are  necessary  to  provide 
sufficient  revenue  (in  addition  to 
amounts  required  for  the  payment  of 
the  principal  of  and  interest  on  all 
outstanding  bonded  or  other  indebt¬ 
edness  incurred  for  the  financing  of 
such  utility)  to  pay  and  discharge 
at  least  all  costs  and  expenses  in¬ 
volved  in  or  incidental  to  the  own¬ 
ership,  operation,  and  maintenance 
of  such  utility,  including  expendi¬ 
tures  and  reserves  for  repairs  and 
renewals  necessary  to  maintain  the 
properties  in  first  class  condition  in 
every  respect  at  all  times. 

The  provisions  of  this  section  and 
of  Sections  8,  9  and  10  of  this  Article, 
except  as  otherwise  provided  herein, 
shall  be  self  executing,  but  laws  not 
in  conflict  therewith  may  be  passed 
to  facilitate  their  operation.  Any 
taxpayer  of  any  city  owning  or  oper¬ 
ating  any  such  utility  shall  have  the 
right  to  enforce  all  provisions  of  said 
sections  by  appropriate  proceedings 
in  any  court  of  competent  jurisdic¬ 
tion,  but  the  right  of  such  taxpayer 
with  respect  to  the  enforcement 
thereof  shall  not  be  exclusive.  It 
shall  be  the  duty  of  courts  of  general 
jurisdiction  to  enforce  all  such  pro¬ 
visions  and  for  such  purpose  they 
shall  have  all  necessary  powers,  in¬ 
cluding  the  power  to  control  and 
regulate  the  service  supplied  by  any 
such  utility. 

Section  12.  No  municipal  corpor¬ 
ation  shall  incur  any  debt  for  ac¬ 
quiring,  constructing  or  operating 
any  income-producing  property  for 
the  supply  of  transportation,  com¬ 
munication,  light,  heat,  power,  or 
water,  unless  such  debt  shall  be 
authorized  and  provision  for  the 
payment  thereof  and  interest  there¬ 
on  be  made  as  in  Sections  9,  10  and 
11  of  this  article. 


Section  11.  The  provisions  of  the 
previous  section  (except  the  provis¬ 
ion  authorizing  an  increased  debt 
limit  for  cities)  shall  govern  any 
municipal  corporation  which  here¬ 
after  incurs  a  debt  for  financing  any 
income  producing  property. 


Respectfully  submitted, 

Elam  L.  Clarke,  Chairman. 
Thos.  Rixaker. 

Charles  B.  T.  Moore. 

E.  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H.  Brewster. 
Committee  on  Phraseology  and  Style. 


1921.] 


CONSTITUTIONAL  C  0  X  V  E  X  T 1 0  X . 


341 


IN  RE  PROPOSAL  NO.  378. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  378,  being  a  Proposal 

Entitled  Revenue. 

The  various  sections  of  the  reference  draft,  as  revised,  in  most  re¬ 
spects  speak  for  themselves.  There  are,  however,  a  few  matters  which 
should  be  called  to  the  attention  of  the  Convention  in  order  that  they 
may  not  be  overlooked. 

In  Section  8  of  the  reference  draft  the  phrase  “including  existing 
indebtedness”  comes  from  Section  12,  Article  IX,  of  the  present 
Constitution.  Fiftyr  years  ago  that  phrase  was  sufficient  to  cover  the 
meaning  intended.  Since  that  time,  however,  the  practice  of  organizing 
municipal  corporations,  such  as  park  districts,  drainage  districts,  forest 
preserves,  etc.,  within  the  area  of  existing  counties,  townships  or  cities, 
has  grown  up.  The  question  therefore  arises  as  to  what  debt  limit  is 
permitted  in  such  cases.  Does  each  debt-incurring  body  have  a  five  per 
cent  limit  without  regard  to  the  debt  of  the  county  or  city  in  which  it  is 
organized?  Or  does  the  section  prevent  “overlapping”  of  these  debt 
incurring  bodies?  If  the  latter  is  the  intention  of  the  Convention,  the 
clause  above  quoted  should  be  amplified  to  meet  the  contingency  here 
suggested.  This  may  be  done  by  putting  the  provision  in  some  such 
form  as: 

“*  *  *  including  its  existing  debt  and  the  existing  debt 
of  any  area  lying  wholly  or  partly  within  it  *  * 

Under  the  provisions  of  Section  8  of  the  reference  draft,  any  debt 
which  is  incurred  is  required  to  be  paid  off  “in  equal  annual  installments 
within  twenty  years”.  The  purpose  of  this  provision  is  to  require  a 
systematic  method  for  financing  the  debt.  As  the  provision  is  worded, 
however,  it  might  be  construed  to  prevent  payment  of  the  debt  in  ad¬ 
vance.  Thus  a  city  might  incur  a  debt  and  provide  for  its  payment  in 
“equal  annual  installments”  during  fifteen  years.  At  the  end  of  ten 
years  the  city  might  desire  to  pay  off  the  entire  balance  of  the  debt  then 
due.  In  view  of  the  words  “equal  annual  installments”  this  might  be 
difficult,  because  bond  holders  or  other  persons  interested  could  probably 
insist  on  having  their  bonds  run  for  the  full  period  of  the  loan.  Ac¬ 
cordingly  it  is  suggested  that  a  provision  be  added  to  the  section  which 
would  permit  the  city  to  anticipate  payment  of  any  loan.  Such  a  pro¬ 
vision  might  be  worded  as  follows : 

“But  any  part  of  such  debt  may  be  paid  in  advance.” 

In  Section  9  of  the  reference  draft  the  city  is  required  to  provide 
a  direct  annual  tax  sufficient  to  pay  the  debt  “within  thirty  years  from 
the  date  thereof”.  Here  again  the  question  just  discussed  becomes  perti¬ 
nent.  The  city  should  have  the  right  to  pay  the  debt  in  advance  if  it 
is  to  the  interest  of  the  city  to  do  that.  Accordingly  a  provision  similar 
to  the  one  just  quoted  should  also  be  add^d  to  this  section. 

Sections  9,  10  and  11  of  the  reference  draft  are  all  concerned  with 
a  single  subject-matter,  namely,  limitations  on  a  city  which  proposes  to 
finance  income  producing  property  for  public  utility  purposes.  The 


342 


JOURNAL  OF  TFIE 


[Sept.  6, 


three  sections  of  the  reference  draft  have  accordingly  been  consolidated 
into  a  single  section  in  the  proposal  as  revised. 

Finally  attention  shonld  be  called  to  the  fact  that  these  three  sec¬ 
tions  of  the  reference  draft  provide  a  method  by  which  a  city  may  go 
into  the  business  of  owning  or  operating  public  utilities ;  hut  nowhere 
in  the  three  sections  is  there  any  provision  authorizing  the  city  to  go 
out  of  the  business  in  the  event  it  proves .  unprofitable.  When  bonds 
for  such  a  purpose  have  been  issued  by  any  city,  a  contract  exists  between 
the  bond  holders  and  the  city.  The  right  of  the  city  to  withdraw  from 
the  business  and  turn  it  hack  to  private  management  or  ownership  might 
he  denied,  unless  some  constitutional  provision  specifically  appears 
authorizing  the  city  to  take  such  action.  Accordingly  it  is  suggested 
that  some  provision  like  the  following  be  added  to  this  proposal . 

“Any  such  income  producing  property  may  be  disposed  of  by 

the  city  as  provided  by  law.” 


Report  No.  12. 


YOUR  COMMITTEE  ON  PHRASEOLOGY  AND  STYLE,  TO 
WHICH  WAS  REFERRED  A  PROPOSAL  RELATIVE  TO 
THE  LEGISLATIVE  DEPARTMENT  (INTRODUCTION  NO. 
366.  REFERENCE  NO.  12)  AS  AMENDED  IN  COM¬ 
MITTEE  OF  THE  WHOLE,  RESPECTFULLY  REPORTS 
TH4T  IT  HAS  CONSIDERED  SUCH  PROPOSAL  AND 
HEREWITH  SETS  FORTH  IN  PARALLEL  COLUMNS  SAID 
PROPOSAL  AS  ADOPTED  IN  COMMITTEE  OF  THE 
WHOLE  ON  THE  LEFT,  AND  A  SUBSTITUTE  THERE¬ 
FOR  AS  RECOMMENDED  BY  THIS  COMMITTEE  ON  THE 

RIGHT. 


Resolved,  That  the  following 
tion  of  Illinois: 

Section  1.  The  legislative  power 
shall  be  vested  in  a  General  Assem¬ 
bly,  which  shall  consist  of  a  Senate 
and  House  of  Representatives,  both 
to  be  elected  by  the  people. 

Section  2.  Election.  An  election 
for  members  of  the  General  Assem¬ 
bly  shall  be  held  on  the  Tuesday 
next  after  the  first  Monday  in  No¬ 
vember,  in  the  year  of  our  Lord  one 
thousand  nine  hundred  and  twenty- 
two,  and  every  two  years  thereafter, 
in  each  county,  at  such  places  there¬ 
in  as  may  be  provided  by  law.  When 
vacancies  occur  in  either  House,  the 
Governor,  or  person  exercising  the 
powers  of  the  Governor,  shall  issue 
writs  of  election  to  fill  such  vacan¬ 
cies. 


shall  become  a  part  of  the  Constitu - 


Section  1.  The  legislative  power 
shall  be  vested  in  a  General  Assem¬ 
bly  consisting  of  a  Senate  and  a 
House  of  Representatives. 


Section  2.  Senators  shall  be  elect¬ 
ed  for  terms  of  four  years  and  Rep¬ 
resentatives  for  terms  of  two  years. 
Vacancies  shall  be  filled  by  special 
elections  called  by  the  Governor. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


343 


Eligibility  and  Oath. 

Section  3.  No  person  shall  be  a 
Senator  who  shall  not  have  attained 
the  age  of  twenty-five  years,  or  a 
Representative  who  shall  not  have 
attained  the  age  of  twenty-one  years. 
No  person  shall  be  a  Senator  or  Rep¬ 
resentative  who  shall  not  be  a  citi¬ 
zen  of  the  United  States,  and  who 
shall  not  have  been  for  five  years  a 
resident  of  this  State,  and  for  two 
years  next  preceding  his  election  a 
resident  within  the  territory  form¬ 
ing  the  district  from  which  he  is 
elected.  No  judge  or  clerk  of  any 
court,  Secretary  of  State,  Attorney 
General,  State’s  attorney,  recorder, 
sheriff,  or  collector  of  public  rev¬ 
enue,  member  of  either  House  of 
Congress,  or  person  holding  any  luc¬ 
rative  office  under  the  United  States 
or  this  State,  or  any  foreign  govern¬ 
ment,  shall  have  a  seat  in  the  Gen¬ 
eral  Assembly:  Provided,  that  ap¬ 
pointments  in  the  militia,  and  the 
offices  of  notary  public  and  justice 
of  the  peace,  shall  not  be  considered 
lucrative.  Nor  shall  any  person, 
holding  any  office  of  honor  or  profit, 
under  any  foreign  government,  or 
under  the  government  of  the  United 
States  (except  postmasters  whose 
annual  compensation  does  not  exceed 
the  sum  of  $300),  hold  any  office  of 
honor  or  profit  under  the  authority 
of  this  State. 

Section  4.  No  person  who  has 
been,  or  hereafter  shall  be,  convicted 
of  bribery,  perjury,  or  other  in¬ 
famous  crime,  nor  any  person  who 
has  been  or  may  be  collector  or 
holder  of  public  moneys,  who  shall 
not  have  accounted  for  and  paid 
over,  according  to  law,  all  such 
moneys  due  from  him,  shall  be  eligi¬ 
ble  to  the  General  Assembly,  or  to 
any  office  of  profit  or  trust  in  this 
State. 


Section  5.  Members  of  the  Gen¬ 
eral  Assembly,  before  they  enter 
upon  their  official  duties,  shall  take 
and  subscribe  the  following  oath  or 
affirmation: 

I  do  solemnly  swear  (or  affirm) 
that  I  will  support  the  Constitution 
of  the  United  States,  and  the  Con- 


Section  3.  Senators  shall  be  at 
least  twenty-five  and  Representatives 
at  least  twenty-one  years  of  age.  No 
person  shall  be  a  member  of  the 
General  Assembly  who  holds  any 
other  lucrative  public  office  or  em¬ 
ployment  (except  as  a  militia  offi¬ 
cer,  Justice  of  the  Peace  or  Notary 
Public),  or  is  not  a  citizen  of  the 
United  States,  or  has  not  resided 
for  five  years  in  the  State  and  for 
two  years  next  before  his  election 
in  his  district. 


(The  last  sentence  of  this  Section 
has  been  transferred  to  the  next  Sec¬ 
tion.) 

Section  4.  No  office  in  this  State, 
or  in  any  subdivision  thereof,  or  in 
any  municipal  corporation,  shall  be 
held  by  any  person: 

Who  has  been  convicted  of  bribery, 
perjury  or  other  infamous  crime; 

Who  is  in  default  as  collector  or 
holder  of  public  money;  or 

Who  holds  an  office  under  the 
United  States  government  (except 
postmasters  whose  annual  compen¬ 
sation  does  not  exceed  $300),  or 
under  a  foreign  government. 

(Note:  This  section  should  be 
transferred  to  a  general  article  on 
OFFICERS.) 

Section  5.  Prior  to  entering  upon 
their  duties,  Senators  and  Repre¬ 
sentatives,  in  their  respective  halls, 
shall  take  and  subscribe  the  follow¬ 
ing  oath  before  a  Judge  of  the  Su¬ 
preme  or  the  Circuit  Court: 

I  do  solemnly  swear  (or  affirm) 
that  I  will  support  the  Constitution 


JOURNAL  OF  THE 


|  Sept,  fi, 


344 


stitution  of  the  State  of  Illinois,  and 
will  faithfully  discharge  the  duties 
of  Senator  (or  Representative)  ac¬ 
cording  to  the  best  of  my  ability; 
and  that  I  have  not,  knowingly  or 
intentionally,  paid  or  contributed 
anything,  or  made  anv  promise,  in 
the  nature  of  a  bribe,  to  directly  or 
indirectly  influence  any  vote  at  the 
election  at  which  I  was  chosen  to 
fill  the  said  office,  and  have  not  ac¬ 
cepted,  nor  will  I  accept  or  receive, 
directly  or  indirectly,  any  money  or 
ether  valuable  thing,  from  any  cor¬ 
poration,  company  or  person,  for  any 
vote  or  influence  I  may  give  or  with¬ 
hold  on  any  bill,  resolution  or  appro¬ 
priation,  or  for  any  other  official  act. 

This  oath  shall  be  administered  by 
a  judge  of  the  Supreme  or  Circuit 
Court,  in  the  hall  of  the  House  to 
which  the  member  is  elected,  and 
the  Secretary  of  State  shall  record 
and  file  the  oath  subscribed  by  each 
member.  Any  member  who  shall 
refuse  to  take  the  oath  herein  pre¬ 
scribed,  shall  forfeit  his  office,  and 
every  member  who  shall  be  con¬ 
victed  of  having  sworn  falsely  to  or 
of  violating  his  said  oath,  shall  for¬ 
feit  his  office,  and  be  disqualified 
thereafter  from  holding  any  office  ot 
profit  or  trust  in  this  State. 

Section  6.  The  General  Assembly 
shall  apportion  the  State  every 
twelve  years,  beginning  with  the 
year  one  thousand  nine  hundred  and 
twenty-one,  into  fifty-seven  Sena¬ 
torial  Districts,  each  of  which  shall 
elect  one  Senator  whose  term  of 
office  shall  be  four  years,  and  the 
basis  of  senatorial  apportionment 
shall  be  the  number  of  electors  who 
voted  for  Governor  at  the  last  re¬ 
gular  election  at  which  a  Governor 
was  elected  previous  to  the  appor- 
tionment. 

The  territory  now  constituting  the 
County  of  Cook  shall  be  divided  by 
the  General  Assembly  into  nineteen 
Senatorial  Districts,  and  the  number 
of  such  electors  in  that  territory 
shall  be  divided  by  the  number  nine¬ 
teen  and  the  quotient  shall  be  the 
ratio  of  representation  in  the  Sen¬ 
ate  for  that  territory. 

The  territory  now  constituting  the 
remainder  of  the  State  shall  be 
divided  by  the  General  Assembly  in¬ 
to  thirty-eight  Senatorial  Districts, 


of  the  United  States  and  the  Consti¬ 
tution  of  this  State;  that  I  will  faith¬ 
fully  discharge  the  duties  of  Sen¬ 
ator  (or  Representative)  to  the  best 
of  my  ability;  that  I  have  not  con¬ 
tributed  or  promised  anything  in  the 
nature  of  a  brieb  for  any  vote  at  my. 
election;  and  that  I  have  not  re¬ 
ceived  and  will  not  receive  anything 
of  value  for  my  influence  or  vote  or 
for  any  other  official  act. 

The  Secretary  of  State  shall  file 
the  oaths  as  subscribed. 


(No  change  suggested  at  this  time.) 


1921.] 


CONSTIT  UT  JON  A  I.  COX  YEN  TIO  X. 


O  t  ~ 


and  the  number  of  such  electors  in 
that  territory  shall  be  divided  by  the 
number  thirty-eight  and  the  quotient 
shall  be  the  ratio  of  representation 
in  the  Senate  for  that  territory. 

When  a  county  contains  two  or 
more  ratios  of  its  territory  it  shall 
be  divided  by  the  General  Assembly 
into  as  many  Senatorial  Districts  as 
it  has  such  ratios.  Districts  in 
counties  so  divided  shall  be  bounded 
by  precinct  or  ward  lines;  all  other 
Senatorial  Districts  shall  be  bounded 
by  county  lines. 

All  Senatorial  Districts  shall  be 
formed  of  compact  and  contiguous 
territory,  and  the  districts  in  each 
territory  shall  contain  as  nearly  as 
practicable  an  equal  number  of  such 
electors,  but  in  no  case  less  than 
four-fifths  of  the  ratio  for  that  terri¬ 
tory. 

Senators  shall  be  so  elected  that 
the  term  of  those  now  in  office  shall 
not  be  disturbed.  They  shall  be  di¬ 
vided  into  two  classes  so  that  one- 
half  as  nearly  as  practicable  shall 
be  chosen  biennally. 

Section  7.  The  General  Assembly 
shall  apportion  the  State  every 
twelve  years,  beginning  with  the 
year  one  thousand  nine  hundred  and 
twenty-one,  into  one  hundred  and 
fifty-three  representative  districts, 
each  of  which  shall  elect  one  Repre¬ 
sentative  whose  term  of  office  shall 
be  two  years,  and  the  basis  of  repre¬ 
sentative  apportionment  shall  be  the 
number  of  electors  who  voted  for 
Governor  at  the  last  regular  election 
at  which  a  Governor  was  elected, 
previous  to  the  apportionment. 

Representative  districts  shall  be 
formed  of  contiguous  and  compact 
territory,  bounded  by  county  lines, 
or,  in  the  case  of  counties  entitled 
to  more  than  one  Representative,  by 
precinct  or  ward  lines,  and  shall  con¬ 
tain  as  nearly  as  practicable  an  equal 
number  of  electors;  out  no  district 
shall  contain  less  than  four-fifths  of 
the  representative  ratio. 

Counties  containing  not  less  than 
the  ratio  and  four-fifths  may  be  di¬ 
vided  into  separate  districts  and 
shall  be  entitled  to  two  Representa¬ 
tives,  and  to  one  additional  Repre¬ 
sentative  for  each  number  of  elecs 
tors,  equal  to  the  ratio  contained  by 


(No  change  suggested  at  this  time.) 


% 


JOURNAL  OF  THE 


[Sept.  6, 


346 


such  counties  in  excess  of  twice  the 
number  of  said  ratio. 

The  territory  of  any  county  as 
continued  at  the  time  of  the  adop¬ 
tion  of  this  Constitution  shall  never 
be  entitled  to  more  than  seventy- 
six  Representatives. 

Section  8.  In  case  the  General 
Assembly  fail  to  make  an  apportion* 
ment,  at  its  first  session  following 
the  time  fixed  in  this  Constitution 
for  making  any  such  apportionment, 
it  shall  be  the  duty  of  the  Secretary 
of  State,  Auditor  of  Public  Accounts, 
and  Attorney  General  to  meet  at  the 
office  of  the  Governor  and  make  an 
apportionment  in  accordance  here¬ 
with  within  ninety  days  after  the 
adjournment. 

Time  of  Meeting  and  General 
Rules. 

Section  9.  The  sessions  of  the 
General  Assembly  shall  commence 
at  12  o’clock  noon,  on  the  Wednes¬ 
day  next  after  the  first  Monday  in 
January,  in  the  year  next  ensuing 
the  election  of  members  thereof,  and 
at  no  other  time,  unless  as  provided 
by  this  Constitution.  A  majority  of 
the  members  elected  to  each  House 
shall  constitute  a  quorum.  Each 
House  shall  determine  the  rules  of 
its  proceedings,  and  be  the  judge  of 
the  election,  returns  and  qualifica¬ 
tions  of  its  members;  shall  choose 
its  own  officers;  and  the  Senate  shall 
choose  a  temporary  president  to  pre¬ 
side  when  the  Lieutenant  Governor 
shall  not  attend  as  president  or  shall 
act  as  Governor.  The  Secretary  of 
State  shall  call  the  House  of  Repre> 
sentatives  to  order  at  the  opening 
of  each  new  assembly,  and  preside 
over  it  until  a  temporary  presiding 
officer  thereof  shall  have  been  chosen 
and  shall  have  taken  his  seat.  No 
member  shall  be  expelled  by  either 
House  except  by  a  vote  of  two-thirds 
of  all  the  members  elected  to  that 
House,  and  no  member  shall  be  twice 
expelled  for  the  same  offense.  Each 
House  may  punish,  by  imprisonment, 
any  person  not  a  member,  who  shall 
be  guilty  of  disrespect  to  the  House 
by  disorderly  or  contemptuous  be¬ 
havior  in  its  presence.  But  no  such 
imprisonment  shall  extend  beyond 
twenty-four  hours  at  one  time,  unless 
the  person  shall  persist  in  such  dis¬ 
orderly  or  contemptuous  behavior. 


(No  change  suggested  at  this  time.) 


Section  9.  The  General  Assembly 
shall  convene  at  noon  on  Wednesday 
after  the  first  Monday  in  January 
in  odd  numbered  years.  The  Secre¬ 
tary  of  State  shall  preside  over  the 
House  of  Representatives  until  a 
temporary  presiding  officer  is  chosen, 
who  shall  preside  until  a  Speaker 
is  chosen.  The  Lieutenant  Gover¬ 
nor  shall  preside  over  the  Senate  and 
may  vote  in  case  of  tie.  The  Sen¬ 
ate  shall  choose  a  President  to  pre¬ 
side  during  the  absence  or  pending 
the  impeachment  of  the  Lieutenant 
Governor,  or  while  he  acts  as  Gover¬ 
nor. 

A  majority  of  the  members  elected 
to  each  House  shall  constitute  a 
quorum.  Each  House  shall  deter¬ 
mine  its  rules,  choOse  its  temporary 
and  permanent  officers,  and  judge  the 
election  and  qualification  of  its 
members.  Each  House  may  punish, 
by  imprisonment  not  exceeding 
twenty-four  hours  (unless  the  offense 
is  persisted  in),  any  person  not  a 
member  guilty  of  disorderly  or  con¬ 
temptuous  behavior  in  its  presence; 
and  by  a  two-thirds  vote  of  those 
elected,  and  once  only  for  the  same 
offense,  may  expel  a  member. 

(This  section  incorporates  Section 
18  of  the  EXECUTIVE  ARTICLE.) 


1921.] 


CONSTITUTIONAL  CONVENTION. 


347 


Ref.  No.  9,  Intr.  No.  369. 

A  Proposal  entitled  Executive 
Department. 

Section  18.  The  Lieutenant  Gov¬ 
ernor  shall  be  president  of  the  Sen-  • 
ate,  and  shall  vote  only  when  the 
Senate  is  equally  divided.  The  Sen¬ 
ate  shall  choose  a  president  pro  tem¬ 
pore,  to  preside  in  case  of  the  absence 
or  impeachment  of  the  Lieutenant 
Governor,  or  when  he  shall  hold  the 
office  of  Governor. 

Section  10.  The  doors  of  each 
House,  and  of  Committees  of  the 
Whole,  shall  be  kept  open,  except  in 
such  cases  as,  in  the  opinion  of  the 
House,  require  secrecy.  Neither 
House  shall,  without  the  consent  of 
the  other,  adjourn  for  more  than 
three  days,  or  to  any  other  place 
than  that  in  which  the  two  Houses 
shall  be  sitting.  Each  House  shall 
keep  a  journal  of  its  proceedings, 
which  shall  be  published.  In  the 
Senate,  at  the  request  of  two  mem¬ 
bers,  and  in  the  House  at  the  request 
of  five  members,  the  yeas  and  nays 
shall  be  taken  on  any  question,  and 
entered  upon  the  journal.  Any  two 
members  of  either  house  shall  have 
liberty  to  dissent  from  and  protest, 
in  respectful  language,  against  any 
act  or  resolution  which  they  think 
injurious  to  the  public  or  to  any  in¬ 
dividual,  and  have  the  reasons  of 
their  dissent  entered  upon  the  jour¬ 
nals. 

Style  of  Laws  and  Passage  of  Bills. 

Section  11.  The  style  of  the  laws 
of  this  State  shall  be:  “Be  it  en¬ 
acted  by  the  People  of  the  State  ot 
Illinois,  represented  in  the  General 
Assembly.” 

Section  12.  Bills  may  originate 
in  either  House,  but  may  be  altered, 
amended  or  rejected  by  the  other; 
and  on  the  final  passage  of  all  bills, 
the  vote  shall  be  by  yeas  and  nays, 
upon  each  bill  separately,  and  shall 
be  entered  upon  the  journal;  and  no 
bill  shall  become  a  law  without  the 
concurrence  of  a  majority  of  the 
members  elected  to  each  House. 

Section  13.  Every  bill  shall  be 
read  by  title  on  three  different  days 
in  each  House,  but  the  rules  of  either 
House  may  provide  for  the  reading 
of  bills  at  greater  length  on  second 


(See  Section  9  above.) 


Section  10.  The  doors  of  each 
House  and  of  Committees  of  the 
Whole  shall  be  open,  except  when, 
in  the  opinion  of  the  House,  secrecy 
is  required.  Neither  House,  with¬ 
out  the  consent  of  the  other,  shall 
change  its  place  of  sitting  or  ad¬ 
journ  for  more  than  three  days.  Each 
House  shall  keep  and  publish  a  jour¬ 
nal  of  its  proceedings.  Two  mem¬ 
bers  of  the  Senate  or  five  members 
of  the  House  may  have  the  yeas  and 
nays  taken  on  any  question  and  en¬ 
tered  upon  the  journal.  Two  mem¬ 
bers  of  either  House  may  have  en¬ 
tered  upon  the  journal  in  respectful 
language  the  reasons  for  their  dis¬ 
sent  from  or  protest  against  any  act 
or  resolution. 


Section  11.  The  enacting  clause 
of  laws  shall  be:  Be  it  enacted  by 
the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assem¬ 
bly. 

Section  12.  Bills  may  be  origi¬ 
nated,  amended  or  rejected  in  either 
House.  No  bill  shall  become  law 
unless  on  final  passage  in  each  House 
a  majority  of  the  elected  members 
concur  by  yea  and  nay  vote,  which 
shall  be  taken  separately  on  each 
bill  and  entered  in  the  journals. 


Section  13.  Every  bill  shall  be 
read  by  title  or  at  greater  length 
on  three  different  days  in  each 
House;  shall  be  printed,  with  all 
amendments  except  an  amendment 


JOURNAL  OF  THE 


[Sept.  6. 


o 

O 


48 


or  third  reading.  The  bill  and  all 
amendments  thereto,  except  amend¬ 
ments  striking  out  the  emergency 
clause,  shall  be  printed  before  the 
vote  is  taken  on  its  final  passage; 
and  every  bill,  having  passed  both 
Houses,  shall  be  signed  by  the  pre¬ 
siding  officers  thereof.  No  act  here¬ 
after  passed  shall  embrace  more  than 
one  subject,  and  that  shall  be  ex¬ 
pressed  in  the  title,  but  if  any  sub¬ 
ject  shall  be  embraced  in  an  act 
which  shall  not  be  expressed  in  the 
title,  such  act  shall  be  void  only  as 
to  so  much  thereof  as  shall  not  be 
so  expressed.  No  act  shall  be  re¬ 
vived  by  reference  to  its  title  only. 
Any  act  expressly  purporting  to 
amend  a  section  or  sections  of  an 
earlier  law,  shall  set  forth  at  length 
the  section  or  sections  as  amended. 
Appropriation  Acts  shall  not  take 
effect  until  the  first  day  of  July  next 
after  their  enactment,  nor  other  acts 
until  sixty  days  after  the  adjourn¬ 
ment  of  the  session  of  the  General 
Assembly  at  which  they  are  enacted, 
unless,  in  case  of  emergency  (which 
emergency  shall  be  expressed  in  the 
body  of  the  act),  the  General  As¬ 
sembly  shall,  by  a  vote  of  two-thirds 
of  all  the  members  elected  to  each 
House,  otherwise  direct. 

Privileges  and  Disabilities. 

Section  14.  Senators  and  Repre¬ 
sentatives  shall,  in  all  cases,  except 
treason,  felony  or  breach  of  the 
peace,  be  privileged  from  arrest  dur¬ 
ing  the  session  of  the  General  As¬ 
sembly,  and  in  going  to  and  return¬ 
ing  from  the  same;  and  for  any 
speech  or  debate  in  either  House, 
they  shall  not  be  questioned  in  any 
other  place. 

Section  15.  No  person  elected  to 
the  General  Assembly  shall  receive 
any  civil  appointment  within  this 
State  from  the  Governor,  the  Gover¬ 
nor  and  Senate,  or  from  the  General 
Assembly,  during  the  term  for  which 
he  shall  have  been  elected;  and  all 
such  appointments  and  all  votes 
given  for  any  such  members  for  any 
such  office  or  appointment,  shall  be 
void. 


striking  out  the  emergency  clause, 
before  final  passage;  and  when 
passed  by  both  Houses  shall  be 
signed  by  their  presiding  officers  and 
the  fact  of  signing  entered  upon  the 
journals. 

No  act  hereafter  passed  shall  em¬ 
brace  more  than  one  subject  and 
that  shall  be  expressed  in  the  title; 
but  any  act  embracing  a  subject  not 
expressed  in  the  title  shall  be  void 
only  as  to  such  subject.  No  act  shall 
be  revived  by  reference  to  its  title 
only.  An  act  expressly  amending  an 
act  shall  set  forth  at  length  the  sec¬ 
tion  or  sections  as  amended. 

No  appropriation  act  shall  take 
effect  until  the  first  day  of  July  sue* 
ceeding  its  enactment,  and  no  other 
act  shall  take  effect  until  sixty  days 
after  the  adjournment  of  the  session 
at  which  it  was  enacted;  but  in  case 
of  emergency  (which  shall  be  ex¬ 
pressed  in  the  body  of  the  act),  the 
General  Assembly  may  direct  other¬ 
wise,  by  a  vote  of  two-thirds  of  the 
members  elected  to  each  House. 


Section  14.  Except  for  treason, 
felony  or  breach  of  the  peace,  Sen¬ 
ators  and  Representatives  shall  be 
privileged  from  arrest  while  going 
to,  attending  or  returning  from  ses¬ 
sions  of  the  General  Assembly;  and 
for  any  speech  in  either  House  they 
shall  not  be  questioned  elsewhere. 


Section  15.  No  person  elected  to 
the  General  Assembly  shall  receive 
any  civil  appointment  from  the  Gov¬ 
ernor  during  the  term  for  which  he 
is  elected. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


3-19 


Public  Moneys  and  Appropriations. 

Section  16.  The  General  Assembly 
shall  make  no  appropriation  of 
money  out  of  the  treasury  in  any 
private  law.  Bills  making  appropria¬ 
tions  for  the  pay  of  members,  officers 
and  employes  of  the  General  As¬ 
sembly  shall  contain  no  provision  on 
any  other  subject. 


Section  17.  No  money  shall  be 
drawn  from  the  treasury  except  in 
pursuance  of  an  appropriation  made 
by  law,  and  on  the  presentation  of 
a  warrant  issued  by  the  Auditor 
thereon;  and  no  money  shall  be  di¬ 
verted  from  any  appropriation  made 
for  any  purpose,  or  taken  from  any 
fund  whatever,  either  by  joint  or 
separate  resolution.  The  Auditor 
shall,  within  60  days  after  the  ad¬ 
journment  of  each  session  of  the 
General  Assembly,  prepare  and  pub¬ 
lish  a  full  statement  of  all  money 
expended  at  such  'session,  specifying 
the  amount  of  each  item,  and  to 
whom  and  for  what  paid. 

Section  18.  Each  General  Assem¬ 
bly  shall  provide  for  all  the  appro¬ 
priations  necessary  for  the  ordinary 
and  contingent  expenses  of  the  gov¬ 
ernment  for  the  fiscal  period  begin¬ 
ning  the  first  day  of  July  of  the 
year  in  which  such  General  Assem¬ 
bly  convenes,  and  ending  upon  the 
thirtieth  day  of  June  in  the  second 
year  thereafter,  the  aggregate 
amount  of  which  shall  not  be  in¬ 
creased  without  a  vote  of  two-thirds 
of  the  members  elected  to  each 
house,  nor  exceed  the  amount  of 
revenue  authorized  by  law  to  be 
raised  in  such  time.  All  appropria- 
tions  for  expenditures  in  any  bien¬ 
nial  appropriation  period,  shall  be 
available  only  to  meet  obligations  In. 
curred  before  the  June  30  which  ends 
such  appropriation  period.  The 
General  Assembly,  however,  may 
authorize  the  payment  of  obligations 
incurred  on  or  before  such  June  30 
during  a  three  months  period  fol¬ 
lowing  that  date,  but  shall  have  no 
authority  to  continue  such  appro¬ 
priations  for  any  other  purpose  or 
for  any  longer  period. 

The  State  may,  to  meet  casual  def¬ 
icits  or  failures  in  revenues,  con- 


Section  16.  Appropriation  bills  to 
pay  members,  officers  and  employes 
of  the  Genera]  Assembly  shall  contain 
no  provision  on  any  other  subject. 

The  Auditor  shall  publish  within 
sixty  days  after  the  adjournment  of 
each  session  of  the  General  Assembly 
a  statement  of  the  expenses  of  such 
session  specifying  the  amount  of 
each  item  and  to  whom  and  for  wThat 
paid. 

Section  17.  No  money  shall  be 
drawn  from  the  Treasury  except 
under  an  appropriation  made  by  law 
and  on  presentation  of  a  warrant 
issued  by  the  Auditor. 


Section  18.  Each  General  Assem¬ 
bly  shall  make  appropriations  for 
the  expenses  of  the  government  for 
a  period  of  two  years  from  the  first 
day  of  July  of  the  year  in  which  it 
!  convenes.  After  such  appropriations 
have  been  made  the  aggregate 
amount  thereof  shall  not  be  in- 
i  creased  except  by  a  vote  of  two-thirds 
of  the  members  elected  to  each 
House. 

All  appropriations  for  any  such 
two  year  period  shall  end  with  the 
period,  except  that  obligations  in- 
curred  during  the  period  may  be 
paid  within  three  months  thereafter. 

All  appropriation  bills  shall  be 
itemized  and  shall  specify  the  ob¬ 
jects  and  purposes  for  which  the 
items  are  appropriated. 

Section  isy2.  The  State  may  con¬ 
tract  debts: 

1.  For  meeting  casual  deficits  in 
revenue  up  to  one  million  dollars. 

2.  For  defense  in  war,  for  sup¬ 
pressing  insurrection  or  repelling  in¬ 
vasion. 

3.  For  the  deep  waterway  as  pro¬ 
vided  in  this  Constitution. 

Money  so  borrowed  shajl  be  ap¬ 
plied  only  to  the  purposes  for  which 


350 


JOURNAL  OF  THE 


tract  debts,  never  to  exceed  in  the  | 
aggregate  one  million  dollars;  and 
moneys  thus  borrowed  shall  he  ap¬ 
plied  to  the  purpose  for  which  they 
were  obtained,  or  to  pay  the  debt 
thus  created,  and  to  no  other  pur¬ 
pose;  and  no  other  debt,  except  for 
the  purpose  of  repelling  invasion, 
suppressing  insurrection,  or  defend¬ 
ing  the  State  in  war  (for  payment 
of  which  the  faith  of  the  State  shall 
be  pledged),  shall  be  contracted,  un¬ 
less  the  law  authorizing  the  same 
shall,  at  a  general  election,  have 
been  submitted  to  the  people  and 
have  received  a  majority  of  the  total 
number  of  votes  cast  at  such  elec¬ 
tion.  The  General  Assembly  shall 
provide  for  the  publication  of  said 
law  for  three  months,  at  least,  be¬ 
fore  the  vote  of  the  people  shall  be 
taken  upon  the  same;  and  provision 
shall  be  made,  at  the  time,  for  the 
payment  of  the  interest  annually, 
as  it  shall  accrue,  by  a  tax  levied 
for  the  purpose,  or  from  other 
sources  of  revenue;  which  law,  pro¬ 
viding  for  the  payment  of  such  in¬ 
terest  by  such  tax,  shall  be  irrepeal- 
able  until  such  debt  be  paid:  Pro¬ 
vided,  that  the  law  levying  the  tax 
shall  be  submitted  to  the  people  with 
the  law  authorizing  the  debt  to  be 
contracted. 

Section  19.  The  General  Assembly 
shall  never  grant  or  authorize  extra 
compensation,  fee  or  allowance  to 
any  public  officer,  agent,  servant,  or 
contractor,  after  service  has  been 
rendered  or  a  contract  made,  nor 
authorize  the  payment  of  any  claim, 
or  part  thereof,  hereafter  created 
against  the  State  under  any  agree¬ 
ment  or  contract  made  without  ex¬ 
press  authority  of  law;  and  all  such 
unauthorized  agreements  or  contracts 
shall  be  null  and  void:  Provided, 
the  General  Assembly  may  make  ap¬ 
propriations  for  expenditures  in¬ 
curred  in  suppressing  insurrection 
or  repelling  invasion. 

Section  20.  The  State  shall  never 
pay,  assume  or  become  responsible 
for  the  debts  or  liabilities  of,  or  hi 
any  manner  give,  loan  or  extend  its 
credit  to,  or  in  aid  of,  any  public  or 
other  corporation,  association  or  in¬ 
dividual. 


it  is  obtained  or  for  the  payment  of 
the  debts  thus  created. 

No  other  debt  shall  be  contracted 
by  the  State  unless  the  law  author¬ 
izing  it  is  approved  by  a  majority 
of  those  voting  at  a  general  election. 
Any  such  law  shall  be  published  for 
at  least  three  months  before  the  elec¬ 
tion.  Provision  shall  be  made  when 
the  debt  is  contracted  for  the  an¬ 
nual  payment  of  interest  either  by 
a  tax  to  be  levied  for  the  purpose 
or  by  setting  aside  other  revenues. 
Any  law  providing  for  such  tax  shall 
be  submitted  to  the  people  with  the 
law  authorizing  the  debt,  and  if  ap¬ 
proved  shall  be  irrepealable  until  the 
debt  is  paid. 


Section  19.  No  extra  compensa 
tion  or  allowance  shall  be  given  by 
law  to  any  public  officer,  employe 
or  contractor  after  service  has  been 
rendered  or  contract  made.  Claims 
against  the  State  under  agreements 
made  without  express  authority  of 
|  law  shall  be  void,  except  claims  for 
expense  incurred  for  defense  in  wTar, 
1  for  suppressing  insurrection  or  re¬ 
pelling  invasion. 


Section  20.  Except  as  otherwise 
provided  in  this  Constitution,  the 
money  or  credit  of  the  State  shall 
never  be  used  in  aid  of  any  public 
or  private  corporation,  association 
or  individual. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


351 


Pay  of  Members. 

Section  21.  Until  otherwise  pre¬ 
scribed  by  law,  the  members  of  the 
General  Assemoly  shall  receive  such 
compensation  and  mileage  as  are 
now  paid.  No  change  shall  be  made 
in  the  compensation  or  mileage  of 
members  of  the  General  Assembly 
during  the  term  for  which  they  may 
have  been  elected,  and  no  member 
shall  receive  any  other  allowance  or 
emolument,  directly  or  indirectly, 
for  any  purpose  whatever.  The  pay 
and  mileage  allowed  to  each  member 
of  the  General  Assembly  shall  be 
certified  by  the  presiding  officers  of 
their  respective  houses  and  entered 
on  the  journals,  and  published  at  the 
close  of  each  session. 


Section  22.  The  General  Assembly 
shall  not  pass  local  or  special  laws 
in  any  of  the  following  enumerated 
cases,  that  is  to  say:  for — 

Granting  divorces; 

Changing  the  names  of  persons  or 
places; 

Laying  out,  opening,  altering  and 
working  roads  or  highways; 

Vacating  roads,  town  plats,  streets, 
alleys  and  public  grounds; 

Locating  or  changing  county 'seats; 

Regulating  county  and  township 
affairs; 

Regulating  the  practice  in  courts 
of  justice; 

Regulating  the  jurisdiction  and 
duties  of  justices  of  the  peace,  police 
magistrates  and  constables; 

Providing  for  changes  of  venue  in 
civil  and  criminal  cases; 

Incorporating  cities,  towns  or  vil¬ 
lages,  or  changing  or  amending  the 
charter  of  any  town,  city  or  village; 

Providing  for  the  election  of  mem¬ 
bers  of  the  board  of  supervisors  in 
townships,  incorporated  towns  or 
cities; 

Summoning  and  impaneling  grand 
or  petit  juries; 

Providing  for  the  management  of 
common  schools; 

Regulating  the  rate  of  interest  on 
money; 

The  opening  and-  conducting  of  any 
election,  or  designating  the  place  of 

voting; 


Section  21.  The  pay  and  mileage 
allowed  each  Senator  and  Represent¬ 
ative  shall  be  certified  by  the  pre¬ 
siding  officers  of  their  respective 
Houses  and  published  in  the  jour¬ 
nals;  and  no  Senator  or  Represent¬ 
ative  shall  receive  any  other  com¬ 
pensation  or  allowance. 

Section  21  y2.  No  public  officer 
shall  have  his  compensation  in¬ 
creased  or  diminished  during  his 
term. 

(Note:  This  is  suggested  as  a 
section  in  the  Article  on  OFFICERS, 
as  a  substitute  for  the  following  pro¬ 
visions  in  the  present  Constitution: 

Last  part  of  Section  21,  Article  IV. 

Part  of  Section  23,  Article  V. 

Section  7,  Article  VI. 

Section  16,  Article  VI. 

Section  25,  Article  VI. 

Section  11,  Article  IX. 

Section  10,  Article  X.) 

Section  22.  No  local  or  special 
law  shall: 

Grant  divorces; 

Change  the  names  of  persons  and 
places; 

Provide  for  opening,  altering  or 
working  public  highways; 

Vacate  highways,  public  grounds, 
or  town  plats. 

Regulate  county  or  township  af¬ 
fairs; 

Regulate  the  organization,  juris¬ 
diction,  powers,  proceedings,  prac¬ 
tice,  process,  judgments  or  decrees 
of  courts  of  the  same  class  or  grade; 

Incorporate  cities,  towns  or  vil¬ 
lages  or  amend  their  charters; 

Provide  for  summoning  or  impanel¬ 
ing  juries; 

Provide  for  the  management  of 
common  schools; 

Regulate  interest  rates; 

Regulate  elections  or  designate 
places  of  voting; 

Regulate  the  sale  or  mortgage  of 
real  estate  of  persons  under  disabil¬ 
ity; 

Protect  game  or  fish,  unless  by 
reasonable  classification  of  waters; 

Authorize  ferries  or  toll  bridges: 

Remit  fines,  penalties  or  forfeit¬ 
ures; 

Change  the  law  of  descent; 

Grant  the  right  to  lay  down  rail¬ 
road  tracks;  or 

Grant  any  special  or  exclusive 
privilege,  immunity  or  franchise. 


JOURNAL  OF  TIIE 


The  sale  or  mortgage  of  real  estate 
belonging  to  minors'  or  others  under 
disability; 

The  protection  of  game  or  fish; 
but  reasonable  classification  of 
waters  may  be  made; 

Chartering  or  licensing  ferries  or 
toll  bridges; 

Remitting  fines,  penalties  or  for¬ 
feitures; 

Creating,  increasing  or  decreasing 
fees,  percentages  or  allowances  of 
public  officers,  during  the  term  for 
which  said  officers  are  elected  or 
appointed; 

Changing  the  law  of  descent: 

Granting  to  any  corporation,  as¬ 

sociation  or  individual  the  right  to 
lay  down  railroad  tracks,  or  amend¬ 
ing  existing  charters  for  such  pur¬ 
pose: 

Granting  to  any  corporation,  as¬ 

sociation  or  individual  any  special 
or  exclusive  privilege,  immunity  or 
franchise  whatever. 

In  all  other  cases  where  a  general 
law  can  be  made  applicable,  no 

special  law  shall  be  enacted. 

Section  23.  The  General  Assembly 
shall  have  no  power  to  release  or 
extinguish,  in  whole  or  in  part,  the 
indebtedness,  liability  or  obligation 
of  any  corporation  or  individual  to 
this  State,  or  to  any  political  divi¬ 
sion  thereof,  or  to  any  municipal 
corporation  therein:  Provided,  how¬ 
ever,  that  the  General  Assembly 
shall  have  power  to  enact  statutes  of 
limitation  barring  all  actions  on  any 
such  indebtedness,  liability  or  obli¬ 
gation  after  the  lapse  of  twenty  years 
next  after  the  cause  of  action  shall 
have  accrued:  Provided,  also,  that 
any  such  statute  of  limitation  shall 
require  an  official  audit  before  the 
statute  begins  to  run  in  the  case  of 
a  public  officer. 

Section  24.  The  General  Assembly 
may,  by  joint  resolution,  approved 
on  roll  call  by  a  majority  of  the 
members  elected  to  each  branch 
thereof,  designate  or  appoint  any 
committee,  for  the  purpose  of  holding 
and  conducting  hearings  and  investi¬ 
gations  or  conducting  any  legislative 
business,  the  rights,  duties,  powers 
and  functions  of  such  committee 
shall  not  cease,  end  and  determine 
with  and  upon  the  sine  die  adjourn¬ 
ment  of  the  General  Assembly  so 


Nor  shall  any  special  law  be  passed 
where  a  general  law  can  be  made 
applicable. 


Section  23.  No  liability  due  the 
State  or  any  subdivision  thereof,  or 
any  municipal  corporation,  shall 
ever  be  released  or  extinguished 
by  law;  but  statutes  of  limitation, 
requiring  an  official  audit  before  be¬ 
ginning  to  run  in  favor  of  a  public 
officer,  may  bar  action  on  any  such 
liability  after  twenty  years. 


Section  24.  By  joint  resolution 
concurred  in  on  roll  call  by  a  ma¬ 
jority  of  the  members  elected  to  each 
House,  the  General  Assembly  may 
authorize  committees  to  continue 
after  its  sine  die  adjournment  and 
until  the  next  regular  session  con* 
venes. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


I 


353 


appointing  or  designating  such  com¬ 
mittee,  but  shall  continue  in  force, 
effect  and  operation  until  the  work 
and  object  of  such  committee  shall 
be  completed:  Provided,  however, 
that  the  life  and  existence  of  such 
committee  shall  not  extend  into  and 
beyond  the  next  following  biennial 
session  of  the  General  Assembly. 

Section  25.  The  House  of  Repre¬ 
sentatives  shall  have  the  sole  power 
of  impeachment;  but  a  majority  of 
all  the  members  elected  must  concur 
therein.  All  impeachments  shall  be 
tried  by  the  Senate;  and  when  sitt¬ 
ing  for  that  purpose,  the  Senators 
shall  be  upon  oath,  or  affirmation, 
bo  do  justice  according  to  law  and 
evidence.  When  the  Governor  of  the 
State  is  tried,  the  chief  justice  shall 
preside.  No  person  shall  be  con¬ 
victed  without  the  concurrence  of 
two-thirds  of  the  Senators  elected. 
But  judgment,  in  such  cases,  shall 
not  extend  further  than  removal 
from  office,  and  disqualification  to 
hold  any  office  of  honor,  profit  or 
trust  under  the  government  of  this 
State.  The  party,  wether  convicted 
or  acquitted,  shall,  nevertheless,  be 
liable  to  prosecution,  trial,  judgment 
and  punishment  according  to  law. 


Miscellaneous. 

Section  26.  No  member  of  the 
General  Assembly  shall  be  inter¬ 
ested,  either  directly  or  indirectly, 
in  any  contract  with  the  State,  or 
any  political  division  thereof  or 
municipal  corporation  therein  au¬ 
thorized  by  any  law  during  the  term 
for  which  he  shall  have  been  elected, 
or  within  one  year  after  the  ex¬ 
piration  thereof.  No  other  officer  of 
this  State  shall  be  interested,  either 
directly  or  indirectly,  in  any  con¬ 
tract  entered  into  by  the  State;  and 
no  officer  of  any  municipal  corpora¬ 
tion,  county,  town  or  other  officer, 
board  or  commission  shall  be  inter¬ 
ested,  directly  or  indirectly,  in  any 
contract  entered  into  by  such  bodies. 


Section  25.  The  Governor  and  all 
civil  officers  of  the  State  shall  be 
liable  to  impeachment  for  misde¬ 
meanor  in  office.  The  House  of 
Representatives  shall  have  the  sole 
power  of  impeachment,  but  a  major¬ 
ity  of  its  elected  members  must  con¬ 
cur  therein.  All  impeachments  shall 
be  tried  by  the  Senate,  each  Senator 
being  upon  oath  or  affirmation  to  do 
justice  according  bo  the  law  and  the 
evidence.  When  the  Governor  is 
tried  the  chief  justice  shall  preside. 
No  person  shall  be  convicted  with¬ 
out  the  concurrence  of  two-thirds  of 
the  Senators  elected.  Judgment  in 
case  of  impeachment  shall  not  ex¬ 
tend  beyond  removal  from  office  and 
disqualification  for  any  office  under 
the  State;  but  the  party  impeached, 
whether  convicted  or  acquitted,  shall 
be  liable  to  prosecution  according  to 
law. 

(Note:  The  first  sentence  of  this 
section  is  taken  from  Section  15, 
Article  V,  without  change.) 

Section  26.  No  member  of  the 
General  Assembly  shall  be  benefi¬ 
cially  interested  directly  or  indirect¬ 
ly  in  any  contract  with  the  State  or 
any  subdivision  thereof,  or  any  mu¬ 
nicipal  corporation,  authorized  by 
law  during  his  term  or  within  one 
year  after  his  term  expires. 

No  other  officer  of  this  State  shall 
be  beneficially  interested  directly  or 
indirectly  in  any  contract  with  the 
State. 

No  officer  of  any  subdivision  of  the 
State  or  of  any  municipal  corpor¬ 
ation  or  of  any  board  or  commission 
shall  be  beneficially  interested  direct¬ 
ly  or  indirectly  in  any  contract  with 
the  particular  body  of  which  he  is 
an  officer. 

(Note:  The  last  two  paragraphs 
of  Section  26  should  be  transferred 
to  a  general  article  on  OFFICERS.) 


-23  C  J 


354 


JOURNAL 

Section  27.  The  General  Assembly 
shall  have  no  power  to  authorize 
lotteries  or  gift  enterprises  for  any 
purpose,  and  shall  pass  laws  to  pro¬ 
hibit  the  sale  of  lottery  or  gift  enter¬ 
prise  tickets  in  this  State. 

Section  28.  No  law  shall  be  passed 
which  shall  operate  to  extend  the 
term  of  any  public  officer  after  his 
election  or  appointment. 

Section  29.  The  General  Assembly 
may  provide  for  the  establishing  and 
opening  roads  and  cartways,  con¬ 
nected  with  a  public  road,  for  pri- 
ate  and  public  use. 


Section  30.  The  General  Assembly 
may  pass  laws:  (1)  Permitting  the 
owners  and  lessees  of  lands  and  of 
minerals  to  construct  drains,  ditches, 
and  levees  upon  or  across  the  lands 
of  others  for  agricultural,  sanitary 
and  mining  purposes;  (2)  providing 
for  the  organization  «of  drainage  dis¬ 
tricts  and  investing  their  corporate 
authorities  with  powers  of  eminent 
domain,  and  special  assessment,  and 
with  such  other  appropriate  powers 
as  the  Geneal  Assembly  may  deem 
necessary,  for  the  development,  con¬ 
struction  and  maintenance  of  flood 
control,  irrigation  and  of  drainage 
for  sanitary,  agricultural,  and  min¬ 
ing  purposes;  and  (3)  may  provide 
for  the  development,  construction, 
and  maintenance  of  such  projects  in 
whole  by  such  drainage  districts  or 
for  the  purpose  of  making  surveys 
and  straightening  and  improving 
water  courses  in  part  at  the  expense 
of  such  drainage  districts  and  in 
part  by  the  State  or  any  political 
subdivision  thereof. 


OF  THE  [Sept.  G. 

Section  27.  Lotteries  and  gift 
enterprises  are  forbidden. 


Section  28.  The  term  of  any  pub¬ 
lic  officer  shall  not  be  extended  by 
law  after  his  election  or  appoint¬ 
ment. 

Section  29.  The  General  Assembly 
may  provide  for: 

Opening  private  roads  to  communi¬ 
cate  with  public  roads; 

Permitting  owners  and  lessees  of 
lands  and  minerals  to  construct 
drains,  ditches  and  levees  upon, 
across  or  under  the  lands  of  others 
for  agricultural,  sanitary  and  mining 
purposes;  and 

Organizing  drainage  districts  hav¬ 
ing  powers  of  eminent  domain  and 
special  assessment  for  flood  control 
or  for  sanitary  or  agricultural  pur¬ 
poses,  the  expense  of  such  districts  to 
be  paid  for  in  whole  or  part  by  the 
State  or  by  the  district. 

This  section  shall  not  be  construed 
as  a  limitation  of  the  powers  of  the 
General  Assembly. 

(Combined  with  Section  29  above.) 


1921.] 


CONSTITUTIONAL  CONVENTION. 


355 


The  authority  given  for  the  ac¬ 
complishment  of  the  purposes  set 
forth  in  this  section  shall  not  de¬ 
prive  the  General  Assembly  of  the 
power  to  provide  other  means  for 
the  accomplishment  thereof. 

Section  31.  The  General  Assembly 
shall  pass  liberal  homestead  and 
exemption  laws. 

Section  32.  Whenever  any  death, 
disability  or  retirement  fund  shall 
have  been  or  shall  be  created  by  law, 
and  a  part  of  the  compensation  of 
a  public  officer  or  employe  is  re¬ 
quired  to  be  deferred  and  contributed 
thereto,  as  the  whole  or  as  a  part 
thereof,  such  public  officer  or  em¬ 
ploye  or  his  beneficiary  may  have 
a  vested  interest  therein  as  may  be 
provided  by  law,  but  such  interest 
shall  attach  only  to  the  fund  accu¬ 
mulated,  and  shall  impose  no  obli¬ 
gation  upon  the  State  to  create  or 
maintain  such  fund. 

Ref.  18,  Intr.  No.  355. 

A  Proposal  to  authorize  legislation 
for  the  conservation  of  forests  and 
provide  for  the  taxation  of  forest 
lands. 

The  General  Assembly  shall  pass 
laws  for  the  encouragement  of  fores¬ 
try,  and  may  classify  for  taxation 
areas  devoted  to  forests  and  forest 
culture. 


Section  30.  (No  change  suggest¬ 
ed.) 

Section  32.  Any  public  officer  or 
employe,  or  his  beneficiary,  may  be 
given  by  law  a  vested  interest  in  the 
accumulated  portion  of  any  death, 
disability  or  retirement  fund  to 
which  he  is  required  by  law  to  con¬ 
tribute  a  part  of  his  compensation; 
but  such  interest  shall  impose  no 
obligation  on  the  State  or  any  sub¬ 
division  thereof,  or  any  municipal 
corporation  in  regard  to  the  fund 
accumulated. 


Section  31.  The  General  Assembly 
shall  pass  laws  to  encourage  forestry. 
Areas  devoted  to  forests  or  forest 
culture  may  be  classified  for  tax¬ 
ation. 

(Note:  The  foregoing  is  Refer¬ 
ence  Proposal  No.  18 — the  FORES¬ 
TRY  Proposal — which  properly  be¬ 
longs  in  the  Legislative  Article.) 


Ref.  21,  Intr.  No.  382. 

A  Proposal  relative  to  Amendments 
to  the  Federal  Constitution. 

Whenever  the  Congress  of  the 
United  States  shall  by  appropriate 
resolution,  propose  an  amendment 
to  the  Federal  Constitution,  such 
resolution  shall  be  filed  and  remain 
in  the  office  of  the  Governor  until 
after  the  members  of  the  next  Gen¬ 
eral  Assembly  shall  have  been  elec¬ 
ted. 

When  pursuant  to  law  and  this 
election,  the  General  Assembly  shall 
have  been  organized,  the  Governor 
shall  present  such  resolution  and 
proposed  amendment  for  consider¬ 
ation. 


Section  33.  No  General  Assembly 
or  Convention  shall  act  upon  any 
proposed  amendment  to  the  Consti¬ 
tution  of  the  United  States  unless 
such  General  Assembly  or  Conven¬ 
tion  is  elected  after  the  amendment 
is  submitted  for  ratification. 

(Note:  The  foregoing  is  Refer¬ 
ence  Proposal  No.  21 — Amendments 
to  the  Federal  Constitution — which 
properly  belongs  in  the  Legislative 
Article.) 


Respectfully  submitted, 

Elam  L.  Clarke,  Chairman. 
Thos.  Rinakeb. 

Charles  B.  T.  Moore. 

E.  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H.  Brewster. 
Committee  on  Phraseology  ancl  Style. 


356 


JOURNAL  OF  THE 


[Sept.  6, 


IN  RE  PROPOSAL  NO.  366. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  366,  being  a  Proposal 
Relative  to  The  LEGISLATIVE  DEPARTMENT. 

Section  1.  Xo  change  lias  been  made  in  this  section  except  to  con¬ 
dense  the  sentence  and  omit  the  last  clause,  which  is  obviously  needless- 
since  the  point  is  covered  in  the  next  section. 

Section  2.  If  this  section  is  analvzed  it  will  be  found  to  contain 

t/ 

three  ideas : 

1.  It  fixes  the  date  for  election  of  members  of  the  General 

Assembly. 

2.  It  requires  an  election  every  two  years  in  even  numbered 

years. 

3.  It  provides  for  filling  vacancies. 

The  proposed  article  on  Suffrage  and  Elections  establishes  a  single 
election  in  each  year  and  fixes  the  date  of  the  election;  accordingly  the 
first  of  the  above  provisions  is  no  longer  necessary  and  it  has  been 
dropped. 

Section  9  of  this  article  requires  the  General  Assembly  to  convene 
in  odd  numbered  years.  The  section  here  under  consideration  as  re¬ 
vised  fixes  the  length  of  terms  of  Senators  and  Representatives.  Xew 
members  therefore  will  automatically  be  elected  to  succeed  those  whose 
terms  expire,  and  the  election  will  necessarily  take  place  in  the  previous 
Xovember.  Accordingly  the  provision  as  to  the  year  for  holding  the 
election  for  members  of  the  General  Assemblv  becomes  unnecessary  and 

«/  %j 

it  has  been  omitted. 

The  third  provision,  as  to  vacancies,  has  been  condensed  but  its 
meaning  has  not  been  changed.  The  word  “vacancies”  taken  in  its  con¬ 
text  obviously  includes  vacancies  in  “either  house,”  and  a  statement  to 
that  effect  is  not  necessary.  The  election  here  concerned  is  a  “special” 
election  and  it  should  be  so  characterized.  The  phrase  “issue  writs  of 
election”  means  no  more  than  “call  an  election.”  Accordingly  the  latter 
language  has  been  used,  since  it  is  simpler  and  more  direct.  The  words 
“or  person  exercising  the  powers  of  the  Governor”  are  obviously  unneces¬ 
sary  and  have  been  dropped;  throughout  the  Constitution  the  duties 
imposed  on  the  Governor  automatically  devolve  upon  the  person  who 
acts  as  governor,  without  a  statement  to  that  effect  being  made. 

The  provisions  regulating  terms  of  office  of  Senators  and  Repre¬ 
sentatives  found  in  Sections  6  and  7  respectively  of  this  article  belong 
logically  in  this  section  and  have  been  inserted  in  it.  In  the  Executive 
Article  and  in  the  Judiciary  Article  the  particular  section  which  pro¬ 
vides  for  election  of  officers  also  prescribes  the  length  of  their  terms. 
The  same  arrangement  should  be  adopted  in  this  article. 

As  thus  revised  the  section  contains  everything  expressed  by  the 
reference  draft  which  is  necessary  to  be  stated. 

Section  3.  This  section  contains  four  limitations  affecting  mem¬ 
bers  of  the  General  Assembly : 


1921.] 


CONSTITUTIONAL  CONVENTION. 


351 


1.  Tliev  must  have  reached  a  certain  age. 

2.  They  may  not  hold  any  other  lucrative  public  office,  with 

certain  exceptions. 

3.  They  must  be  citizens  of  the  United  States. 

4.  They  must  have  certain  qualifications  as  to  residence. 

These  four  limitations  have  been  rewritten  in  less  than  half  the 

number  of  words  of  the  reference  draft.  This  reduction  has  been  se¬ 
cured  by  using  general  and  inclusive  terms  instead  of  enumerating  the 
particular  things  excluded.  The  change  suggested  is  in  accordance  with 
the  fundamental  rules  of  legislative  drafting  when  an  inclusive  result 
is  desired.  The  section  as  thus  revised  will  be  found. to  contain  every 
idea  expressed  in  the  reference  draft  without  change  of  meaning. 

The  last  sentence  of  the  reference  draft  is  applicable  to  all  officers 
in  the  State,  including  members  of  the  General  Assembly.  The  sen¬ 
tence  has  accordingly  been  transferred  to  the  next  section  and  is  dis¬ 
cussed  there. 

Section  -4.  This  section  in  the  reference  draft  is  taken  without 
change  from  the  present  Constitution.  In  1870  the  form  of  the  section 
was  radically  changed  from  that  found  in  the  Constitution  of  1848. 

The  section  has  no  logical  place  in  the  Legislative  Article  since  it 
affects  all  officers  in  the  State  as  well  as  members  of  the  General  As¬ 
sembly.  The  same  thing  may  be  said  of  the  last  sentence  of  the  previous 
section;  the  two  provisions  belong  together  and  have  been  consolidated. 
The  entire  section  as  revised  should  be  transferred  to  some  other  part 
of  the  Constitution,  preferably  to  an  article  on  “Officers.” 

As  revised,  the  section  contains  three  main  ideas,  each  of  which  has 
been  expressed  in  a  separate  paragraph  for  purposes  of  clarity  and  force. 

In  the  Constitution  of  1870  the  provision  as  to  public  moneys  is 
repeated  in  Section  11  of  the  Revenue  Article,  where,  however,  the  pro¬ 
vision  concerns  only  “municipal  corporations.”  In  the  proposed  Reve¬ 
nue  Article  this  latter  provision  has  been  dropped,  no  doubt  because  it 
was  considered  as  fully  covered  by  this  section.  Upon  principle  all  three 
of  the  disqualifications  for  office  here  concerned  should  apply  to  all  offices 
in  the  State,  including  offices  in  cities,  counties,  townships,  etc.  As  re¬ 
vised,  the  section  obviously  covers  all  such  offices,  as  well  as  State  offices. 

Section  5.  The  Debates  of  the  Convention  of  1870  contain  a 
lengthy  discussion  as  to  the  form  of  oath  to  be  administered  to  members 
of  the  General  Assembly.  (Debates,  pages  564  to  572.)  Those  Debates 
show  that  the  Convention  was  trying  to  strike  at  certain  evils  which  had 
persisted  prior  to  1870,  but  it  is  generally  conceded  now  that  the  section 
has  failed  to  do  what  its  advocates  contended  it  would  accomplish.  The 
history  of  the  section  during  the  fifty  years  it  has  been  in  the  Consti¬ 
tution  shows  that  its  provisions  have  rarely,  if  ever,  been  invoked;  at 
least  there  is  no  construction  of  the  section  by  any  court,  and  so  far  as 
your  committee  has  been  able  to  discover,  no  person  was  ever  proceeded 
against  under  its  provisions.  In  Section  25  of  Article  Y  of  the  present 
Constitution  there  appears  a  short  form  of  oath  which  is  required  of  all 
officers  of  the  State  “except  members  of  the  General  Assembly  and  such 
inferior  officers  as  may  be  by  law  exempted.”  In  the  Constitution  of 


358 


JOUKNAL  OF  THE 


[Sept.  6, 


1848  the  Governor  was  required  to  take  a  special  form  of  oath  (Article 
IV,  Section  6)  ;  all  other  officers,  including  members  of  the  General  As¬ 
sembly,  were  required  to  take  a  uniform  oath  of  office.  While  it  is  true 
that  a  number  of  the  existing  State  constitutions  contain  a  special  form 
of  oath  for  members  of  the  General  Assembly,  yet  it  is  equally  true  that 
all  of  the  more  recently  adopted  constitutions  put  members  of  the  Gen¬ 
eral  Assembly  on  the  same  basis  as  other  officers  so  far  as  the  form  of 
their  oath  of  office  is  concerned.  Thus  in  Massachusetts  a  “Rearrange¬ 
ment  of  the  Constitution”  was  adopted  in  1919,  which  consolidated 
several  collateral  provisions  regarding  oaths  of  office  existing  in  the  old 
Constitution  and  its  Amendments.  A  single  form  of  oath  is  required 
for  members  of  the  General  Court  of  the  State  as  well  as  all  other  offi¬ 
cers.  (Article  149.)  The  proposed  new  Constitution  for  Pennsylvania 
contains  a  uniform  oath  for  all  officers  of  the  State,  including  members 
of  the  General  Assembly;  and  the  form  of  oath  is  radically  condensed 
from  that  found  in  the  present  Constitution  of  that  State.  (Article 
VII,  Section  4.)  Accordingly  your  Committee  recommends  that  Sec¬ 
tion  5  of  this  article  be  dropped  from  the  Constitution,  and  that  mem¬ 
bers  of  the  General  Assembly  be  required  to  take  the  form  of  oath  pre¬ 
scribed  in  Section  25  of  Article  V. 

But  if  the  Convention  should  nevertheless  decide  to  retain  this  sec¬ 
tion,  the  revised  and  shortened  form  of  oath  here  given  contains  every 
idea  expressed  in  the  reference  draft. 

Section  6.  No  change  suggested. 

Section  7.  No  change  suggested. 

Section  8.  No  change  suggested. 

Section  9.  This  section  of  the  reference  draft  is  taken  without 
change  from  the  present  Constitution.  In  1870  the  form  and  substance 
of  the  section  were  radically  changed  from  what  had  previously  existed 
in  the  Constitution  of  the  State. 

The  section  as  it  appears  in  the  reference  draft  contains  provisions 
affecting  two  separate  subject  matters : 

1.  It  regulates  the  time  of  meeting  and  organization  of  the 

two  Houses. 

2.  It  lays  down  certain  rules  and  regulations  under  which 

the  two  Houses  are  to  operate. 

The  arrangement  of  the  section  in  the  reference  draft  from  the 
point  of  view  of  logic  is  not  good.  The  second  and  third  sentences  of 
the  section  concern  themselves  with  matters  arising  after  the  Houses 
have  been  organized,  while  the  provision  for  organizing  the  Houses  is 
expressed  later  on  in  the  section.  Moreover  the  provision  requiring  the 
Senate  to  choose  a  temporary  president  is  attached  as  a  clause  to  another 
sentence,  the  main  idea  of  which  is  concerned  with  the  power  of  the 
Houses  over  their  proceedings  and  the  qualifications  of  their  members. 
The  order  and  arrangement  of  the  section  has  therefore  been  made  more 
logical  and  the  two  main  ideas  of  the  section  have  been  made  more  dis¬ 
tinct  by  dividing  the  section  into  two  paragraphs.  The  first  paragraph 
concerns  itself  with  the  provisions  affecting  No.  1  above,  while  the  second 
paragraph  is  concerned  with  the  provisions  affecting  No.  2  above. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


359 


The  first  sentence  of  the  reference  draft,  fixing  the  hour,  the  clay 
and  the  month  when  sessions  shall  begin,  has  been  recast  to  state  more 
directly  the  matter  involved.  The  sentence  has  been  thereby  consider¬ 
ably  reduced  in  length  without  change  in  meaning. 

It  will  be  noted  that  the  reference  draft  requires  the  election  of  a 
‘Temporary  president”  for  the  Senate,  to  preside  when  the  Lieutenant 
Governor  is  absent.  The  election  of  a  “Speaker”  however,  is  not  re¬ 
quired  by  the  section  and  that  officer  is  not  even  mentioned,  although 
the  Speaker  is  mentioned  in  other  sections  of  the  Constitution,  as  for 
example,  in  Section  19  of  Article  V,  providing  for  succession  to  the 
office  of  Governor.  As  revised,  the  section  expressly  requires  a  “Speaker” 
to  be  elected. 

The  last  three  sentences  of  the  reference  draft  concern  themselves 
with  the  powers  of  discipline  of  the  two  Houses  over  their  members  and 
over  persons  who  are  not  members.  These  provisions  have  been  con¬ 
solidated  into  a  single  sentence,  thereby  effecting  a  considerable  saving 
in  words  without  change  in  meaning. 

Section  10.  No  change  in  substance  has  been  made  in  this  session. 
The  sentence  structure  of  the  section  as  revised  remains  the  same  as  in 
the  reference  draft,  but  each  sentence  has  been  somewhat  shortened.  In 
the  last  sentence  of  the  section,  if  members  may  have  the  “reasons  for 
their  dissent  entered  upon  the  journal”  it  is  obvious  that  the  members 
may  dissent,  and  the  statement  to  that  effect  is  unnecessary. 

Section  11.  This  section  has  appeared  without  change  since  its 
adoption  in  the  Constitution  of  1818.  The  word  “style”  is  really  used 
in  the  sense  of  “enacting  clause”;  this  is  obvious  from  the  context  of  the 
section.  This  usage  of  the  word  was  common  one  hundred  years  ago 
in  this  specialized  sense,  although  there  is  seemingly  no  justification  for 
such  use  of  the  word  in  any  dictionary  or  law  book.  The  use  of  the 
word  “style”  seems  to  have  been  copied  in  this  State  from  the  Constitu¬ 
tion  of  Connecticut,  which  was  also  adopted  in  the  year  1818,  forming 
a  model  for  many  provisions  of  the  first  Constitution  of  Illinois.  The 
Constitution  of  Maine,  adopted  in  the  year  1819,  uses  the  word  “style” 
in  the  same  sense,  and  many  state  constitutions  have  followed  the  exam¬ 
ple  of  the  earlier  states  in  this  regard.  However,  the  constitutions  of 
some  of  the  later  states,  particularly  New  York  (Article  III,  Section 
14),  have  used  the  more  definite  term  “enacting  clause.”  This  is  the 
term  under  which  the  section  in  question  is  generally  indexed.  (See 
Index  Digest  of  State  Constitutions,  New  York  Constitutional  Conven¬ 
tion  1915,  page  832.)  In  accordance  with  the  modern  tendency  the 
words  “enacting  clause”  have  therefore  been  submitted  for  the  word 
“style.” 

The  words  “this  State”  have  been  dropped,  since  it  is  obvious  the 
provision  relates  to  the  laws  of  this  State  and  cannot  affect  the  laws  of 

any  other  state. 

Section  12.  This  section  contains  two  provisions:  ' 

1.  It  guarantees  the  equality  of  the  Houses  as  to  originating, 

amending  or  rejecting  bills. 

2.  It  prescribes  certain  requirements  for  the  passage  of  bills. 


360 


JOURNAL  OF  THE 


[Sept.  6. 


The  first  provision  has  been  redrafted  into  a  separate  sentence  since 
it  logically  belongs  in  that  form.  The  word  “altered”  has  been  dropped 
as  redundant,  its  meaning  being  fnily  covered  by  the  word  “amended.” 

The  second  part  of  the  section  contains  four  requirements  which 
must  be  complied  with  before  bills  may  become  law : 

a.  A  vote  by  yea  and  nay  must  be  taken  in  each  House. 

b.  A  majority  elected  to  each  House  must  concur  in  the  vote. 

c.  The  vote  in  each  House  must  be  entered  upon  the  journal 

of  that  House. 

d.  The  vote  in  each  House  must  be  taken  separately  upon 

each  bill. 

In  the  reference  draft  the  phrase  “each  House”  appears  at  the  end 
of  the  section,  and  if  properly  construed  would  modify  only  the  pro¬ 
vision  as  to  majority  vote.  This  is  not  in  accordance  with  the  context 
of  the  section  nor  in  accordance  with  the  rules  of  constitutional  law. 
In  the  section  as  revised  the  words  “each  House”  are  made  to  rnodifv 
each  one  of  the  four  requirements  enumerated  above.  This  part  of  the 
section  has  been  further  revised  in  order  to  shorten  it  and  to  make  the 
sequence  of  its  ideas  more  logical. 

Section  13.  This  section,  if  analyzed,  will  be  found  to  contain  three 
three  main  ideas : 

1.  The  provisions  as  to  reading,  printing  and  signing  of  bills. 

2.  The  provisions  as  to  the  subject-matter  of  bills  and  the 

manner  of  their  expression. 

3.  The  provision  as  to  when  'bills  shall  take  effect. 

Each  of  these  ideas  has  been  expressed  in  a  separate  paragraph 
for  obvious  grammatical  and  rhetorical  reasons.  The  section  is  thereby 
simplified  and  the  relation  of  its  various  parts  one  to  the  other  made 
clearer. 

The  first  paragraph  as  revised  expresses  the  three  requirements  as 
to  “reading,”  “printing”  and  “signing”  in  chronological  order  and  gives 
them  equal  importance. 

The  reference  draft  is  changed  in  two  respects  from  the  Constitu¬ 
tion  of  1870. 

First :  The  provision  “by  title  *  *  *,  but  the  rules  of  either 
House  may  provide  for  the  reading  of  bills  at  greater  length  on  second 
or  third  reading,”  has  been  added.  This  amendment  has  been  expressed 
in  the  section  as  revised  by  the  words  “by  title  or  at  greater  length.” 
In  the  shorter  form  full  effect  is  given  to  the  amendment  as  intended 
bv  the  Committee  of  the  Whole. 

Second :  The  words  “except  amendments  striking  out  the  emerg¬ 
ency  clause”'  were  also  added  as  an  amendment  by  the  Committee  of  the 
Whole.  Xo  change  has  been  made  in  this  language  except  to  use  the 
word  “amendment”  in  the  singular  instead  of  the  plural;  obviously 
there  will  be  only  one  amendment  in  this  connection  for  each  bill. 

The  provision  as  to  “signing”  of  bills  is  obscure  because  it  does 
not  indicate  how  such  signing  is  to  be  proved.  Certain  members  of  the 
Convention  who  are  familiar  with  the  procedure  in  the  General  Assembly 
have  called  this  fact  to  the  attention  of  your  committee.  Thus  it  may 


1921.] 


CONSTITUTIONAL  CONVENTION. 


361 


be  asked:  Is  signing  a  jurisdictional  matter  which  must  appear  from 
the  journals  ?  Or  may  it  be  proved  only  by  the  physical  signature  on  the 
bills  themselves  ?  Or  may  it  be  proved  by  other  evidence  ?  _  Many  of  the 
more  modern  constitutions  provide  specifically  that  the  journals  must 
show  the  fact  of  signing.  (See  Constitutions  as  follows:  Alabama, 
Article  IV,  Section  66;  Colorado,  Article  V,  Section  26;  Kentucky, 
Section  56 ;  Louisiana,  Section  41 ;  Mississippi,  Article  IV,  Section  59 ; 
North  Dakota,  Article  II,  Section  66;  Pennsylvania,  Article  III,  Sec¬ 
tion  9;  South  Dakota,  Article  III,  Section  19;  Tennessee,  Article  II, 
Section  18;  Texas,  Article  III,  Section  38;  Utah,  Article  VI,  Section 
24;  Virginia,  Article  IV,  Section  50;  Wyoming,  Article  III,  Section 
28.)  The  proposed  new  Constitution  for  Pennsylvania  covers  the  point 
by  a  provision  as  follows :  ’‘The  fact  of  signing  shall  be  entered  on  the 
journal V  In  order  to  secure  greater  clarity  on  this  point,  and  to  bring 
the  Constitution  of  this  State  in  line  with  the  modern  provisions  in 
other  states,  the  clause  “and  the  fact  of  signing  entered  upon  the  jour¬ 
nals''’  has  been  added  to  the  first  paragraph. 

The  second  paragraph  of  the  section  as  revised  appears  in  substan¬ 
tially  the  same  form  as  in  the  reference  draft.  The  three  sentences  of 
the  reference  draft  are  retained,  but  the  last  part  of  the  first  sentence 
as  to  the  portion  of  a  bill  which  shall  be  void — has  been  recast  in  a 
shorter  and  clearer  form.  The  sentence  of  the  reference  draft  beginning 
“Any  act  expressly  purporting  to  amend,”  etc.,  was  adopted  by  the 
Committee  of  the  Whole  for  the  purpose  of  amplifying  the  provision 
found  in  the  present  Constitution  on  the  point  in  question.  As  revised, 
the  word  “purporting”  has  been  dropped  from  the  sentence,  since  this 
word  does  not  help  the  meaning  untended  to  be  conveyed.  This  sentence 
also  has  been  somewhat  recast  and  shortened  for  the  purpose  of  making 
it  clearer  and  at  the  same  time  more  comprehensive. 

The  third  paragraph  of  the  section  as  revised  incorporates  the  last 
sentence  of  the  reference  draft  without  material  change.  The  provision, 
however,  has  been  somewdiat  condensed  and  rephrased  for  purposes  of 
clarity.  The  word  “but”  has  been  substituted  for  the  less  vigorous  word 
“unless.”  The  use  of  the  relative  pronoun  “which”  as  an  adjective 
(“which  emergency”)  is  condemned  by  grammarians.  The  pronoun 
alone  is  sufficient.  The  use  of  the  word  “otherwise  ’  so  near  the  end 
of  the  sentence  is  unfortunate;  in  the  provision  as  revised  this  word  has 
been  placed  nearer  the  idea  which  it  modifies. 

Section  1J+.  No  changes  except  rhetorical  and  grammatical  ones 
have  been  made  in  this  section. 

In  the  reference  draft  the  verb  “shall  *  *  *  be  privileged  ’  is 
split  apart  and  its  parts  separated  by  two  subsidiary  clauses,  a  usage 
generally  condemned  by  grammarians.  (See  previous  reports  of  this 
committee.)  This  defect  has  been  corrected. 

The  exception  in  the  first  part  of  the  section  in  the  reference  draft 
is  embedded  in  the  middle  of  the  sentence.  Clearness  of  expression  re¬ 
quires  an  exception  to  be  put  either  before  or  after  the  idea  which  it 
modifies,  not  in  the  middle  of  the  idea  itself. 


JOURNAL  OR  THE 


[Sept.  6, 


362 


In  the  second  part  of  the  section  the  word  “debate”  is  redundant; 
it  is  included  within  the  meaning  of  the  word  “speech,”  and  has  there¬ 
fore  been  dropped. 

The  word  “elsewhere”  has  been  substituted  for  the  phrase  “in  any 
other  place.” 

Section  15.  The  purpose  of  this  section  is  to  forbid  the  appoint¬ 
ment  of  members  of  the  General  Assembly  to  any  other  office.  The 
section  is  intended  to  prevent  members  of  the  General  Assembly  from 
being  rewarded  for  their  legislative  action  or  influence,  and  to  prevent 
persons  elected  to  the  General  Assembly  from  being  induced  to  withdraw 
from  it  either  before  or  after  the  General  Assembly  convenes,  by  the 
offer  of  political  preferment.  The  provision  comes  practically  without 
change  from  the  Constitution  of  1848.  The  purpose  of  the  section,  how¬ 
ever,  so  far  as  the  General  Assembly  is  concerned,  is  duplicated  by 
Section  10  of  Article  Y  of  the  Constitution;  that  section  forbids  the 
General  Assembly  to  appoint  any  person  to  office,  including  its  own 
members.  As  Section  10  of  Article  Y  has  been  revised  the  prohibition 
is  effective  against  either  the  “Senate”  or  the  “House  of  Bepresenta- 
tives,”  as  well  as  the  General  Assembly.  Accordingly  this  section  amounts 
only  to  a  prohibition  against  the  Governor  so  far  as  appointment  of 
members  of  the  General  Assembly  is  concerned,  and  it  has  been  revised 
on  that  basis. 

The  tense  of  the  second  verb  “elected”  has  been  changed  from  the 
future  perfect  to  the  present  tense  to  conform  to  the  rules  of  legislative 
drafting.  (See  Willard,  “Legislative  Handbook,”  Section  354.) 

The  last  clause  of  the  reference  draft  is  needless,  since  the  pro¬ 
vision  is  self  executing  without  it.  If  appointments  are  specifically 
forbidden  by  the  Constitution  there  is  no  occasion  to  say  such  appoint¬ 
ments  “shall  be  void” — they  are  ipso  facto  void.  Accordingly  this 
clause  of  the  section  has  been  dropped. 

Section  16.  The  first  sentence  of  this  section  in  the  reference  draft 
forbids  appropriations  of  money  by  “any  private  law.”  This  sentence 
appeared  in  the  Constitution  for  the  first  time  in  1870.  No  other  State 
Constitution  contains  a  like  provision  except  Texas  (Article  XYI,  Sec¬ 
tion  6),  where  the  provision  reads,  “No  appropriations  for  private  or 
individual  purposes  shall  be  made.”  When  the  Convention  of  1870  was 
considering  this  provision  a  motion  to  substitute  the  words  “special  law” 
for  “private  law”  was  made,  on  the  ground  that  the  two  terms  were 
synonymous,  but  the  motion  failed.  (Debates  1870,  pages  642,  643.) 
The  term  “special  law”  appears  in  Section  22  of  this  article ;  it  is  a  term 
frequently  used  in  state  constitutions  and  is  well  understood  in  con¬ 
stitutional  law.  The  term  “private  law”  does  not  appear  elsewhere  in 
the  Constitution  of  this  State  and  is  an  unusual  term  in  constitutional 
law.  The  sentence  under  consideration  has  been  construed  only  once  by 
the  Supreme  Court  of  this  State,  and  then  in  a  way  that  is  not  helpful. 
In  the  case  of  Fergus  v.  Russell ,  277  Ill.  20  (1917),  the  court  had  under 
consideration  a  number  of  bills  which  appropriated  money  to  private 
individuals,  where  no  claims  had  been  filed  with  the  Court  of  Claims 
and  where  no  judgments  against  the  State  had  been  secured.  The  bills 


1921.] 


CONSTITUTIONAL  CONVENTION. 


363 


were  attacked  on  the  ground  that  they  were  invalid  under  this  provision, 
as  it  was  contended  they  amounted  to  appropriations  made  by  e'  private 
laws.”  The  Supreme  Court,  however,  sustained  the  appropriations  on 
the  ground  that  they  were  not  private  laws,  and  said: 

“The  meaning  of  the  provision  That  the  General  Assembly 
shall  make  no  appropriation  of  money  out  of  the  treasury  in  any 
private  law’  we  do  not  understand  to  be  that  no  appropriation  can 
be  made  to  a  private  person  or  individual,  but  it  means  that  no 
appropriation  for  any  purpose  shall  be  made  out  of  the  treasury  in 
any  private  law.” 

If  the  appropriations  involved  in  Fergus  v.  Russel  are  not  appro¬ 
priations  made  under  a  “private  law”  it  is  difficult  to  understand  what 
is  meant  by  that  term.  Certainly  the  result  is — under  the  decision  of 
the  Supreme  Court— that  the  provision  is  practically  meaningless ;  in 
any  event  it  fails  to  prevent  the  very  thing  intended,  that  is,  appropria¬ 
tions  to  private  persons. 

This  provision,  however,  has  been  duplicated  by  a  new  provision 
introduced  into  the  Revenue  Article  by  the  Committee  of  the  A  hole. 
In  Section  1  of  that  article  there  appears  the  sentence,  “Taxes  shall  be 
levied  and  collected  under  the  general  law  and  for  public  purposes  only. 
This  latter  provision  effectively  forbids  the  use  of  public  money  for 
private  purposes,  and  the  General  Assembly  therefore  is  prohibited  by 
this  latter  section  from  appropriating  money  by  any  “private  law.” 
Accordingly  the  sentence  under  consideration  has  been  dropped. 

The  rest  of  the  section  in  the  reference  draft  has  not  been  changed 
except  to  shorten  it. 

The  paragraph  added  to  the  section  as  revised,  concerning  reports 
of  the  Auditor,  is  discussed  in  the  next  section.  , 

Section  17.  This  section  contains  two  distinct  ideas: 

1.  It  governs  the  method  of  drawing  money  from  the  treasury. 

2.  It  provides  for  reports  to  be  made  by  the  Auditor. 

The  first  idea  is  stated  in  a  double  form:  (a)  Money  must  be 
drawn  out  of  the  treasury  under  “an  appropriation  made  by  law,”  and 
(b)  no  money  may  be  drawn  out  of  the  treasury  by  “joint  or  separate 
resolution.”  Section  13  of  this  article  regulates  the  passage  of  “Jaws” 
and  automatically  excludes  from  that  category  resolutions  either  joint  or 
separate.  Therefore  if  the  word  “law”  in  the  first  part  of  this  provision 
is  given  its  proper  meaning,  it  is  unnecessary  to  add  the  second  part 
of  the  provision.  Indeed  the  presence  of  the  clause  referring  to  a  “joint 
or  separate  resolution”  implies  that  the  word  “law”  is  used  in  a  special¬ 
ized  sense,  and  that  result  is  not  intended. 

This  provision  comes  from  Section  9  of  Article  I  of  the  Constitu¬ 
tion  of  the  United  States,  where  the  provision  reads,  “No  money  shall 
be  drawn  from  the  treasury  but  in  consequence  of  appropriations  mado 
by  law.”  A  provision  similar  to  that  in  the  Federal  Constitution  is 
found  in  all  state  constitutions  except  in  those  of  a  few  of  the  New 
England  states.  The  provision  appeared  in  the  above  form  in  tlie  Con¬ 
stitutions  of  this  State  of  1818  and  1848  and  in  the  rejected  Constitu¬ 
tion  of  1862.  The  double  form  of  the  provision  first  appeared  in  the 


364 


JOURNAL  OF  TILE 


[Sept.  6. 


Constitution  of  1870,  and  no  other  State  except  Maryland  has  followed 
the  example  of  Illinois.  Accordingly  the  provision  as  to  “ joint  or  sepa¬ 
rate  resolution”  has  been  dropped. 

The  second  part  of  the  section  affecting  reports  of  the  Auditor  has 
given  your  Committee  some  difficulty.  Two  separate  constructions  of 
this  provision  are  open : 

a.  Shall  the  “statement”  include  moneys  expended  by  all 
branches  of  the  Government  as  the  result  of  the  session  of  the  Gen¬ 
eral  Assembly? 

D.  Shall  the  “statement”  include  only  moneys  expended  by 
the  General  Assembly  for  its  purposes? 

From  the  wording  of  the  provision  itself  no  one  can  say  definitely 
which  of  these  constructions  was  intended.  In  order  to  make  the  point 
clear  your  Committee  communicated  with  the  Auditor  and  asked  for 
the  construction  placed  by  that  department  on  this  provision.  The 
following  is  the  Auditor’s  reply : 

Springfield,  October  30,  1920. 

Hon.  Charles  H.  Hamill, 

Chicago  Law  Institute,  Chicago. 

Dear  Sir  :  Deferring  to  your  letter  of  the  29th  relative  to  the 
requirement  that  the  Auditor  shall  publish  a  statement  of  expenses 
of  the  General  Assembly,  the  construction  placed  upon  this  by  this 
office  for  all  time  back  since  its  requirement,  is  that  it  shall  be  a 
statement  of  the  amounts  expended  by  the  General  Assembly  at  the 
session  just  previously  held. 

I  am  sending  you  under  separate  cover  copies  of  all  the  avail¬ 
able  reports  at  this  time. 

•  Yours  very  truly, 

(Signed)  Andrew  Kussel, 

Auditor  of  Public  Accounts. 

This  letter  (as  well  as  the  reports  of  the  Auditor  for  a  long  time 
past,  which  are  in  accordance  with  the  construction  given  in  the  latter) 
shows  that  the  latter  of  the  two  constructions  above  indicated  has  be¬ 
come  established  by  half  a  century  of  settled  practice.  In  view  of  this 
construction  the  provision  obviously  belongs  in  the  previous  section,  and 
it  has  accordingly  been  incorporated  in  that  section  as  revised. 

The  provision  under  discussion  has  been  somewhat  reduced  in  length 
by  the  exclusion  of  superfluous  words,  but  its  meaning  remains  un¬ 
changed. 

Section  18.  This  section  is  obviously  concerned  with  two  distinct 
subject  matters,  (1)  appropriations  made  by  the  General  Assembly,  and 
(2)  the  debt  of  the  State.  In  the  reference  draft  these  two  matters 
appear  as  separate  paragraphs,  but  because  of  their  essentially  different 
nature  the  two  paragraphs  have  been  recast  into  separate  sections. 

The  first  paragraph  of  the  reference  draft  is  substantially  the  same 
as  the  corresponding  provision  in  the  present  Constitution,  but  the  Com¬ 
mittee  of  the  Whole  has  added  certain  amendments  as  follows: 

A.  The  provision  as  to  the  two  year  or  “fiscal”  appropriation 
period  is  made  more  definite. 


1921.] 


CONSTITUTION’ AL  CONVENTION. 


365 


B.  The  appropriation  period  is  made  to  begin  on  a  precise 
date  by  day  and  month  instead  of  being  measured  by  the  loose 
method  used  in  the  present  Constitution. 

C.  An  express  provision  has  been  inserted  permitting  obliga¬ 
tions  incurred  during  the  appropriation  period  to  be  paid  within 
three  months  after  the  period  expires. 

If  the  paragraph  as  thus  amended  is  analyzed  it  will  be  found  to 
contain  the  following  ideas : 

1.  A  mandate  on  the  General  Assembly  to  provide  for  the 
expenses  of  the  Government  for  a  certain  period. 

2.  A  provision  fixing  that  period. 

3.  A  provision  requiring  two-thirds  vote  to  increase  appro¬ 
priations  once  made. 

4.  A  provision  limiting  the  amount  of  appropriations  to  the 
amount  of  revenue  “authorized  by  law  to  be  raised  in  such  timed’ 

5.  A  provision  as  to  the  “lapsing”  of  appropriations  at  the 
end  of  the  appropriation  period. 

6.  An  exception  to  the  last  provision  allowing  three  months 
further  time  for  certain  obligations. 

The  first  provision  of  the  section  as  above  indicated,  being  a  man¬ 
date  on  the  General  Assembly,  has  never  been  construed  by  the  Supreme 
Court.  The  provision  has  been  touched  upon  in  T Vhittemore  v.  The 
People ,  227  Ill.,  453  (1907),  but  in  a  case  that  did  not  affect  the  Gen¬ 
eral  Assembly.  The  purpose  of  this  provision  has,  however,  been  dis¬ 
cussed  by  the  Attorney  General  in  the  folllowing  language : 

“The  object  of  the  Constitutional  provision  requiring  biennial 
appropriations  for  the  support  of  the  Government  is  to  render  all 
departments  of  the  State  Government  dependent  upon  the  will  of 
the  people  as  expressed  by  its  representatives  and  to  require  the 
return  to  the  source  of  power  every  two  years  for  the  necessary 
means  of  existence.”  (“Opinions  of  the  Attorney  General,”  1912, 
page  1018.) 

The  Debates  of  the  Convention  of  1870  show  that  the  provision  here 
in  question  was  adopted  upon  the  assumption  that  the  General  Assembly 
would  finish  its  work  and  adjourn  within  the  first  quarter  of  the  year. 
(Debates  1870,  page  540.)  The  “first  fiscal  quarter  after  adjournment” 
would  therefore  end  July  1st  of  the  year  in  question  and  appropriations 
would  be  made  accordingly  from  July  1st  to  July  1st  of  every  other 
year.  As  a  matter  of  fact,  the  General  Assembly  for  a  great  many  years 
has  continued  its  sessions  into  the  second  quarter  of  the  year,  and 
accordingly  the  “first  fiscal  quarter  after  adjournment  ’  ends  October 
1st  instead  of  July  1st.  This  explanation  shows  the  obvious  wisdom  of 
fixing  the  appropriation  period  by  precise  date,  rather  than  by  reference 
to  the  time  of  adjournment  of  the  General  Assembly. 

In  this  provision  as  revised,  the  phrase  “ordinary  and  contingent 
expenses  of  the  Government”  has  been  shortened  to  “expenses  of  the 
Government.”  It  will  be  obvious  that  the  latter  phrase  includes  the 
former.  The  use  of  specific  terms  by  way  of  enumeration  where  a  gen- 


JOURNAL  OF  THE 


[Sept.  "6,  . 


366 

eral  and  inclusive  result  is  intended,  is  a  fundamental  error  in  legisla¬ 
tive  drafting.  (Willard,  “Legislative  Hand  Book,”  Section  312.) 

•  The  word  “fiscal’'  as  used  in  the  reference  draft  is  taken  over  from 
a  somewhat  similar  use  of  that  word  in  this  section  in  the  present  Con¬ 
stitution,  where  the  word  appears  twice  in  the  same  sentence.  But  the 
term  “fiscal  quarter,”  which  appears  there,  .has  been  changed  in  the 
reference  draft  to  “fiscal  period.”  The  “period”  is  precisely  and  defi¬ 
nitely  fixed  by  other  words  in  the  reference  draft  and  nothing  is  added 
by  the  use  of  the  word  “fiscal.”  Accordingly  this  word  has  been  dropped. 

The  second  provision  above  is  stated  in  the  reference  draft  in  a  way 
which  fixes  the  “beginning”  and  the  “end”  of  the  “period.”  It  has  been 
condensed  in  the  section  as  revised  by  omitting  the  part  of  the  provision 
as  to  when  the  period  shall  “end.”  If  the  length  of  the  period  is  fixed 
at  two  years  and  the  beginning  of  the  period  is  fixed  at  July  1st,  it  is 
unnecessary  to  state  when  the  period  ends. 

The  third  provision  above  indicated  concerns  the  vote  required  to 
increase  the  “aggregate  amount”  of  appropriations  once  made.  This 
provision  in  the  reference  draft  is  in  the  same  form  in  which  it  appears 
in  the  present  Constitution.  The  meaning  of  the  provision  is  somewhat 
obscure,  because  it  cannot  be  said  whether  the  “increase”  meant  is  an 
increase  during  the  process  of  passing  the  appropriation  hill  or  an  in¬ 
crease  made  after  the  appropriation  bill  has  become  law.  Under  the 
established  legislative  practice  the  latter  of  these  two  constructions  has 
been  adopted.  (See  for  example,  “Veto  Messages”,  1911-12,  page  34.) 
However,  in  order  to  make  the  point  entirely  clear  the  provision  has  been 
recast  to  read  “after  such  appropriations  have  been  made”,  etc.  Other¬ 
wise  the  provision  has  not  been  changed. 

The  fourth  provision  above  indicated  contains  a  limitation  that 
appropriations  shall  not  “exceed  the  amount  of  revenue  authorized  by 
law  to  be  raised  in  such  time”.  This  provision  comes  without  change 
from  the  Constitution  of  1848.  The  provision  therefore  had  its  origin 
nearly  three-quarters  of  a  century  ago  and  was  devised  as  suitable  to  the 
financial  and  economic  conditions  of  the  State  existing  at  that  time. 
The  revenue  of  the  State  in  1848,  and  even  at  the  adoption  of  the  Con¬ 
stitution  of  1870,  was  derived  almost  entirely  from  direct  taxes  on  real 
and  personal  property.  The  “amount  of  revenue”  which  would  be  raised 
in  any  two  };ear  period  was  a  fairly  constant  quantity  and  could  easily 
be  computed  in  advance.  The  provision  in  question  was  therefore 
readily  applied  and  was  no  doubt  a  desirable  limitation.  But  under 
modern  conditions  a  totally  different  situation  is  presented.  In  the  first 
place,  the  revenue  of  the  State  is  largely  made  up  of  special  taxes  and 
licenses  which  were  unheard  of  when  this  provision  was  adopted;  as  for 
example,  automobile  taxes,  inheritance  taxes,  and  corporation  fees.  In 
the  second  place,  the  amount  of  these  taxes  changes  rapidly  with  chang¬ 
ing  conditions,  so  that  it  is  no  longer  practicable  to  forecast  in  advance 
the  revenue  to  be  raised  by  them.  In  the  third  place,  a  vast  increase 
has  taken  place  in  the  amount  of  appropriations.  Thus,  in  the  year 
1873-74  the  total  amount  of  appropriations  was  $6,648,187.  Over 
against  this  figure  there  may  be  set  the  appropriations  for  the  year 


1921.] 


CONSTITUTIONAL  CONVENTION. 


o  /?  ry 

O  O  i 

1919-20,  amounting  to  $63,436,059.  The  latter  figure  includes  only  the 
appropriations  for  the  expenses  of  the  Government  and  does  not  include 
bond  issues  for  waterways  and  highways  amounting  to  the  further  sum 
of  $109,195,124.  It  will  be  apparent  from  what  has  been  stated  that  this 
provision  has  lost  its  usefuluness.  If  a  guess  be  made  by  the  General 
Assembly  as  to  the  “amount  of  revenue  to  be  raised”  and  the  appropria¬ 
tions  based  upon  that  amount,  the  guess  is  quite  likely  to  be  wrong;  it 
will  be  either  much  too  low  or  much  too  large. 

Another  reason  against  the  retention  of  this  provision  is  the  fact 
that  it  has  never  been  enforced,  and  in  the  nature  of  things  cannot  be 
enforced.  If  the  appropriations  actually  exceed  the  “amount  of  revenue 
to  be  raised”,  what  is  the  result?  Are  all  appropriations  made  by  the 
General  Assembly  void?  Or  are  all  appropriations  to  be  reduced  pro 
rata?  Or  are  the  last  appropriations  made  in  point  of  time  invalid? 
Or  does  the  Auditor  pay  bills  until  the  revenue  is  exhausted  and  then 
stop  payment  on  further  vouchers?  These  questions  would  be  practical 
and  cogent  if  the  provision  was  in  fact  enforced.  The  Supreme  Court, 
in  the  case  of  Fergus  v.  Brady,  277  Ill.  272  (1917),  has  recognized  the 
situation  here  under  consideration.  An  effort  was  made  in  that  case  to 
make  the  Court  say  that  the  amount  of  appropriations  should  depend 
upon  the  amount  of  revenue  to  be  raised  by  the  State  tax  rate.  But  the 
Court  refused  to  take  that  view,  and  said  in  its  opinion : 

“Circumstances  may  occur  that  will  cause  the  reasonable  ex¬ 
pectations  of  the  General  Assembly  as  to  the  amount  of  revenue 
to  miscarry  or  not  to  be  fulfilled/'’ 

The  Court  indicated  that  the  provision  allowing  the  State  to  borrow 
money  up  to  $250,000  was  inserted  for  the  purpose  of  making  the  pro¬ 
vision  here  under  discussion  elastic  and  practicable. 

In  view  of  what  has  been  said  this  provision  has  been  dropped. 

The  fifth  provision  above  indicated,  as  it  appears  in  the  reference 
draft,  has  been  substantially  changed  from  the  corresponding  provision 
in  the  present  Constitution;  while  the  sixth  provision  above  indicated 
is  new  in  the  reference  draft.  The  new  provision  is  really  an  exception 
to  the  rule  laid  down  by  the  present  Constitution;  the  exception  merely 
puts  in  express  form  the  existing  construction  of  this  section,  under 
which  appropriations  are  valid  for  three  months  after  the  July  1st  in 
question,  if  the  obligation  has  been  incurred  before  that  time.  As  re¬ 
vised,  the  two  sentences  are  expressed  in  a  single  sentence.  The  two 
provisions  have  been  reduced  to  about  one-third  of  their  length  as  ex¬ 
pressed  in  the  reference  draft,  while  the  meaning  conveyed  has  not  been 
changed. 

The  section  as  revised  has  been  broken  up  into  several  paragraphs 
for  the  purpose  of  clarifying  it  and  making  its  provisions  easier  to  grasp. 

It  will  be  noted  that  this  part  of  Section  IS  concerns  itself  with 
limitations  on  the  General  Assembly  as  to  appropriation  bills.  In  Sec¬ 
tion  16  of  the  Executive  Article  of  the  present  Constitution  there  is 
found  a  provision  requiring  appropriation  bills  to  he  itemized  by  the 
General  Assembly.  This  provision  has  been  carried  over  in  the  same 
section  and  the  same  article  in  the  reference  draft.  The  provision  is 


368 


JOURNAL  OF  THE 


[Sept.  6^ 


obviously  out  of  place  in  the  Executive  Article,  which  should  concern 
itself  with  limitations  upon  executive  officers.  The  logical  place  for 
the  provision  in  question  is  in  the  Legislative  Article,  and  it  has  accord¬ 
ingly  been  put  in  this  section. 

Section  isy2.  The  provisions  of  the  reference  draft  affecting  the 
debt  incurring  power  of  the  State  are  expressed  in  two  sentences,  each 
of  which  is  long  and  involved.  The  paragraph  here  concerned  must  be 
read  over  and  over  again  to  get  at  its  real  meaning.  When  the  para¬ 
graph  is  analyzed  it  will  be  found  to  contain  the  following  ideas : 

1.  The  State  may  contract  debts  up  to  one  million  dollars  to 
meet  deficits  in  revenue. 

2.  The  money  so  borrowed  must  be  used  for  the  specific  pur¬ 
pose  for  which  it  is  borrowed,  or  pay  the  debt  for  which  it  was 
borrowed. 

3.  Further  debts  without  limit  may  be  incurred  to  pay  claims 
arising  in  case  of  war,  etc. 

4.  No  other  debt  may  be  incurred  except  upon  the  following 
conditions : 

(a)  There  must  be  a  referendum  on  the  law  creating  the 

debt. 

(b)  The  law  must  be  approved  by  a  majority  of  all  those 

voting  at  a  general  election. 

(c)  The  law  must  be  published  for  three  months  before 

the  election. 

(d)  Payment  of  interest  must  be  provided  for  when  the 

debt  is  incurred,  either  by  a  special  tax  or  by  set¬ 
ting  aside  particular  revenues. 

(e)  If  the  interest  is  to  be  paid  by  a  tax,  the  law  pro¬ 

viding  for  the  tax  must  be  submitted  to  the  people 
for  approval  with  the  law  authorizing  it;  and  is 
irrepealable  if  it  becomes  law. 

The  provisions  thus  found  in  the  reference  draft  are  substantially 
the  same  as  the  provisions  in  the  corresponding  section  in  the  present 
Constitution,  except  that  the  debt  limit  to  meet  casual  deficits  has  been 
increased  from  $250,000  to  $1,000,000.  • 

But  the  Convention  has  indirectly  created  an  exception  to  this  sec¬ 
tion  by  adopting  the  proposal  on  Canals  and  Waterways.  There  is  a 
direct  conflict  in  the  reference  draft  between  the  provision  of  this  section, 
as  to  “no  other  debt,”  etc.,  and  the  provision  of  the  Canals  and  Water¬ 
ways  Proposal  authorizing  the  General  Assembly  to  incur  an  additional 
debt  up  to  ten  million  dollars  without  a  referendum.  It  is  necessary 
to  reconcile  the  Canals  and  Waterways  Proposal  with  the  section  here 
under  discussion;  and  this  has  been  done  by  inserting  a  special  provision 
as  indicated. 

The  first  three  ideas  outlined  above  ma};  logically  be  expressed  in 
a  single  sentence,  which  should  include  also  the  provision  referring  to 
the  Canals  and  Waterways  Proposal.  The  provision  as  thus  revised 
obviates  the  necessity  of  making  an  exception  of  debts  incurred  in  case 
of  war,  etc. 


1921.] 


CONSTITUTIONAL  CO X VEXTIOX. 


369 


In  the  reference  draft,  and  also  in  the  Constitution  of  1870,  the 
limitation  indicated  in  aST o.  2  above  applies  only  to  debts  incurred  to 
meet  “casual  deficits.”  This  restriction  of  the  limitation  here  concerned 
seems  to  be  an  obvious  oversight.  Upon  principle  this  limitation— that 
the  money  so  raised  must  be  used  for  the  specific  purpose  for  which  it 
is  borrowed— should  apply  equally  to  all  State  debts  which  are  not 
incurred  under  specific  authority  of  law  and  approved  by  the  people  at 
a  referendum.  Such  is  the  law,  for  example,  in  Michigan,  where  a 
similar  limitation  appears  in  the  Constitution  of  1908.  (Section  10, 
Article  X).  The  limitation  there  is  made  applicable  to  debts  incurred 
for  deficits  in  revenue  as  well  as  debts  incurred  in  case  of  war,  etc.,  and 
for  other  purposes.  Accordingly  in  the  section  as  revised  this  limitation 
has  been  placed  at  the  end  of  the  first  paragraph,  where  it  modifies  all 
of  the  debts  previously  mentioned. 

•  The  long  and  complicated  sentence  of  the  reference  draft  here  con¬ 
cerned  has  been  rearranged  and  each  idea  expressed  separately.  As  thus 
revised  the  sentence  has  been  considerably  shortened  and  its  provisions 
made  easier  of  comprehension,  but  without  changing  its  meaning. 

The  fourth  idea  above  outlined,  with  its  five  conditions,  may 
logically  be  expressed  in  a  separate  paragraph.  In  the  reference  draft 
the  various  ideas  here  concerned  are  expressed  in  a  confused  and  obscure  ^ 
manner.  As  revised,  this  part  of  the  section  contains  each  of  the  ideas  * 
outlined  expressed  in  four  sentences,  which  follow  one  another  in  logical 
order.  Various  minor  changes  made  in  this  part  of  the  section  need 
not  be  discussed.  All  of  the  provisions  of  the  reference  draft  have  been 
included  without  any  change  in  meaning. 

Section  19.  If  this  section  is  analyzed  it  will  be  found  to  contain 

two  main  ideas : 

1.  A  provision  forbidding  extra  compensation  to  be  given  by 
law  to  persons  in  public  employ  or  to  contractors  on  public  work. 

2.  A  provision  forbidding  contract  claims  against  the  State 
unless  they  have  been  authorized  in  advance  by  law — -with  three 
exceptions  enumerated. 

In  the  reference  draft  these  ideas,  which  are  inherently  different, 
are  thrown  together  in  a  single  sentence ;  while  the  exceptions  are  added 
as  a  proviso  at  the  end  of  the  section.  The  sentence  structure  is  thereby 
made  illogical  and  the  meaning  of  the  section  rendered  obscure.  In  the 
section  as  revised  these  two  ideas  have  been  separated  and  each  expressed 
in  a  single  sentence.  The  exceptions  have  been  made  to  appear  as  such 
and  placed  at  the  end  of  the  second  sentence,  since  they  modify  only 
that  sentence.  By  putting  the  two  sentences  into  the  passive  voice  a 
considerable  saving  of  words  is  effected  without  change  of  meaning. 

In  the  first  part  of  the  section  the  words  “agent”  and  “servant’ 
have  been  omitted.  The  words  “public  officer,  employe  or  contractor” 
have  been  used  in  the  sense  of  including  the  words  “agent’  and  sen  ant  . 
A  servant  is  obviously  included  within  the  word  “employe”.  An  agent 
is  either  an  employe  who  draws  a  salary  or  is  paid  wages,  or  he  is  a 
“contractor”  who  is  paid  commissions  under  a  contract. 

In  the  reference  draft  the  second  provision  above  indicated  is  stated 
in  a  double  form;  the  claims  in  question  against  the  State  are  first  for- 
—24  C  J 


JOURNAL  OF  THE 


[Sept.  C>, 


3;o 


bidden,  and  second,  they  are  made  “null  and  void”.  In  the  sentence 
as  revised  the  second  form  alone  has  been  adopted.  If  such  claims  are 
made  “void”  no  further  language  is  needed  to  strengthen  or  emphasize 

that  statement.  „  ,  ,u 

The  words  “null  and  void”  mean  no  more  than  void  ,  and  the 

latter  term  has  accordingly  been  adopted.  , 

Section  20.  This  section  on  its  face  purports  to  forbid  State  aid  to 
any  individual,  association,  or  public  or  private  corporation— either  by 
grant  of  money  or  by  assuming  a  debt  or  obligation.  The  proposed 
Constitution,  however,  contains  a  number  of  provisions  which  are  in 
conflict  with  the  section  as  thus  worded  in  the  reference  draft.  For 
example,  Section  4  of  the  Article  on  Education  permits  such  aid  under 
certain  limited  circumstances.  Again,  the  proposal  concerning  “Farm 
Land  Credits”  permits  such  aid  to  particular  groups  of  individuals. 
The  provision  regarding  “Pension  Funds”  permits  such  aid  under  ceitam 
circumstances.  To  a  less  degree,  the  “Forestry  Proposal’5  amounts  to 
an  exception  to  this  section,  since  it  is  really  an  indirect  form  of  btate 
subsidy.  Other  examples  might  be  given,  but  these  are  enough  to  show 
that  this  section  must  be  made  subject  to  whatever  specific  provisions 
there  may  be  found  contrary  to  it  in  other  parts  of  the  Constitution. 

The  reference  draft  attempts  to  secure  an  all-inclusive  result  by 
enumerating  the  various  acts  or  kinds  of  transactions  which  are  01 
bidden.  Attention  has  already  been  called  in  this  report  to  the  funda¬ 
mental  error  in  legislative  drafting  here  involved.  By  adopting  the 
general  terms  “money  or  credit  of  the  State55  and  forbidding  their  use 
m  general  terms,  the  purpose  of  the  section  is  reached  more  directly  and 

more  completely  than  is  done  by  the  reference  diaft. 

The  phrase  “public  or  other  corporation55  is  obscure,  since  the  words 
‘public55  and  “other55  are  not  complementary  to  each  other.  The  word 
“private”  is  properly  used  in  contra-distinction  with  the  word  public  , 
and  accordingly  it  has  been  adopted  in  the  section  as  revised.  . 

Attention  should  be  called  here  to  the  fact  that  this  section  is  large¬ 
ly  duplicated  by  the  new  provision  inserted  in  the  Eevenue  Article,  to 
the  effect  that  taxes  may  be  collected  “for  public  purposes  only  .  I  he 
two  provisions  should  logically  be  construed  together. 

As  revised  the  section  has  been  considerably  shortened,  but  its  mean¬ 
ing  has  not  been  changed.  „  p* 

Section  21.  The  first  sentence  of  this  section  m  the  reference  draft 

is  copied— but  in  a  modified  form— from  the  corresponding  provision  ot 
the  present  Constitution.  That  provision  fixed  the  pay  and  mileage  of 
members  of  the  General  Assembly,  but  provided  that  the  matter ^mig  , 
be  regulated  by  law.  The  subejct  was  subsequently  regulated  by  statute 
so  that  the  provision  of  the  present  Constitution  is  no  onger  m 
nTm  has  served  its  purpose.  The  first  sentence  of  the  reference  draft  is 
therefore  needless.  1  It  amounts  merely  to  a  constitutiona  recognition 
of  the  existing  statute  on  the  subject  and  provides  furthei  that  th 
statute  mly  be"  changed.  Everything  that  is  said  in  he  sentence  wdl 
be  accomplished  if  the  Constitution  is  silent  on  the  point.  Th  ..  . 
tence  has  accordingly  been  dropped. 


( i , 


CONSTITUTIONAL  CONVENTION. 


371 


1921.] 


The  second  sentence  of  the  section  in  the  reference  draft  contains 
a  limitation  which  affects  all  public  officers  as  well  as  members  of  the 
General  Assembly — namely,  that  their  pay  shall  not  be  increased  01  ^  di¬ 
minished  during  their  terms.  A  number  of  other  provisions  of  the  Con¬ 
stitution  contain  similar  limitations : 

Section  23,  Article  V,  affecting  the  officers  named  m  the  ex¬ 
ecutive  Article.  „ 

Section  7,  Article  VI,  affecting  members  of  the  Supreme  Court. 

Section  16,  Article  VI,  affecting  judges  of  the  Circuit  Courts. 

Section  25,  Article  VI,  affecting  the  judges  of  the  Circuit  and 
statutory  courts,  and  the  State’s  Attorney  in  Cook  County. 

Section  11,  Article  IX,  affecting  “municipal  officeis. 

Section  10,  Article  X,  affecting  “county  officers.’5 
In  the  section  as  revised  a  single  provision  has  been  drafted  covering 
all  these  officers,  and  it  is  suggested  that  the  new  section  be  placed  in  a 
general  article  on  “Officers”.  Thereby  a  single  uniform  provision  on 
the  point  will  appear  in  the  Constitution  at  a  place  where  it  logically 
belongs.  Furthermore,  a  substantial  saving  of  words  will  be  effected  by 
omitting  provisions  which  duplicate  each  other. 

The  rest  of  the  section  as  found  in  the  reference  draft  contains  two 

limitations  affecting  members  of  the  Geneial  Assembly. 

1.  Their  pay  and  mileage  must  be  certified  by  their  respective 

presiding  officers  and  published  in  the  journals. 

2.  Xo  member  of  the  General  Assembly  shall  receive  any  other 


compensation  or  allowance.  , 

The  first  provision  is  expressed  in  substantially  the  same  words  as 

the  reference  draft.  However,  the  pronoun  “their”  as  used  in  the  ref¬ 
erence  draft  is  ungrammatical;  it  does  not  have  a  proper  antecedent. 
This  defect  has  been  corrected  in  the  provision  as  revised.  ^ 

In  the  second  provision  the  words  “compensation  or  allowance  are 
adopted  as  inclusive  terms.  Any  payment  or  reward  or  benefit  of  a  re¬ 
munerative  character  should  be  held  to  be  included  within  the  limitation 
as  thus  expressed.  The  provision  is  not  improved  or  strengthenec  } 
the  words  “directly  or  indirectlv  for  any  purpose  whatever  ;  these  words 

have  accordingly  been  dropped.  i  T 

Section  22.  This  section  was  new  m  the  Constitution  ol  n 

has  been  adopted  in  the  reference  draft  without  change,  except  oi  one 

minor  point,  which  will  be  noted  hereafter.  « 

The  Constitution  of  1818  contained  no  such  list  of  limitations  af¬ 
fecting  the  General  Assembly.  The  Constitution  of  1848  contained  but 
two  limitations  of  this  character:  First,  legislative  divorces  were  for¬ 
bidden,  and  second,  the  sale  of  privately  owned  real  estate  was  forbidden 
by  private  law.  The  rejected  Constitution  of  1862  (Section  30,  Article 
IV)  contained  a  list  of  eight  such  limitations.  In  the  Constitution  oi 
1870  the  list  was  increased  to  twenty-three,  and  in  addition  several  simi¬ 
lar  limitations  were  incorporated  in  other  parts  of  the  Constitution. 
This  development  in  the  constitutional  history  of  the  State  shows  the 
increasing  concern  which  came  to  be  felt  over  the  custom  of  passing 
special  legislation.  The  custom  in  fact  had  grown  to  be  excessive  at 
the  time  of  the  adoption  of  the  present  constitution,  as  is  shown  by  the 


372 


JOURXAL  OF  THE 


[Sept.  6, 


lact  that  at  the  previous  session  of  the  General  Assembly  in  1869  four 
\  olumes  de\  oted  to  special  legislation  alone  were  enacted.  The  pro- 
Asions  adopted  in  18  (U  have  been  effective  and  under  modern  conditions 
there  has  been  no  demand  for  amplifying  this  section. 

The  introductory  clause  of  the  section  has  been  made  shorter  and 
more  direct,  but  its  meaning  has  not  been  changed. 

A  o  change  has  been  made  in  the  first  two  provisions  of  the  section. 
In  the  next  provision  the  words  "laying  out  and  “opening5*  are  stnony- 
mous '  and  the  former  term  has  been  dropped.  The  words  “public  hi°h- 
a  at  s  ha\  e  been  used  as  the  equivalent  of  "roads  or  highways**. 

In  the  next  provision  the  word  “highways**  has  again  been  used  as 
the  equivalent  of  “roads  *  *  *,  streets,  alleys**. 

The  provision  as  to  changing  county  seats  has  been  dropped  as  un¬ 
necessary.  This  provision  is  duplicated  in  the  Counties  Article  by  a 
section  specificall}  providing  the  manner  for  changing  county  seats,  and 
the  method  there  gr\en  is  obviously  exclusive.  Moreover,  the  next  pro¬ 
vision  in  this  section  as  to  regulating  county  and  township  affairs  would 
include  changing  county  seats. 

The  next  three  provisions  of  the  section  are  all  concerned  with 
courts.  A  provision  similar  in  meaning  is  found  in  Section  50  of  the 
proposed  Judiciary  Article.  This  latter  provision  has  been  consolidated 
v  itli  the  thiee  provisions  here  in  question  and  all  of  them  have  been 
included  in  this  provision  as  here  revised.  The  wisdom  of  bringing 
together  these  scattered  provisions  will  be  obvious. 

The  pro's  ision  as  to  incorporating  cities,  etc.,  has-  been  reduced  in 
length,  but  its  meaning  has  not  been  changed. 

The  provision  as  to  election  of  boards  of  supervisors  has  been 
dropped  because  its  meaning  is  fully  covered  by  the  provision  already 
noted  affecting  township  affairs  and  by  the  provision  already  noted 
affecting  the  affairs  of  cities,  towns  and  villages. 

The  provision  regarding  juries  has  been  reduced  in  length  but  with¬ 
out  change  in  meaning. 

The  provisions  as  to  public  schools,  rates  of  interest,  conduct  of 
elections,  sale  of  property  of  persons  under  disability^,  protection  of  game 
and  fish,  chartering  ferries,  and  remitting  fines,  have  each  been  some¬ 
what  rephrased  but  no  change  in  meaning  has  been  made  in  any  of  them. 

The  only  change  made  by  the  Committee  of  the  Whole  in  this  sec¬ 
tion  was  to  permit  “reasonable  classification  of  waters**  for  the  protec¬ 
tion  of  game  and  fish.  This  amendment  was  made  necessary  by  the  de¬ 
cision  of  the  Supreme  Court  in  the  case  of  People  v.  Wilcox.  237  Ill., 
421  (1908).  In  that  case  it  was  held  that  no  distinction  could  be  made 
by  statute  between  Lake  Michigan  and  any  river  or  stream  in  the  State, 
so  far  as  regulation  of  fishing  was  concerned,  because  of  the  provision 
here  in  question  in  the  Constitution  of  1870.  (See  Debates  May  26, 
1920,  page  35;  see  also  People  v.  Diekman,  285  Ill.  97,  1918). 

The  provision  as  to  fees  or  allowances  of  public  officers  has  been 
dropped,  since  the  purpose  of  this  provision  is  fully  covered  by  the  gen¬ 
eral  provision  affecting  public  officers  as  suggested  in  Section  21  y2  above. 

The  remaining  three  provisions  of  the  section  have  been  condensed 
without  change  in  meaning. 


1921.] 


COXSTIT UTIOXAL  COXVEXTIOX. 


As  thus  revised,  by  the  omission  of  unnecessary  words  and  of  dupli¬ 
cated  provisions,  the  section  has  been  reduced  in  length  nearly  one-half. 

Section  23.  The  first  sentence  of  the  reference  draft  is  substan¬ 
tially  the  same  as  Section  23,  Article  IV,  of  the  present  Constitution, 
hut  the  provision  has  been  extended  by  the  Committee  of  the  V  hole  to 
include  “political  subdivisions  of  the  State”.  The  rest  of  the  section 
in  the  reference  draft  is  new. 

If  the  section  is  analyzed  it  will  be  found  to  contain  the  following- 
ideas  : 

1.  No  law  shall  release  any  liability  due  the  State  or  any  sub¬ 
division  of  it  including  municipal  corporations. 

2.  Statutes  of  limitations,  however,  may  be  passed  effective 
against  such  liabilities  after  20  years. 

3.  Such  statutes  of  limitation  shall  not  begin  to  run  in  favor 
of  a  public  officer  until  an  official  audit  is  had. 

The  last  two  ideas  are  expressed  in  the  reference  draft  by  means 
of  provisos.  The  disadvantages  of  the  use  of  provisos  have  already 
been  discussed  in  the  previous  reports  of  this  Committee.  As  revised, 
the  use  of  the  provisos  has  been  avoided  and  the  section  has  been  con¬ 
siderably  shortened  without  any  change  in  meaning. 

The  word  “liability”  has  been  substituted  for  the  words  “indebted¬ 
ness,  liability  or  obligation”.  “Liability”  is  defined  by  the  Century 
Dictionary  as  “a  fixed  or  contingent  obligation”.  The  word  obviously 
includes  an  indebtedness,  and  is  therefore  an  inclusive  term  which  may 
be  used  alone. 

Section  2k.  This  section  is  a  new  one.  Prior  to  1915  the  practice 
had  become  established  of  permitting  legislative  committees  to  sit  after 
the  final  adjournment  of  the  General  Assembly  and  providing  appro¬ 
priations  for  their  use  after  such  adjournment.  This  practice,  howe^ei, 
was  declared  invalid  by  the  Supreme  Court  in  the  case  of  Fergus  v. 
Russel,  270  Ill.,  304  (1915). 

The  purpose  of  this  section  is  to  permit  what  the  Supreme  Court 
held  invalid  under  the  existing  Constitution.  (Debates  May  26,  1920, 
page  36).  The  reference  draft  enumerates  the  purposes  for  which  such 
a  committee  may  sit.  Such  a  provision  is  unnecessary,  since  the  Com¬ 
mittee  will  have  the  same  powers  after  adjournment  as  before  if  the 
life  of  the  Committee  is  continued.  The  language  of  the  reference  draft 
has  been  condensed  also  in  other  respects,  but  the  meaning  of  the  sec¬ 
tion  has  not  been  changed. 

Section  25.  This  section  concerns  the  power  of  the  General  Assem¬ 
bly  over  impeachments.  In  the  present  Constitution  the  subject,  of 
impeachment  is  dealt  with  in  two  widely  separated  sections,  the  subject 
is  partly  regulated  by  this  section  and  partly  by  Section  15  of  the  Ex¬ 
ecutive  Article.  Such  a  division  of  a  single  concise  subject  is  inherently 
wrong.  Accordingly  Section  15  of  Article  V  has  been  transferred  to 
this  section  and  has  been  placed  at  the  beginning  of  the  section  where  it 
logically  belongs,  without  material  change  in  its  wording. 

Section  26.  This  section  is  a  consolidation  of  parts  of  Sections  !  •> 
and  25  of  Article  TV  of  the  present  Constitution.  However,  the  pro¬ 
visions  as  there  found  have  been  made  much  broader  and  moie  drastic. 


JOURNAL  OF  THE 


[Sept.  6, 


374 

The  Debates  of  the  Convention  (May  26,  1920,  p.  37,  and  May  27,  p.  8 
et  seq.)  show  a  clear  intention  to  make  these  provisions  comprehensive 
and  severe.  The  section  as  expressed  in  the  reference  draft  contains 
three  provisions: 

1.  No  member  of  the  General  Assembly  may  be  interested  in 
any  contract  with  the  State  or  any  of  its  subdivisions,  including 
municipal  corporations,  if  the  law  authorizing  the  contract  is  passed 
during  the  term  of  such  member,  or  during  one  year  after  he  has 
ceased  to  be  a  member. 

2.  All  State  officers  are  forbidden  to  be  interested  in  any 
State  contract. 

3.  All  other  public  officers  are  forbidden  to  be  interested  in 
any  contract  made  with  any  city,  county,  or  township,  etc.,  of  which 
they  are  officers.  « 

In  the  section  as  revised  each  of  these  provisions  has  been  drafted  in 
a  separate  paragraph  for  purposes  of  clarity. 

Under  the  language  of  the  reference  draft  an  important  question 
arises  as  to  how  far  these  provisions  are  self  executing.  If  any  of  the 
officers  mentioned  has  an  interest  in  a  contract  contrary  to  these  pro¬ 
visions,  is  the  contract  void  or  is  it  merely  voidable  at  the  option  of  the 
State  or  county  or  city?  There  has  been  considerable  variance  in  the 
interpretation  given  by  courts  to  provisions  of  a  similar  character  in 
other  constitutions  and  in  the  statutes  of  other  states.  Some  jurisdictions 
hold  the  contracts  void  and  others  hold  them  merelv  voidable.  See  dis- 
cussion  on  this  point  in  6  R.  C.  L.  740  and  cases  there  cited;  see  also 
Young  v.  City  of  Mankato  (Minn.  1905),  105  Northwestern,  969.  The 
better  doctrine  seems  to  be  that  such  contracts  are  merely  voidable  at 
the  option  of  the  State,  county  or  city,  etc.,  unless  the  language  of  the 
Constitutional  provision  or  the  statute  requires  the  contract  to  be  held 
void.  See  note  to  Bay  v.  Davidson,  9  L.  R.  A.,  N.  S.  1014  (Iowa  1907). 
There  has  been  no  construction  by  the  courts  of  this  State  which  is  de¬ 
cisive  of  the  point,  and  the  language  of  the  provision  in  the  reference 
draft  cannot  be  said  to  be  decisive  of  it.  The  question  here  involved 
was  raised  and  discussed  in  the  Debates,  but  a  motion  to  reconsider  the 
section  for  the  purpose  of  discussing  this  question  was  lost.  (Debates 
May  27,  p.  7  et  seq.)  The  position  of  the  Convention  on  the  point  is 
therefore  uncertain,  and  the  question  will  be  left  to  construction  by  the 
courts  unless  the  Convention  decides  it  by  appropriate  action. 

Another  question  at  once  arises  as  to  the  effect  of  these  provisions 
on  any  officer  who  may  violate  them.  Does  he  thereby  oust  himself  from 
office?  This  question  was  also  raised  in  the  Debates  (May  27.  1920,  p. 
12)  and  the  provision  was  construed  as  automatically  rendering  the 
office  vacant  when  the  facts  as  to  violation  of  the  provision  by  any  offi¬ 
cer  are  disclosed. 

As  the  first  provision  has  been  revised  it  expresses  the  intention  of 
the  Convention  in  a  somewhat  more  direct  and  shorter  form  than  the 
reference  draft.  Provisions  similar  to  the  one  here  in  question  are 
found  in  a  number  of  other  state  constitutions.  (For  list  of  such  states 


CONSTITUTIONAL  CONVENTION. 


3?5 


1921.] 


see  Index  Digest  State  Constitutions,  New  York  Constitutional  Conven¬ 
tion  1915,  p.  1109).  .  ..  , 

The  second  provision  above  indicated  appears  m  practicall)  tne 

same  form  as  the  reference  draft.  Similar  provisions  appear  in  a  num¬ 
ber  of  other  state  constitutions.  (Tor  list  of  such  states  see  Index  Di¬ 
gest  State  Constitutions,  New  York  Constitutional  Convention,  p.  1111). 

Attention  should  be  called  to  the  provision  appearing  in  the  pro¬ 
posed  new  Constitution  for  Pennsylvania.  The  provision  there  pro¬ 
posed  (Section  20,  Article  IV)  is  as  follows: 

“No  member  of  the  General  Assembly  or  officer  or  employe  of 
the  state  government  shall  be  interested  in  a  contract  with  the 
state  government,  or  in  furnishing  thereto  materials  or  supplies. 

It  will  be  noted  that  the  provision  of  the  reference  draft  applies 
only  to  contracts  of  the  State  and  in  this  respect  is  narrower  than  the 
provisions  in  most  other  state  constitutions.  However,  the  lennstDania 
provision  as  proposed  extends  the  limitation  to  employes  as  veil  as  offi¬ 
cers.  In  commenting  on  the  provision  the  Commission  which  drafted 

it  says:  (Reports  of  the  Commission,  p.  240.) 

“The  section  as  proposed  extends  the  prohibition  to  all  em¬ 
ployes  of  the  State  Government,  as  well  as  to  all  officers.  The 
present  Constitution  confines  the  prohibition  to  officers/7 
The  change  made  in  the  Pennsylvania  draft  involves  a  change  in 
policy  which  does  not  come  within  the  scope  of  the  duties  of  this  C  om¬ 
mittee.  The  matter  is  called  to  the  attention  of  the  Convention  for  such 
action  as  it  sees  fit  to  take. 

The  third  provision  above  indicated  is  a  new  one  in  the  Constitution 
of  this  State.  The  intention  of  the  Convention  as  shown  by  the  Debates 
was  to  make  the  provision  applicable  only  to  contracts  made  with  the 
particular  city,  county,  township,  etc.,  with  which  the  officer  concerned 
may  be  connected.  The  uncertainty  of  the  language  in  the  reference 

draft  on  this  point  has  been  cleared  up.  ; 

The  obvious  purpose  of  all  of  these  provisions  is  to  prevent  the  officeL 
from  using  his  official  position  for  his  own  profit.  1  he  pio\ision>  do 
not  intend  to  prohibit  a  public  officer  from  being  interested  in  any  con¬ 
tract  to  the  same  extent  as  all  other  citizens.  In  other  words,  public 
officers  should  not  be  forbidden  to  be  interested  in  contracts  for  leasons 
of  patriotism,  morality  or  other  grounds  affecting  the  public  good.  Ac¬ 
cordingly  the  word  “beneficial”  has  been  inserted  in  all  three  of  the  pro¬ 
visions  as  revised  to  make  this  point  clear. 

Section  27.  This  section  is  taken  over  without  change  from  the 
present  Constitution.  This  provision  first  appeared  in  the  Constitution 
of  1848,  at  a  time  when  lotteries  had  grown  to  be  a  matter  or  graw* 
public  concern.  The  entire  purpose  of  the  section  is  expressed  m  the 

short  form  of  the  section  as  revised. 

Section  28.  This  section  has  not  been  changed  except  to  shorten  it. 
Sections  29  and  30.  These  sections  have  been  consolidated  in  the 
draft  as  revised,  since  they  are  related  in  form  and  subject  matter.  sec¬ 
tion  29  of  the  reference  draft  is  Section  30  of  the  present  Constitution 
without  change.  Section  30  of  the  reference  draft  is  Section  31  ot  the 


37  G 


JOURNAL  OF  THE 


present  Constitution  in  a  revised  and  extended  form.  Taken  together 
the  two  sections  contain  three  ideas : 

1.  The  General  Assembly  may  provide  for  opening'  private 
roads  across  the  land  of  other  owners. 

2.  The  General  Assembly  may  provide  for  the  opening  of 
drains,  ditches  and  levees  across  the  lands  of  other  owners  for  cer¬ 
tain  specified  purposes. 

3.  The  General  Assembly  may  provide  for  organizing  drain¬ 
age  districts  for  certain  specified  purposes  and  for  giving  such  dis¬ 
tricts  powers  of  eminent  domain  and  special  assessment  as  well  as 
giving  them  State  aid. 

The  first  two  of  these  provisions  have  been  put  in  the  Constitution 
for  the  purpose  of  rebutting  limitations  on  the  General  Assembly  which 
arise  from  implied  limitations  growing  out  of  decisions  of  the  courts 
as  to  “police  power”  and  “due  process.”  The  provision  with  reference 
to  private  roads  was  placed  in  the  present  Constitution  for  the  purpose 
of  obviating  two  decisions  of  the  Supreme  Court  which  had  previously 
held  that  the  General  Assembly  had  no  such  power.  (Nesbitt  v.  Trumbo. 
39  Ill.,  110  (1866)  and  the  Crear  v.  Crossly,  40  Ill.,  175  (1866).  (See 
Debates  1870,  p.  889.)  There  has  been  no  construction  of  this  section 
by  the  Supreme  Court  since  the  section  was  adopted.  The  provision  in 
the  present  Constitution  with  reference  to  ditches  and  levees  was 
amended  in  1878  for  the  purpose  of  giving  the  General  Assembly  power 
to  authorize  drainage  districts  and  give  them  the  right  to  levy  special 
assessments.  However,  considerable  doubt  has  arisen  whether  drainage 
districts  have  the  power  of  special  assessment  under  this  section  and 
under  Section  9  of  Article  IX,  which  must  be  construed  with  it.  There 
is  also  doubt  as  to  the  power  of  the  General  Assembly  to  give  drainage 
districts  power  of  eminent  domain.  The  uncertainty  about  the  power 
of  the  General  Assembly  in  these  two  respects  has  hampered  the  organ¬ 
ization  of  drainage  districts  in  many  parts  of  the  State.  (See  Debates 
June  23,  1920,  p.  10.) 

The  Committee  of- the  Whole  has  added  a  further  provision  intended 
to  authorize  State  aid  to  drainage  districts.  The  power  of  the  General 
Assembly  to  grant  State  aid  to  such  districts  is  probably  forbidden  by 
Section  20.  Article  IV,  of  the  present  Constitution,  although  there  has 
been  no  express  decision  of  the  point  by  the  courts. 

It  is  apparent  therefore  that  these  three  provisions  are  really  excep¬ 
tions  to  general  provisions  appearing  elsewhere  in  the  Constitution. 
Under  these  exceptions  the  General  Assembly  is  permitted  to  do  certain 
particular  things  which  otherwise  it  would  be  prohibited  from  doing. 
Accordingly  it  seems  best  to  phrase  the  section  in  a  form  that  shows 
clearly  its  purpose  and  meaning  along  the  lines  above  discussed. 

The  last  sentence  of  the  section  has  been  added  for  the  purpose  of 
negativing  the  implied  limitations  which  might  arise  from  the  grants 
of  power  here  given.  This  sentence  has  been  somewhat  revised  and 
shortened,  but  its  meaning,  purpose  and  effect  remain  unchanged. 

Section  31.  This  section  is  the  same  as  Section  32  of  the  present 
Constitution.  It  appeared  in  the  Constitution  for  the  first  time  in  1870, 
although  the  rejected  Constitution  of  1862  (see  Article  XIV)  contained 


CONSTITUTIONAL  CONVENTION. 


1921.] 


oV  * 


a  long  and  elaborate  provision  of  a  similar  kind.  The  provision  has 
been  copied  into  the  Constitution  of  Colorado  (Article  XVIII.  Section 
1)  and  into  the  Constitution  of  Montana.  (Article  XIX,  Section  4.; 
None  of  the  other  forty-five  states  have  any  similar  provision  in  their 
constitutions.  The  reasons  are  obvious :  First,  the  General  Assembly 
has  the  power  to  pass  such  laws  without  such  a  provision;  and  second, 
although  the  provision  is  in  the  form  of  a  mandate  on  the  General  As¬ 
sembly,  yet  that  body’s  discretion  in  the  matter  is  not  subject  to  control. 
The  provision  is  futile  from  the  point  of  view  of  constitutional  law. 

This  section  of  the  Constitution  of  1870  has  never  been  construed 
by  our  Supreme  Court,  and  since  the  discretion  of  the  General  Assembly 
cannot  be  regulated  by  the  court  it  is  unlikely  that  the  provision  will  be 
construed  in  the  future.  The  provisions  appearing  in  the  Constitution 
of  Colorado  has  been  mentioned  but  not  construed  by  the  Supreme  Court 
of  that  State  in  Keith  v.  Bedwell,  52  Col.,  310.  The  same  thing  is  true 
of  the  provision  in  the  Constitution  of  Montana,  where  the  provision 
has  been  mentioned  only  in  one  case,  Mennell  v.  Wells,  51  Mont.,  141- 
No  revision  of  the  section  is  suggested ;  if  the  section  is  to  remain, 
the  form  of  the  section  appearing  in  the  reference  draft  need  not  be 
changed.  However,  for  the  reasons  already  given,  the  omission  of  the 
section  from  the  Constitution  is  suggested. 

Section  32.  This  section  is  a  new  one.  The  purpose  of  the  section 
is  to  permit  the  regulation  of  public  pension  systems,  whether  of  the 
State  or  of  any  county  or  city,  etc.,  in  three  respects : 

1.  By  permitting  the  pension  systems  to  be  put  upon  a  sound 
actuarial  basis,  so  that  the  amounts  contributed  by  the  employes  and 
the  public  will  be  sufficient  to  keep' these  systems  in  a  solvent  con¬ 
dition. 

2.  By  authorizing  the  State,  County  or  City,  etc.,  to  give  the 
employe  a  vested  interest  in  the  accumulated  portion  of  his  pension. 

3.  By  forbidding  any  financial  burden  to  be  placed  on  the 
State,  County  or  City,  etc.,  for  the  purpose  of  making  up  deficiencies 
in  pension  systems. 

The  pension  laws  now  in  force  have  been  sustained  under  the  present 
Constitution.  (Hughes  v.  Traeger,  264  Ill.,  612,  1914;  People  v.  Abbott, 
274  Ill.,  380,  1916.)  The  system  generally  established  by  these  laws  is 
for  the  State,  County  or  City,  etc.,  to  contribute  the  major  part  of  the 
pension  fund  and  the  minor  part  to  be  deducted  from  the  pay  of  the 
employe.  The  systems  are  therefore  partly  gratuitous  and  partly  sup¬ 
ported  by  the  employes;  but  the  entire  fund  is  held  to  be  “public  money,’’ 
not  withstanding  the  fact  that  a  considerable  part  of  it  has  been  deducted 
from  the  wages  of  the  employes.  Moreover,  under  the  present  Consti¬ 
tution  the  employe  has  no  vested  interest  in  the  fund  ;  he  has  only  an 
expectancy  created  by  the  law,  which  the  law  may  at  any  time  revoke 
or  destroy.  (Pennie  v.  Peis.  132  TJ.  S.,  464;  also  Illinois  cases  cited 
above.)  In  view  of  the  unsettled  state  of  the  law  so  far  as  constitutional 
restrictions  are  concerned,  the  General  Assembly  has,  so  far,  hesitated  to 
attempt  a  modern  revision  of  the  pension  laws  of  the  Stale.  Theie  aie, 
however,  as  has  already  been  stated,  numerous  pension  systems  in  opei- 
ation,  most  of  them  organized  under  separate  laws;  and  it  is  estimated 


378 


JOURNAL  OF  THE 


[Sept.  6, 


that  more  than  60,000  public  employes  in  the  State  are  interested  in 
these  pension  systems.  It  is  hoped  by  the  advocates  of  this  section  that 
it  will  crystalize  and  settle  the  legal  status  of  these  pension  systems  and 
will  permit  the  General  Assembly  to  proceed  to  put  them  on  a  sound 
actuarial  basis  so  far  as  that  may  be  done. 

It  should  be  borne  in  mind,  however,  that  this  provision  is  merely 
an  authorization  to  the  General  Assembly  and  is  in  no  way  self  executing. 
The  provision  does  not  afiect  the  status  of  any  of  these  systems,  nor  does 
it  affect  any  person  who  is  a  pensioner  under  them.  In  other  words, 
the  entire  purpose  of  the  section  is  to  untie  the  hands  of  the  General 
Assembly  regarding  these  pension  systems. 

The  Debates  in  Committee  of  the  Whole  indicate  that  some  mem¬ 
bers  of  the  Convention  were  concerned  lest  the  State,  County,  or  City, 
etc.,  might  be  required  to  make  good  deficiencies  in  some  or  all  of 
these  pension  systems.  However,  the  provision  outlined  in  No.  3  above 
was  inserted  for  the  purpose  of  preventing  any  such  possibility.  By 
this  provision  the  General  Assembly  is  forbidden  to  enact  (1)  any  law 
giving  the  employe  a  vested  interest  in  any  public  funds  other  than  those 
accumulated  for  pension  purposes,  and  (2)  any  law  adding  a  financial 
burden  to  the  State,  County,  or  City,  etc.,  which  has  established  the 


pension  system.  , 

Added  Section.  This  section  is  a  revision  of  Deference  Ao.  18,  m 
regard  to  Forestry,  and  is  a  new  provision  in  the  Constitutional  law  of 

this  State.  The  section  consists  of  two  parts : 

1.  A  mandate  on  the  General  Assembly  to  pass  laws  encourag¬ 
ing  forestry.  .  * 

2.  A  provision  which  is  really  an  exception  to  the  Revenue 

Article  permitting  the  classification  of  forest  lands  for  purposes  of 

taxation.  .  . 

The  section  as  revised  has  been  changed  only  m  minor  details  trom 

the  form  in  which  it  appears  in  the  reference  draft. 

This  reference  proposal  (Bef.  No.  18)  obviously  belongs  m  the 
Legislative  Article  and  has  therefore  been  incorporated  here. 

Added  Section.  This  section  is  a  revision  of  Reference  No.  21,  con¬ 
cerning  Amendments  to  the  Federal  Constitution,  and  is  also  a  new 
provision  in  the  constitutional  law  of  this  State.  Its  purpose  is  to  per¬ 
mit  the  people  of  the  State  to  have  an  indirect  referendum  on  a  proposed 
amendment  to  the  United  States  Constitution.  In  other  words,  the 
people  of  the  State  are  given  the  right  to  express  themselves  at  an  elec¬ 
tion  on  a  proposed  amendment  by  voting  for  candidates  who  may  be 

pledged  one  way  or  the  other  as  to  the  amendment. 

The  reference  draft  attempts  to  reach  this  result  by  requiring  a 
number  of  procedural  steps  whenever  a  Federal  amendment  is  proposed. 
The  simpler  way  to  reach  the  result  intended  is  to  require  the  elec  ion 
to  be  held  before  the  amendment  may  be  considered  by  the  proper  aut fior" 
ities  of  the  State.  If  this  is  done  it  is  unnecessary  to  provide  the  method 
for  considering  the  amendment,  since  the  existing  law  takes  care  of 
that  matter.  The  section  has  accordingly  been  revised l  along  the  lines 
here  suggested.  As  revised  it  is  m  the  general  form  adopted  by  Florida 


CONSTITUTIONAL  CONVENTION. 


379 


1921.] 


(XVI-19)  and  Tennessee  (11-32),  which  are  the  only  states  m  the 
Union  having  similar  provisions  in  their  constitutions. 

The  reference  draft  has  in  it  an  obvious  defect  since  it  assumes 
that  Federal  Amendments  may  be  considered  only  by  the  General  As¬ 
sembly.  The  Federal  Constitution  provides  that  its  amendments  may 
be  considered  in  the  states  either  by  a  convention  called  for  the  pur¬ 
pose  or  by  the  General  Assembly  of  the  State.  The  reference  aiaf't  o^ei- 
looks  the  former  method,  and  this  oversight  has  been  collected  in  the 

section  as  revised. 

The  subject  matter  of  this  provision  (Reference  No.  21)  is  inti¬ 
mately  connected  with  the  subject  of  legislation.  It  therefore  logically 

belongs  in  this  article. 


Report  No.  13. 


YOUR  COMMITTEE  ON  PHRASEOLOGY  AND  STYLE,  TO 
WHICH  WAS  REFERRED  A  PROPOSAL  ENTITLED 
CANALS  AND  WATERWAYS,  (INTRODUCTION  NO.  377, 
REFERENCE  NO.  16)  AS  AMENDED  IN  COMMITTEE  OF 
THE  WHOLE,  RESPECTFULLY  REPORTS  THAT  IT  HAS 
CONSIDERED  SUCH  PROPOSAL  AND  HEREWITH  SETS 
FORTH  IN  PARALLEL  COLUMNS  SAID  PROPOSAL  AS 
ADOPTED  IN  COMMITTEE  OF  THE  WHOLE  ON  THE 
LEFT  AND  A  SUBSTITUTE  THEREFORE  AS  RECOM¬ 
MENDED  BY  THIS  COMMITTEE  ON  THE  RIGHT. 


Resolved  That  the  following  shall  become  a  part  of  the  Constitu¬ 


tion  of  Illinois: 

The  Illinois  Waterway  and  Illinois  j 
and  Michigan  Canal. 

Section  1.  Bonds  in  the  sum  of 
twenty  million  dollars  heretofore 
authorized  under  and  pursuant  to  an 
amendment  to  the  Constitution  of 
1870,  ratified  by  the  voters  on  No¬ 
vember  3,  1908,  and  proclaimed 

adopted  November  24,  1908,  for  the 
construction,  maintenance  and  equip¬ 
ment  of  the  Illinois  Waterway  and 
its  appurtenances,  when  issued  and 
sold,  shall  be  valid  obligations  of  the 
State,  and  the  proceeds  thereof  shall 
he  applied  to  the  purposes  for  which 
they  were  authorized. 

Section  2.  The  General  Assembly 
may  make  either  additional  appro¬ 
priations  or  may  authorize  bonds  to 
be  issued  and  sold  for  the  construc¬ 
tion,  maintenance,  operation,  exten¬ 
sion,  enlargement  or  equipment  of 
the  Illinois  Waterway,  or  its  ap¬ 
purtenances,  in  addition  to  the  bonds 
heretofore  authorized;  but  the  aggre¬ 
gate  amount  of  all  such  additional 
appropriations  and  bonds,  except  as 


Section  1.  (Reference  Sections  1, 
2,  3  and  6.)  In  addition  to  the  pro¬ 
ceeds  of  the  twenty  million  dollars 
of  bonds  heretofore  authorized  for 
the  deep  waterway,  ten  million  dol¬ 
lars  may  be  expended  therefor  and 
all  or  part  thereof  secured  by  issu¬ 
ing  bonds.  The  State  shall  make  no 
other  expenditure  for  any  canal  or 
waterway  or  appurtenance  thereto 
except  from  the  income  thereof  un¬ 
less  the  expenditure  is  approved  by 
a  majority  of  all  those  voting  at  a 
general  election. 


(Combined  with  Section  1.) 


380 


JOURNAL  OF  THE 


[Sept.  6. 


otherwise  provided  in  Section  3  of 
this  article,  shall  not  exceed  ten 
million  dollars,  unless  the  law  malt¬ 
ing  such  appropriations  or  authoriZ' 
ing  such  bonds  shall  first  have  been 
submitted  to  a  vote  of  the  people  of 
the  State  at  a  general  election,  and 
have  been  approved  by  a  majority  of 
all  the  votes  polled  at  such  election. 

Section  3.  The  gross  or  total  pro¬ 
ceeds,  receipts  and  income  of  the 
Illinois  Waterway  and  its  appurte¬ 
nances,  and  of  the  Illinois  and  Mich¬ 
igan  Canal,  may  be  appropriated  or  | 
pledged  for  the  construction,  main¬ 
tenance,  operation,  extension,  en¬ 
largement,  or  equipment  of  such 
waterway  and  its  appurtenances,  or 
of  such  canal. 

Section  4.  No  waterway  or  canal 
owned  or  improved  by  the  State 
shall  be  sold  or  leased,  except  as 
provided  herein,  until  the  specific 
proposition  for  the  sale  or  lease 
thereof  shall  have  been  submitted 
to  the  electors  of  the  State  at  a  gem 
eral  election  and  approved  by  a  ma¬ 
jority  of  those  voting  at  the  elec¬ 
tion. 


Section  5.  The  General  Assembly 
may  authorize  the  lease  of  the  Illi¬ 
nois  and  Michigan  Canal,  or  any 
part  thereof,  or  to  provide  terminals 
in  connection  with  the  Illinois 
Waterway  or  other  navigable  chan¬ 
nel.  Such  terminals  shall  be  for 
public  use  upon  equal  terms. 

Section  6.  No  appropriation  for 
the  Illinois’  and  Michigan  Canal 
shall  be  made  from  the  State  treas¬ 
ury,  except  from  the  special  fund  in 
the  treasury  arising  from  the  pro¬ 
ceeds,  receipts  and  income  of  such 
canal.  Otherwise  than  as  in  this 
article  provided,  the  General  As¬ 
sembly  shall  never  loan  the  credit 
of  the  State  or  make  appropriations 
from  the  treasury  thereof  in  aid  of 
canals. 


(Combined  with  Section  1.) 


Section  2.  (Reference  Sections  4, 
5  and  7.)  No  canal  or  waterway  or 
integral  part  thereof,  owned  or  im¬ 
proved  by  the  State  shall  be  leased 
or  sold,  except  upon  approval  of  a 
majority  of  all  those  voting  at  a 
general  election.  The  General  As¬ 
sembly,  however,  may  authorize  the 
lease  of  the  Illinois  and  Michigan 
Canal,  or  any  part  thereof,  to  pro¬ 
vide  terminals  in  connection  with 
other  navigable  channels;  such  ter¬ 
minals  to  be  for  public  use  without 
discrimination.  Leases  of  State 
canals  and  waterways  and  of  State 
property  held  in  connection  there¬ 
with  shall  be  subject  to  revaluation 
every  twenty  years. 

(Combined  with  Section  9  ' 


(Combined  with  Section  1.) 


1921.] 


CONSTITUTIONAL  CONVENTION. 


381 


Section  7.  Leases  for  water  power 
or  railway  or  terminal  purposes 
shall  be  subject  to  a  revaluation  for 
each  twenty  years  of  the  term 
created. 


(Combined  with  Section  2.) 


Respectfully  submitted, 

Elam  L.  Clarke,  Chairman. 
Thos.  Rinaker. 

Charles  B.  T.  Moore. 

E.  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H.  Brewster. 
Committee  on  Phraseology  and  Style. 


IN  RE  PROPOSAL  NO.  377. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  377,  being  a  Proposal 
entitled  Canals  and  Waterways. 

The  subject  of  Canals  was  not  mentioned  in  the  Constitution  of 
1818  nor  in  the  Constitution  of  1848.  The  proposed  constitution  of 
1862  was  likewise  silent  on  the  subject.  In  1870  the  Convention  adopted 
a  provision  which  appears  in  “Separate  Section  4“'  of  the  present  Con¬ 
stitution.  The  provision  was  simple  and  consisted  of  two  short  para¬ 
graphs.  It  forbade  the  sale  or  lease  of  the  Illinois  and  Michigan  Canal 
or  any  other  canal  “owned  by  the  State”,  except  on  referendum;  and 
it  forbade  also  appropriations  to  canals  or  railroads,  except  that  the  sur¬ 
plus  earnings  of  a  canal  might  be  used  for  its  maintenance  or  extension. 
The  Debates  of  the  Convention  of  1870  show  that  the  section  was  adopted 
for  two  reasons.  In  the  first  place,  it  was  intended  to  prevent  the  rail¬ 
roads  from  buying  up  or  leasing  the  Illinois  and  Michigan  Canal  for 
the  purpose  of  driving  out  competition  (Debates,  pp.  311,  470)  ;  and  in 
the  second  place,  to  prevent  the  canal  from  becoming  a  burden  on  the  . 
State.  (Debates,  pp.  484-487.) 

By  a  constitutional  amendment  adopted  in  1908,  two  further  para¬ 
graphs  were  added  to  the  section.  The  purpose  of  the  amendment  was 
likewise  two-fold.  It  permitted  the  General  Assembly  to  provide  for  the 
construction  of  a  “deep  waterway”  from  Lockport  to  Utica  anu  author¬ 
ized  the  expenditure  of  twenty  million  dollars  for  that  work;  and  it 
provided  that  leases  of  water  power  developed  from  the  waterway  might 
be  made,  but  the  income  from  such  leases  must  be  paid  into  the  State 
treasury  and  the  leases  must  be  subject  to  revaluation  every  ten  years. 

The  provisions  of  the  section  as  they  existed  prior  to  1908  gave 
rise  to  comparatively  little  difficulty,  and  the  Supreme  Court  has  been 
called  upon  to  construe  them  in  only  three  cases.  The  first  of  these 
provisions  was  in  fact  not  enforced  until  the  case  ot  Burke  v.  Snivelv, 
208  Ill.  328,  was  decided  in  1904.  That  case  terminated  the  practice 
which  had  grown  up  in  the  General  Assembly  of  making  biennial  ap¬ 
propriations  to  pay  deficits  in  the  operation  of  the  canal,  the  second 
provision  as  adopted  in  1870  seems  likewise  to  have  been  given  little 
practical  consideration  for  nearly  forty  years  after  its  adoption.  In 


JOURNAL  OF  THE 


|  Sept.  6, 


1909  the  Supreme  Court,  in  the  case  of  City  of  Chicago  v.  Green,  238 
Ill.,  258,  gave  this  provision  a  narrow  construction.  The  court  held  that 
the  provision  forbade  even  the  granting  to  the  City  of  Chicago  of  the 
right  to  maintain  a  sewer  under  the  canal,  and  that  the  most  that  could 
be  granted  in  view  of  this  provision  was  a  license  revocable  at  the  will 
of  the  State. 

The  reference  draft  has  enlarged  the  subject  of  Canals  and  Water¬ 
ways  and  made  of  it  a  separate  article  containing  seven  rather  long  sec¬ 
tions.  The  subject  seems  thereby  to  be  given  a  significance  out  of  line 
with  the  established  constitutional  policy  of  the  State  and  out  of  pro¬ 
portion  with  the  importance  of  the  subject-matter  involved.  Moreover, 
the  elaborate  and  complex  wording  of  the  proposal  as  adopted  seems  un¬ 
necessary  to  accomplish  the  intention  of  the  Convention.  The  proposal 
therefore  has  been  revised  and  consolidated  into  two  sections,  which  in¬ 
clude  all  the  ideas  of  the  seven  sections  of  the  reference  draft.  In  view 
of  the  complete  revision  made,  a  detailed  explanation  of  the  various 
changes  suggested  in  the  wording  of  the  sections  is  not  practicable. 

Section  1.  This  section  has  only  one  purpose,  namely,  to  reaffirm 
the  validity  of  the  bond  issue  for  the  Illinois  Waterway  previously  author¬ 
ized  bv  the  General  Assemblv  acting  under  the  Amendment  of  1908,  As 
the  section  is  worded,  however,  it  is  open  to  an  unfortunate  construction : 
it  seems  to  intimate  that  this  bond  issue  may  be  of  questionable  validity 
at  the  present  time.  This  construction  is  due  to  the  fact  that  the  section 
purports  by  its  terms  to  make  the  bond  issue  “valid”.  The  only  neces- 
sitv  for  anv  such  recital  as  that  contained  in  the  section  grows  out  of 
the  other  provisions  of  the  article,  which  contain  inclusive  limitations 
affecting  all  appropriations  or  bond  issues  for  canals.  As  the  provision 
has  been  revised  this  possible  misconstruction  has  been  avoided. 

In  the  Constitutional  Amendment  of  1908  the  term  “deep  water¬ 
way”  is  used  to  describe  the  proposed  canal.  The  General  Assembly, 
by  an  Act  approved  June’  18,  1915,  provided  for  “the  construction  of  a 
deep  waterway  or  canal  to  be  known  as  the  Illinois  Waterway”.  This 
act  was  repealed  by  the  Act  of  June  17,  1919,  (Hurd’s  Revised  Statutes. 
Chap.  19,  Sections  76  to  104),  which  is  now  the  law  under  which  the 
work  is  being  carried  on.  The  first  section  of  that  act  provides : 

A  deep  waterway  shall  be  constructed  from  the  water  power 
plant  of  the  Sanitary  District  of  Chicago,  at  or  near  Lockport,  in 
the  township  of  Lockport,  in  the  County  of  Will,  to  a  point  in  the 
Illinois  River  at  or  near  Utica.  Such  waterwav  shall  be  known  as 
“The  Illinois  Waterwav”. 

By  another  act,  also  approved  June  17,  1919,  (Hurd’s  Revised 
Statutes,  Chap.  19,  Section  105  to  117)  the  General  Assembly  provided 
for  the  issuing  of  bonds  to  pay  for  the  canal.  By  Section  1  of  that  act 
the  bonds  were  to  be  issued  “for  the  purpose  of  constructing  a  deep 
waterway”,  the  extent  of  which  is  described  as  in  the  quotation  just 
given;  and  by  Section  2  it  is  provided  that:  “Said  bonds  shall  be  known 
as  Hllinois  Waterway  bonds’  ”.  It  thus  appears  that  the  term  “Illinois 
Waterway”  is  used  in  both  of  the  acts  of  the  General  Assembly  provid¬ 
ing  for  the  canal ;  but  it  also  appears  that  both  of  these  acts  use  the  term 
“deep  waterway”  as  well,  which,  as  already  noted,  is  the  term  used  in  the 


1921.] 


CONSTITUTIONAL  CONVENTION. 


present  Constitution.  There  is  no  reason  why  the  canal  may  not  be 
given  a  special  name  by  statute,  but  for  the  purpose  of  the  Constitution 
ft  seems  best  to  stick  to  the  already  recognized  constitutional  term  deep 
waterway”.  This  term  has  accordingly  been  used  m  the  provision  as 
revised  instead  of  the  term  “Illinois  Waterway  and  its  appurtenances  , 

which  appears  in  the  reference  draft.  , 

Section  2.  This  section  of  the  reference  draft  purports  to  do  onlj 
two  things:  It  permits  the  General  Assembly  to  provide  an  additional 
amount  up  to  ten  million  dollars  for  the  completion  of  the  deep  water- 
wav :  but  any  further  sum  for  an}r  canal  or  waterway  in  the  State  must 
be  approved  at  a  referendum.  In  the  provision  as  leased  these  tv o 
ideas  have  been  expressed  in  a  simpler  and  shorter  form  than  m  the 

reference  draft,  but  without  change  in  meaning. 

Section  3 .  This  section  as  revised  is  intended  to  reenact  the  second 
paragraph  of  “Separate  Section  4”  of  the  present  Constitution,  permit¬ 
ting  the  income  of  a  state  canal  to  be  used  for  its  maintenance  01  exten¬ 
sion.  The  Constitution  of  1870  made  this  provision  applicable  to  “any 
canal,  waterway  or  water  power”  belonging  to  the  State,  while  the  ref¬ 
erence  draft  limits  the  application  of  the  section  to  the  Illinois  AA  Mem 
way  and  its  appurtenances  and  the  Illinois  and  Michigan  Canal  . 
Under  present  conditions  the  same  result  is  accomplished  by  eithei .  ex¬ 
pression,  since  the  two  canals  mentioned  are  in  fact  the  only  canals  now 
owned  by  the  State.  However,  it  is  possible  for  the  General  Assembly 
under  this  proposal  to  provide  in  the  future  for  other  State  ow ned  oi 
State  operated  canals  b}'  securing  approval  from  the  people  at  a  lefeien- 
dum.  If  in  the  future  further  canals  or  waterways  should  be  acquired 
by  fhe  State,  the  provisions  of  this  section  should  apply  to  such  canals 
or  waterways.  Accordingly  the  words  “any  canal  or  waterway”  have 

been  restored  to  the  provision  as  revised. 

Section  U  This  section  also  merely  reenacts  part  of  “Separate  Sec¬ 
tion  4”  of  the  present  Constitution.  In  other  words,  this  section  re¬ 
quires  a  referendum  on  the  sale  or  lease  of  any  state  canal  or  waterw  a.^ 
except  as  otherwise  provided  in  the  article.  The  language  of  the  ref¬ 
erence  draft  has  been  substantially  adopted  in  the  provision  as  revised. 

The  words  “or  integral  part  thereof”  have,  however,  been  added 
after  the  word  “waterway”.  Under  the  language  of  the  reference  draft 
the  question  might  arise  as  to  the  sale  or  lease  of  some  incidental  prop¬ 
erty  owned  by  the  canal  which  would  produce  revenue  for  the  State,  but 
which  would  not  be  of  sufficient  significance  to  justify  a  State-wide  ref¬ 
erendum.  Thus  there  might  be  certain  equipment  which  was  not  used 
because  it  wras  obsolete  or  had  become  useless  for  the  purpose  of  the 
canal.  Under  the  provision  of  the  reference  draft  no  sale  or  lease  of 
such  property  could  be  made  without  a  referendum.  1  here  is  no  reason 
for  making  the  section  applicable  to  insignificant  sales  ol  obsolete  prop¬ 
erty,  or  even  to  the  sale  or  lease  of  incidental  lands  or  property  which 
do  not  make  up  an  integral  part  of  the  canal.  The  word  integral  is 
defined  by  the  Century  Dictionary  as  “belonging  as  a  part  to  the  whole, 
and  not  a  mere  appendage  to  it”.  rI  he  provision  as  thus  revised  con¬ 
tains  an  ample  guarantee  along  the  lines  intended  and  } c I  permits  a 


384 


JOURNAL  OF  THE 


[  Sept.  6,. 


certain  limited  discretion  to  be  exercised  in  regard  to  sales  or  leases  of 
canal  property  witkout  the  expense  or  delay  of  a  State-wide  referendum. 

Section  5.  This  section  is  really  an  exception  to  the  previous  sec¬ 
tion,  since  it  permits  the  General  Assembly  to  lease  the  Illinois  and 
Michigan  Canal  or  any  part  of  it  for  the  particular  purpose  mentioned 
and  under  the  terms  described.  The  section  has  been  incorporated  v.  ith- 
out  substantial  change  in  its  wording  into  Section  2  of  the  proposal  as 
revised. 

Section  6.  This  section  contains  two  provisions:  First,  it  forbids 
any  appropriation  for  the  Illinois  and  Michigan  Canal  except  from  its 
income ;  and  second,  it  contains  a  blanket  provision  forbidding  the  State 
to  use  its  funds  or  credit  in  aid  of  any  canal,  except  as  authorized  in 
the  article.  Both  of  these  provisions  have  been  incorporated  without 
change  in  meaning  into  Section  1  of  the  proposal  as  revised. 

Section  7.  This  section  provides  for  the  revaluation  every  twenty 
years  of  leases  made  under  authority  of  the  article.  The  language  of 
the  reference  draft,  however,  applies  to  leases  for  water  power  or  rail¬ 
way  or  terminal  purposes”.  This  language  is  much  broader  tnan  the 
subject-matter  of  the  article;  properly  construed  it  would  cover  leases 
of  State  property  for  railway  purposes  or  for  any  terminal  purpose  which 
might  be  entirely  disconnected  from  canals  or  waterways.  It  seems  c  ear 
from  the  context  of  this  section  and  the  other  sections  of  the  article  that 
the  provision  here  in  question  was  intended  to  be  applicable  only  to  leases 
made  by  the  State  in  connection  with  its  canals  and  waterways.  Ac¬ 
cordingly  this  section  has  been  consolidated  with  Section  2  of  the  pro¬ 
posal  as  revised,  and  it  has  been  changed  along  the  lines  suggestec . 


Report  No.  14. 


YOUR  committee  on  phrasology  and  style,  to 

WHICH  WAS  REFERRED  A  PROPOSAL  IN  RELATION  TO 
LAND  CREDITS  (INTRODUCTION  NO.  361,  REFERENCE 
NO  10)  AS  AMENDED  IN  COMMITTEE  OF  THE 
WHOLE,  RESPECTFULLY  REPORTS  THAT  IT  HAS  CON¬ 
SIDERED  SUCH  PROPOSAL  AND  HEREWITH  SETS 
FORTH  IN  PARALLEL  COLUMNS  SAID  PROPOSAL  AS 
ADOPTED  IN  COMMITTEE  OF  THE  WHOLE  ON  THE 
LEFT  AND  A  SUBSTITUTE  THEREFOR  AS  RECOM¬ 
MENDED  BY  THIS  COMMITTEE  ON  THE  RIGHT. 


Resolved  That  the  following  shall  become  a  part  of  the  Constitu¬ 


tion  of  Illinois: 

Section  — .  The  General  Assembly 
shall  have  authority  to  provide  for 
the  establishment,  maintenance  and 
administration  of  funds  to  be  loaned 
upon  the  security  of  farm  lands  of 
this  State,  without  reference  to  any 
limitations  elsewhere  contained  in 
this  Constitution.  The  State,  how¬ 
ever,  shall  not  make  any  appropria- 


Section  — .  The  General  Assembly 
may  provide  for  lending  money  upon 
farm  lands  in  the  State,  but  the  act 
providing  therefor  and  amendments 
thereto  shall  be  approved  by  a  ma¬ 
jority  of  those  voting  on  the  ques¬ 
tion  at  a  general  election.  Such 
loans  shall  be  secured  by  mortgages 
or  deeds  of  trust  made  by  those 


1921.] 


CONSTITUTIONAL  CONVENTION. 


385 


tions  or  become  indebted  in  any 
manner  for  the  establishment,  main¬ 
tenance  and  administration  of  such 
funds  unless  the  question  of  making 
such  appropriation  or  incurring  such 
indebtedness  shall  be  submitted  to 
the  voters  at  a  general  election  and 
be  approved  by  a  majority  of  those 
voting  on  the  question.  Such  farm 
loans  shall  be  secured  by  mortgages 
or  deeds  of  trust  and  shall  be  made 
only  to  persons  who  own,  occupy 
and  cultivate  the  lands  pledged  as 
security.  Reasonable  preferences 
may  be  provided  for  honorably  dis¬ 
charged  persons  who  have  served  in 
the  military  or  naval  forces  of  the 
United  States. 

Respectfully  submitted, 

Elam  L.  Clarke,  Chairman. 

Tnos.  Rinaker. 

Charles  B.  T.  Moore. 

E.  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H.  Brewster. 

Committee  on  Phraseology  ancl  Style. 

IN  RE  PROPOSAL  NO.  361. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  361,  being  a  Proposal 

in  Relation  to  Land  Credits. 

This  proposal  would  incorporate  a  new  policy  into  the  Constitution 
of  the  State.  Its  purpose  is  to  permit  the  General  Assembly  to  pass 
legislation  similar  to  the  Federal  Farm  Loan  Act  of  July  17,  1916. 

Since  the  Federal  Act  was  passed  four  states  have  taken  some  legis¬ 
lative  action  in  the  same  direction.  Oregon  adopted  an  amendment  to 
its  Constitution  in  1916  (Article  XIA,  Sections  1-11),  and  passed  a 
statute  (Chap  398,  General  Laws  of  Oregon,  1917),  carrying  the  amend¬ 
ment  into  effect.  Xorth  Dakota  adopted  an  amendment  in  1915.  (Con¬ 
stitution,  Article  IX,  Section  158.)  Kansas  adopted  a  constitutional 
amendment  in  1920.  (Article  XV,  Section  11.)  But  neither  of  these 
latter  states  has  so  far  passed  the  necessary  enabling  legislation.  In 
South  Dakota  legislation  has  been  passed  (Chap.  333,  Laws  of  1917) 
without  a  constitutional  amendment.  Forty-three  states  of  the  Union 
have  so  far  taken  no  action  along  the  lines  of  this  proposal. 

There  is  no  doubt  that  a  constitutional  amendment  is  necessary  in 
Illinois  if  the  State  is  to  extend  its  aid  to  a  program  of  farm  land 
credits.  Article  IX,  Section  5,  of  the  present  Constitution  forbids  the 
State  from  engaging  in  the  banking  business  in  any  manner,  while 
Article  IV,  Section  20,  forbids  the  State  to  lend  its  credit  to  any  cor¬ 
poration,  association  or  individual.  This  proposal  therefore  becomes 
in  one  sense  an  exception  to  each  of  the  constitutional  provisions  just 
mentioned. 

—25  C  J  i 


owning,  occupying  or  cultivating  the 
lands  pledged.  Reasonable  prefer¬ 
ences  concerning  loans  may  be  given 
to  persons  honorably  discharged 
from  the  armed  forces  of  the  United 
States. 


386  JOURNAL  OF  the  [Sept.  6, 

If  the  provisions  of  the  reference  draft  are  analyzed  they  will  he 
found  to  contain  the  following  ideas : 

1.  The  General  Assembly  is  given  specific  authority  to  pro¬ 
vide  for  the  establishment  and  maintenance  of  funds  to  be  used 
for  the  purposes  described  in  the  proposal. 

2.  The  money  is  to  be  loaned  upon  the  security  of  farm  lands 
in  this  State. 

3.  The  State  cannot  appropriate  any  money  or  become  in¬ 
debted  for  this  purpose  without  approval  by  the  people  at  a  refer¬ 
endum. 

4.  The  loans  shall  be  secured  by  mortgages  or  deeds  of  trust. 

5.  The  loans  shall  be  made  only  to  persons  who  own,  occupy 
or  cultivate  the  lands  pledged. 

6.  Beasonable  preference  in  regard  to  loans  may  be  given 
persons  honorably  discharged  from  the  armed  forces  of  the  United 
States. 

The  first  provision  has  been  somewhat  condensed  as  revised  by 
simply  providing  that  the  State  may  lend  money  upon  farm  lands.  It 
is  obvious  that  if  the  State  may  lend  money  it  must  have  the  inherent 
power  to  provide  for  the  “establishment,  maintenance  and  administra¬ 
tion”  of  the  funds  loaned.  The  words  quoted  have  accordingly  been 
dropped. 

The  second  provision  has  been  adopted  in  practically  the  same  words 
as  the  reference  draft. 

If  the  third  provision  is  considered  it  will  be  apparent  from  its  con¬ 
text,  and  from  the  context  of  the  entire  proposal,  that  the  referendum 
intended  is  on  the  question  of  policy  involved,  namely,  whether  the  State 
shall  embark  on  a  program  of  farm  loans.  The  language  of  the  refer¬ 
ence  draft,  however,  does  not  accomplish  this  result,  since  it  provides 
for  a  referendum  on  “appropriations”  or  “indebtedness” — although  these 
matters  chronologically  would  not  come  up  for  consideration  until  after 
the  question  of  policy  has  been  decided.  Accordingly  the  provision  has 
been  revised  to  require  a  referendum  on  the  question  of  policy  here  con¬ 
cerned,  rather  than  on  the  question  of  financing  the  program.  The 
latter  question  is  covered  elsewhere  in  the  Constitution.  The  proposed 
new  Constitution,  Article  IV,  Section  18,  provides  that  no  debt  shall  be 
incurred  by  the  State  (with  certain  exceptions  not  here  concerned) 
unless  the  debt  has  been  approved  in  the  State  at  a  referendum.  Ac¬ 
cordingly  it  will  be  necessary,  under  this  proposal  as  revised,  first,  to 
secure  a  referendum  on  the  question  as  to  whether  the  State  shall  engage 
in  the  business  of  farm  loans,  and  second,  to  secure  a  referendum  on  the 
question  of  incurring  any  State  debt  for  this  purpose. 

Of  course  it  will  be  possible  for  the  General  Assembly  to  appropri¬ 
ate  money  without  a  referendum  if  no  debt  is  to  be  incurred — provided 
the  program  of  farm  loans  has  been  approved  by  the  people.  But  the 
State  can  hardly  embark  on  any  real  scheme  in  this  direction  with  funds 
derived  solely  from  appropriations;  a  bond  issue  is  probably  a  prere¬ 
quisite. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


387 


The  fourth  and  fifth  provisions  of  the  reference  draft  have  been 
revised  in  substantially  the  same  form  as  the  reference  draft. 

The  last  provision  above  outlined  has  also  been  revised  in  a  form 
which  is  obviously  the  same  as  that  of  the  reference  draft,  except  for 
certain  minor  corrections.  The  “preferences”  should  not  be  general  in 
scope,  but  should  be  limited  specifically  to  the  purpose  of  this  proposal. 
Accordingly  the  words  “concerning  loans”  have  been  incorporated  after 
the  word  “preferences.”  The  phrase  “armed  forces  of  the  United  States” 
has  been  substituted  for  the  words  “military  or  naval  forces  of  the 
T  nited  States.  This  change  is  in  line  with  the  consistent  phraseology 
•adopted  by  this  Committee  in  its  previous  reports. 


Report  No.  15. 

YOUR  COMMITTEE  OX  PHRASOLOOY  AND  STYLE,  TO 
WHICH  WAS  REFERRED  SECTION  5  AND  AMENDED 
SECTION  8  OF  PROPOSAL  NO.  374,  A  PROPOSAL  TO  PRO¬ 
VIDE  FOR  HOME  RULE  FOR  MUNICIPALITIES  (REFER¬ 
ENCE  NO.  13)  AS  AMENDED  IN  COMMITTEE  OF  THE 
WHOLE,  RESPECTFULLY  REPORTS  THAT  IT  HAS  CON¬ 
SIDERED  SUCH  PROPOSAL  AND  HEREWITH  SETS 
FORTH  IN  PARALLEL  COLUMNS  SAID  PROPOSAL  IS 
ADOPTED  IN  COMMITTEE  OF  THE  WHOLE  ON  THE 
LEFT,  AND  A  SUBSTITUTE  THEREFOR  AS  RECOM¬ 
MENDED  BY  THIS  COMMITTEE  ON  THE  RIGHT 


Resolved,  That  the  following  shall  become  a  pari  of  the  Constitu¬ 
tion  of  Illinois: 


Section  5.  No  law  shall  be  passed 
by  the  General  Assembly  granting 
the  right  to  construct  or  operate  any 
public  utility  within  any  city,  vil¬ 
lage  or  incorporated  town  requiring 
the  occupation  or  use  of  streets, 
alleys  or  public  ways  by  permanent 
fixtures  or  equipment,  without  re¬ 
quiring  the  consent  of  the  corpor¬ 
ate  authorities. 

Zoning. 

Section  8.  In  aid  of  the  public 
health,  safety,  comfort  and  welfare, 
and  for  the  conservation  of  the  tax¬ 
able  value  of  property  throughout 
the  municipality,  any  city,  village 
or  incorporated  town  may  adopt 
equitable  regulations  governing  the 
character  and  intensity  of  the  use  of 
lot  areas  and  limiting  buildings  and 
structures  of  every  kind  according 
to  their  use  or  construction,  or  both, 
to  specified  districts  of  such  munici¬ 
pality.  Authority  to  adopt  such 
regulations  shall  be  deemed  to  be  in-  I 


Section  5.  The  General  Assembly 
shall  not  grant  the  right  to  occupy 
the  streets  or  public  grounds  of  any 
municipal  corporation  without  its 
consent. 


Zoning. 

Section  8.  Reasonable  regulations, 
which  have  been  or  may  be  made  by 
municipal  corporations,  governing  in 
specified  zones  the  use  and  appear¬ 
ance  of  lands  and  the  character,  use 
and  appearance  of  structures,  shall 
be  valid. 


388 


JOURNAL  OF  THE 


[Sept. 


eluded  within  the  police  power  and 
within  the  powers  of  local  govern¬ 
ment  vested  in  cities,  villages  and 
incorporated  towns  under  this  con¬ 
stitution.  This  provision  shall  apply 
to  any  statute  or  ordinance  hereto¬ 
fore  passed  whose  provisions  are 
within  the  terms  of  this  section. 

Nothing  in  this  provision  shall  be 
construed  to  diminish  in  any  way 
the  police  power  in  the  full  extent 
in  which  it  would  obtain  without 
this  provision. 

Respectfully  submitted, 

Elam  L.  Clarke,  Chairman. 

Thos.  Rinaker. 

Charles  B.  T.  Moore. 

E.  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H.  Brewster. 

Committee' on  Phraseology  and  Style. 

IN  RE  PROPOSAL  NO.  374. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  374,  being  Two 
Sections  From  the  Proposal  in  regard  to 
Home  Rule  for  Municipalities. 

Section  5.  This  section  in  the  form  adopted  hv  the  Committee  of 
the  Whole  somewhat  resembles  Section  4  of  Article  XI  of  the  present 
Constitution;  but  in  effect  the  proposed  section  is  so  much  wider  than 
the  existing  provision  that  it  really  establishes  a  new  policy  in  the  con¬ 
stitutional  law  of  this  State.  Two  things  are  significant  about  the  sec¬ 
tion  as  adopted  in  the  reference  draft : 

1.  The  section  is  transferred  from  the  article  on  Corpora¬ 
tions  to  the  proposal  on  “Home  Kule  for  Cities.” 

2.  The  application  of  the  section  is  enlarged  from  “street  rail¬ 
roads”  to  “any  public  utility.” 

The  Debates  (June  29,  1920,  pp.  28-30)  show,  however,  that  the 
intention  of  the  Convention  was  to  make  the  proposal  even  broader 
than  is  indicated  by  the  reference  draft;  for  it  appears  that  the  real 
intention  of  the  Convention  is  to  make  the  section  applicable  to  any 
individual  as  well  as  any  public  utility  whenever  the  streets  or  public 
grounds  of  a  municipal  corporation  are  put  to  a  special  use.  In  other 
words,  any  corporation  or  person  using  the  streets  or  public  grounds  of 
a  city  for  a  special  use  which  requires  a  franchise,  must  get  the  consent 
of  the  municipal  corporation,  and  such  consent  cannot  be  granted  by 
the  General  Assembly. 

This  policy  is  in  accordance  with  that  adopted  in  a  number  of  other 
states  and  with  the  advancing  tendency  toward  home  rule  which  has  been 
characteristic  of  the  law  in  this  country  during  the  last  decades.  Thus,. 
Alabama,  California,  Colorado,  Kentucky,  Missouri,  North  Dakota,  South 
Dakota  and  Virginia  all  have  constitutional  provisions  which  go  much 


1921.] 


CONSTITUTIONAL  CONVENTION. 


389 


farther  than  that  found  in  the  present  Constitution  of  this  State  and  are 
obviously  in  line  with  the  purpose  of  the  present  proposal  as  indicated 
by  the  Debates  of  this  Convention.  The  most  recent  constitutional  pro¬ 
vision  is  that  found  in  the  Constitution  of  Michigan,  adopted  in  1908, 
where  the  provision  is  as  follows  (Article  VIII,  Section  28)  : 

“No  person,  partnership,  association  or  corporation  operating 
a  public  utility  shall  have  the  right  to  the  use  of  the  highways, 
streets,  alleys  or  other  public  places  of  any  city,  village  or  township 
for  wires,  poles,  pipes,  tracks  or  conduits,  without  the  consent  of  the 
duly  constituted  authorities  of  such  city,  village  or  township;  nor 
to  transact  a  local  business  therein  without  first  obtaining  a  fran¬ 
chise  therefor  from  such  city,  village  or  township.  The  right  of  all 
cities,  villages  and  townships  to  the  reasonable  control  of  their 
streets,  alleys  and  public  places  is  hereby  reserved  to  such  cities, 
villages  and  townships.” 

The  provision  found  in  the  Constitution  of  Virginia,  adopted  in 
1902,  is  as  follows  (Article  VIII,  Section  124)  : 

“No  street  railway,  gas,  water,  steam,  or  electric  heating,  elec¬ 
tric  light  or  power,  cold  storage,  compressed  air,  viaduct,  conduit, 
telephone,  or  bridge  company,  nor  any  corporation,  association,  per¬ 
son,  or  partnership,  engaged  in  these  or  like  enterprises,  shall  be 
permitted  to  use  the  streets,  alleys  or  public  grounds  of  a  city  or 
town  without  the  previous  consent  of  the  corporate  authorities  of 
such  city  or  town.” 

The  provision  found  in  the  Constitution  of  Alabama,  adopted  in 
1901  (Article  XII,  Section  220),  and  that  found  in  the  Constitution 
of  Colorado,  adopted  as  an  amendment  in  1902  (Article  XX,  Section 
4),  are  of  like  import.  The  provisions  found  in  Kentucky,  Missouri, 
North  Dakota  and  South  Dakota  are  interesting  but  are  not  so  recent, 
and  therefore  not  so  comprehensive,  and  need  not  be  quoted  in  this 
memorandum. 

It  will  be  noted  that  all  of  these  provisions  give  to  municipal  cor¬ 
porations  a  large  measure  of  home  rule  in  the  matters  concerned.  The 
revision  of  the  reference  draft  here  suggested  attempts  to  reach  the  same 
result  as  that  secured  by  the  provisions  above  quoted,  but  in  a  more  com¬ 
prehensive  and  yet  simpler  form. 

Something  should  perhaps  be  said  about  some  of  the  detailed 
changes  suggested  by  your  committee.  The  words  “permanent  fixtures 
and  equipment”  were  discussed  at  some  length  in  the  Debates.  (June 
29,  1920,  page  28.)  The  words  are  new  in  constitutional  law  and  in¬ 
troduce  an  uncertain  element.  They  do  not  appear  in  the  Constitution 
of  1870,  nor  can  any  similar  language  be  found  in  the  constitutional 
provisions  of  any  of  the  fifteen  other  states  having  somewhat  similar 
provisions  to  the  one  in  question.  Your  committee  feels  that  the  use  of 
these  words  is  unfortunate,  since  it  cannot  be  said  what  a  “permanent 
fixture”  will  be  held  to  include.  Does  permanent  mean  five  years,  ten 
years,  fifty  years,  or  perpetual?  Your  committee  cannot  answer  these 
questions,  and  believes  that  no  answer  can  be  given — except  the  arbitrary 
answer  which  would  of  course  have  to  be  given  finally  bv  the  court. 


390 


JOURNAL  OF  THE 


[Sept.  6, 


Again,  what  is  meant  by  the  words  “occupy  *  *  *  by  *  *  * 
equipment?”  Of  course  a  street  car  track  and  the  street  cars  resting 
thereon  clearly  come  within  the  meaning  of  these  words.  But  what 
about  a  bus  line  regularly  running  on  the  same  street — does  it  occupy 
the  street  with  its  equipment?  Here  also  a  court  some  day  must  give 
an  arbitrary  answer  to  this  question.  In  view  of  the  uncertainty  of  the 
meaning  of  these  words,  and  in  view  of  the  further  fact  that  no  similar 
words  appear  in  any  other  Constitution,  so  far  as  your  committee  has 
been  able  to  determine,  this  language  has  been  dropped. 

The  word  “occupy”  has  given  your  committee  some  concern.  There 
is  no  doubt  it  was  the  intention  of  the  Convention  to  use  a  word  which 
would  be  applicable  to  the  space  below  as  well  as  above  the  surface  of 
the  ground;  that  is,  the  limitation  should  apply  to  such  a  structure  as 
telephone  wires  or  poles  above  the  ground,  and  also  to  gas  mains  or  con¬ 
duits  below  the  surface  of  the  street.  After  full  consideration  of  this 
point  your  committee  has  retained  the  word  “occupy”  on  the  understand¬ 
ing  that  it  covers  everything  that  was  intended  by  the  Convention.  The 
Century  Dictionary  defines  “occupy”  as  “to  take  possession  of  and  retain 
or  keep ;  enter  upon  the  possession  or  use  of ;  hold  and  use.”  Under  this 
meaning  it  seems  reasonable  to  say  that  not  only  the  surface  of  a  street 
or  other  public  ground,  but  also  the  area  either  under  or  over  the  surface 
is  included.  It  is  in  this  wide  sense  that  your  committee  has  used  the 
word  “occupy.” 

Your  committee  has  also  dropped  the  words  “corporate  authorities.” 
These  words  do  not  appear  in  Section  4  of  Article  XI,  from  which  the 
idea  of  this  section  has  (as  already  stated)  been  taken.  The  words 
there  used  were  “local  authorities.”  In  Section  9  of  Article  IX  of  the 
present  Constitution  the  words  “corporate  authorities”  are  used  in  a 
provision  permitting  the  General  Assembly  to  vest  municipalities  with 
power  to  make  local  improvements  by  special  assessments.  These  words 
as  there  used  gave  rise  to  a  large  amount  of  litigation.  The  words  were 
taken  from  the  Constitution  of  1848,  and  beginning  with  the  case 
Harward  v.  St.  Clair  Drainage  Co.,  51  Ill.  130  (1869),  and  down  to  the 
case  of  People  v.  Bloch,  376  Ill.  386  (1916),  and  People  v.  County  of 
Williamson,  386  Ill.  44  (1918),  these  words  have  given  rise  to  many 
questions  of  interpretation  which  eventually  found  their  way  to  the 
Supreme  Court.  All  of  these  questions  are  avoided  if  these  words  are 
not  used ;  and  yet  no  one  can  fairly  say  that  the  same  guarantee  of  lawful 
action  on  the  part  of  the  municipality  in  question  is  not  secured  by  the 
language  used  in  the  draft  of  your  committee. 

Section  8.  In  order  to  understand  the  purpose  and  scope  of  the 
proposal  on  zoning  it  will  be  helpful  to  consider  in  outline  the  historical 
development  of  the  subject  and  the  experience  of  other  jurisdictions  in 
dealing  with  it. 

The  last  two  decades  have  seen  widespread  interest  developed  in 
the  matters  of  city  planning  and  zoning.  The  well  known  Chicago  Plan 
Commission  need  only  be  mentioned  in  this  connection.  Other  large 
cities,  including  Xew  York,  St.  Louis,  Milwaukee  and  Cleveland,  have 


1921.] 


CONSTITUTIONAL  CONVENTION. 


391 


adopted  more  or  less  systematic  schemes  for  city  planning.  (Debates, 
June  24,  1920,  p.  56.)  This  interest  in  the  subject  has  resulted  in 
legislation  in  a  number  of  states.  The  two  states  having  the  two  largest 
cities  of  the  country  have  passed  rather  elaborate  zoning  acts  within  the 
last  few  years;  New  York  in  1916,  and  Illinois  in  1919.  Massachusetts 
was  the  first  state  (and  so  far  is  the  only  one)  to  adopt  constitutional 
provisions  on  the  subject,  which  it  did  by  amendment  in  1918.  The  Illi¬ 
nois  Act  is  in  many  respects  more  far  reaching  and  more  advanced  than 
any  other  legislation  so  far  adopted;  it  probably  represents  the  best  and 
latest  thought  on  the  subject  from  the  legal  as  well  as  the  civic  and  archi¬ 
tectural  point  of  view.  That  act  authorizes  cities  to  exercise  wide  powers 
of  control  over  land  and  buildings  and  to  regulate  them  in  the  following 
respects : 

1.  To  limit  the  height  of  buildings. 

2.  To  limit  the  “bulk”  of  buildings. 

3.  To  limit  the  lot  area  which  may  be  built  upon. 

4.  To  fix  the  area  of  yards  and  open  spaces. 

5.  To  restrict  the  location  of  trades  and  industries  to  par¬ 
ticular  districts. 

6.  To  exclude  certain  trades  or  industries  from  prescribed  dis¬ 
tricts. 

There  has  been  so  far  no  real  test  of  the.  constitutionality  of  such 
zoning  statutes  as  those  passed  in  New  York  and  Illinois.  The  Debates 
of  the  Convention,  however,  indicate  that  some  doubt  has  arisen  as  to  the 
power  of  the  General  Assembly  in  this  State  to  pass  wide  and  inclusive 
legislation  on  this  subject;  and  that  a  constitutional  provision  is  con¬ 
sidered  necessary.  (Debates,  June  24,  1920,  p.  56.)  It  also  appears 
from  the  discussion  in  the  Convention  that  four  or  five  cities  in  Illinois 
have  already  proceeded  under  the  act  of  1919  and  have  exercised  certain 
powers  granted  by  it.  The  provision  as  adopted  therefore  is  made  retro¬ 
active  for  the  purpose  of  validating  whatever  has  already  been  done  b}r 
cities  operating  under  the  present  Zoning  Act ;  but  the  retroactive  effect 
•  of  the  provision  is  intended  to  be  limited  to  the  purpose  just  mentioned. 

There  is  no  doubt  about  the  trend  of  decisions  in  this  and  other 
states  on  this  general  subject;  it  has  been  toward  the  widening  of  legis¬ 
lative  powers  in  the  matter  of  regulating  land  and  buildings  in  cities. 
California  has  developed  the  matter  of  regulating  industries  and  exclud¬ 
ing  them  ftom  residential  districts  further  than  most  other  states.  The 
case  of  ex  parte  Iladacheck ,  165  California,  416,  affirmed  in  239  U.  S. 
394,  establishes  the  advanced  position  of  that  state  in  this  regard.  Illi¬ 
nois  has  taken  the  lead  in  the  matter  of  billboard  regulations  under 
present  constitutional  provisions,  and  the  case  of  Cusack  v.  Chicago ,  267 
Ill.  344  (1915),  is  the  leading  case  on  the  subject  and  establishes  the 
doctrine  of  liberal  powers  of  control  over  billboards  in  this  State.  Decent 
years  have  witnessed  a  fairly  large  amount  of  litigation  involving  tin's 
entire  subject,  and  there  are  many  important  cases  which  might  bo  dis¬ 
cussed  but  can  only  be  referred  to  in  this  memorandum.  See  for  a 
general  discussion  of  the  subject,  2  Ill.  Law  Bulletin,  497,  and  cases 
there  cited;  see  also  cases  cited  in  Illinois  Constitutional  Convention 


392 


JOURNAL  OF  THE 


[Sept.  6, 


Bulletin,  pp.  485,  486;  see  in  particular  as  to  regulation  of  billboards, 
Massachusetts  Constitutional  Convention  Reports,  Vol.  2,  p.  379,  Bulle¬ 
tin  31.  (See  also  the  following  discussions  and  cases  there  cited:  29 
Harvard  Law  Review,  860,  Aesthetics  and  the  Fourteenth  Amendment; 
20  Harvard  Law  Review  35,  Public  Aesthetics;  11  Ill.  Law  Review  29, 
Present  Legal  Aspect  of  the  Billboard  Problem;  53  National  Corpora¬ 
tion  Reporter  473,  Advertising  and  the  Police  Power;  20  Columbia  Law* 
Review,  591,  Condemnation  of  Property  for  the  Public  Welfare;  20 
Columbia  Law  Review  219,  Note;  Dillon,  Municipal  Corporations,  Vol. 
2,  Sec.  695,  Aesthetic  Considerations.)  These  cases  and  discussions 
show  how  far  the  state  courts  have  progressed  in  recent  years  in  their 
attitude  toward  this  general  subject. 

It  must  be  borne  in  mind  that  any  state  constitutional  provision, 
as  well  as  any  statute  of  a  state,  must  finally  run  the  gauntlet  of  the 
“due  process”  clause  of  the  Federal  Constitution.  But  that  statement 
is  more  academic  than  real,  because  of  the  fact  that  state  constitutional 
provisions  as  to  “due  process”  have  always  been  given  a  much  narrower 
construction  by  state  courts  than  the  same  provision  in  the  Federal  Con¬ 
stitution  has  received  from  the  Federal  Courts.  The  Supreme  Court  of 
the  United  States  is  far  in  advance  of  any  state  court  in  its  definition  of 
“police  power”  and  in  its  interpretation  of  what  that  term  includes.  The 
oft  quoted  words  of  Justice  Holmes,  in  the  case  of  Nolle  State  Bank  v. 
Haskell ,  219  U.  S.  104  (1910),  may  be  cited  as  proof.  He  said  (p. 
Ill)  : 

“It  may  be  said  in  a  general  way  that  the  police  power  extends 
to  all  the  great  public  needs.  Canfield  v.  United  States ,  167  U.  S. 
518.  It  may  be  put  forth  in  aid  of  what  is  sanctioned  by  usage, 
or  held  by  the  prevailing  morality  or  strong  and  preponderant 
opinion  to  be  greatly  and  immediately  necessary  to  the  public  wel¬ 
fare.” 

The  same  court,  in  C.  B.  &  Q.  R.  R.  v.  Drainage  Commissioners, 
200  U.  S.  561  (1906),  had  previously  said  much  the  same  thing: 

“We  hold  that  the  police  power  of  a  state  embraces  regula¬ 
tions  designed  to  promote  the  public  convenience  or  the  general 
prosperity,  as  well  as  regulations  designed  to  promote  the  public 
health,  the  public  morals  or  the  public  safety.” 

No  state  court  has  gone  to  anything  like  the  same  length  as  the 
United  States  Supreme  Court  in  advancing  the  powers  of  regulation 
included  within  the  term  “police  power.”  It  follows  therefore  that  in 
spite  of  the  tendency  of  state  courts  to  give  a  wider  and  wider  construc¬ 
tion  to  existing  constitutional  limitations  affecting  these  matters,  there 
is  a  real  necessity  for  amending  present  state  constitutions  before  the 
legislatures — and  through  them  the  cities — will  have  ample  power  in 
regard  to  city  planning  and  zoning.  In  other  words,  it  is  only  by  amend¬ 
ment  that  state  constitutions  as  construed  by  state  courts  can  be  made 
as  wide  and  comprehensive  as  the  Federal  Constitution.  Such  is  the 
conclusion  reached  in  Massachusetts,  where  the  Constitution  has  already 
been  amended;  such  is  the  conclusion  reached  in  Pennsylvania,  where  a 


1921.] 


CONSTITUTIONAL  CONVENTION. 


393 


constitutional  provision  is  proposed ;  and  such  is  the  necessary  conclusion 
to  be  drawn  from  the  action  of  the  present  Convention. 

In  order  to  assist  in  understanding  the  proposal  adopted  by  this 
Convention,  there  are  given  below  the  constitutional  amendments  adopted 
in  Massachusetts,  and  also  the  provision  proposed  by  the  recent  com¬ 
mission  appointed  to  revise  the  Constitution  of  Pennsylvania.  The  first 
amendment  adopted  in  Massachusetts  in  1918  is  as  follows: 

“Article  71.  The  General  Court  shall  have  power  to  limit 
buildings  according  to  their  use  or  construction  to  specified  districts 
of  cities  and  towns.” 

It  should  be  noted  that  this  provision  is  short  and  concise,  its  obvious 
purpose  being  merely  to  untie  the  hands  of  the  General  Court.  In  com¬ 
parison  with  this  provision  the  proposal  as  adopted  in  the  reference 
draft  is  cumbersome  and  unwieldy. 

At  the  same  time  Massachusetts  adopted  another  amendment,  which 
by  a  proper  wording  might  have  been  included  within  Article  71.  This 
amendment  affects  only  billboards,  etc*.,  and  is  as  follows : 

“Article  72.  Advertising  on  public  ways,  in  public  places  and 
on  private  property  within  public  view  may  be  regulated  and  re¬ 
stricted  by  law.” 

Here  again  it  will  be  noted  that  the  provision  is  short  and  inclusive 
and  merely  removes  existing  constitutional  limitations  on  the  legislature. 
The  provision  is  important  because  it  is  a  definite  grant  of  power  to 
regulate  land  and  buildings  for  purely  “aesthetic”  reasons. 

Massachusetts  has  adopted  a  further  amendment  in  this  connection, 
which  goes  definitely  outside  the  recognized  domain  of  “police  power” 
as  previously  understood — that  is,  quite  beyond  matters  concerned  with 
public  health,  morals,  comfort  or  safety.  The  provision  concerns  itself 
with  matters  of  “historical  or  antiquarian  interest”  where  the  public  is 
concerned.  The  provision  is  as  follows: 

Article  73.  The  preservation  and  maintenance  of  ancient 
landmarks  and  other  property  of  historical  or  antiquarian  interest 
is  a  public  use,  and  the  commonwealth  and  the  cities  and  towns 
therein  may,  upon  payment  of  just  compensation,  take  such  property 
or  any  interest  therein  under  such  regulations  as  the  General  Court 
may  prescribe.” 

It  will  thus  be  noted  that  Massachusetts  has  an  amendment  concern¬ 
ing  itself  with  purely  “aesthetic’  matters,  and  still  another  amendment 
concerning  itself  with  matters  even  more  remote  from  the  domain  of 
police  power”  as  that  subject  has  been  construed  in  the  past.  It  is 
ob\  ious  therefore  that  Massachusetts  has  taken  an  advanced  position  in 
its  Constitution  in  the  matters  here  concerned. 

The  only  other  state  which  so  far  has  considered  the  matter  of  zon¬ 
ing  and  city  planning  from  the  point  of  view  of  its  Constitution  is 
Pennsylvania.  The  proposed  new  Constitution  for  that  state,  submitted 
to  the  General  Assembly  in  January  of  this  year  (1921),  contains  a 
provision  as  follows : 

“Article  XIII,  Section  24.  Zoning  of  Municipalities.  Munici¬ 
palities  may  be  authorized  by  law  to  promote  the  general  welfare  by 


394 


JOURNAL  OF  THE 


[Sept.  6, 


regulating  the  location,  size  and  use  of  buildings.  For  the  purpose 
of  such  regulations,  a  municipality  may  divide  its  territory  into 
districts,  to  each  of  which  special  regulations  may  be  applied.” 

Here  again  it  will  be  noted  that  the  provision  is  short  and  concise 
compared  to  the  proposal  of  the  reference  draft.  The  Pennsylvania 
provision,  like  those  adopted  in  Massachusetts,  merely  removes  the  limi¬ 
tations  which  now  hamper  the  legislature;  while  the  reference  draft 
attempts  to  go  into  detail  and  specify  the  reasons  for  the  provision,  as 
well  as  the  extent  to  which  it  may  be  applied. 

It  should  be  noted  on  the  other  hand,  that  in  one  respect  the  pro¬ 
vision  as  adopted  in  the  reference  draft  is  in  advance  of  the  Massa¬ 
chusetts  Constitution  or  the  proposed  provision  in  Pennsylvania.  In  the 
two  latter  states  the  power  is  delegated  to  the  General  Assembly,  which 
in  turn  may  grant  it  in  either  full  or  restricted  form  to  cities;  while 
in  Illinois  the  proposal  would  grant  full  power  of  control  direct  to  cities 
without  the  intermediation  of  the  General  Assembly. 

In  conclusion  it  may  be  said  that  the  revision  of  the  reference  draft 
here  suggested  contains  all  of  the  ideas  which  are  necessary  to  be  ex¬ 
pressed  in  the  Constitution.  As  revised  the  provision  has  been  much 
reduced  in  length  and  has  been  brought  in  line  with  the  theory  adopted 
in  the  provisions  found  in  the  Constitution  of  Massachusetts  and  recently 
proposed  in  Pennsylvania.  That  is,  the  provision  merely  removes  exist¬ 
ing  constitutional  limitations  and  wipes  out  existing  decisions  of  the 
courts.  For  it  should  be  repeated  that  it  is  only  because  of  these  two 
restrictions  that  any  constitutional  provision  is  necessary. 


Report  No.  16. 

YOUE  COMMITTEE  ON  PHEASEOLOGY  AND  STYLE,  TO 
WHICH  WAS  EE  FEE  EE  D  A  PEOPOSAL  ENTITLED  CHI¬ 
CAGO  AND  COOK  COUNTY  (INTEODUCTION  NO.  385, 
EEFEEENCE  NO.  17),  AS  AMENDED  IN  COMMITTEE 
OF  THE  WHOLE,  EESPECTFULLY  EEPOETS  THAT  IT 
HAS  CONSIDEEED  SUCH  PEOPOSAL  AND  HEEEWITH 
SETS  FOETH  IN  PAEALLEL  COLUMNS  AETICLE  II  OF 
SAID  PEOPOSAL  AS  ADOPTED  IN  COMMITTEE  OF  THE 
WHOLE  ON  THE  LEFT,  AND  A  SUBSTITUTE  THEEEFOE 
AS  EECOMMENDED  BY  THIS  COMMITTEE  ON  THE 
EIGHT. 

Eesolved,  That  the  following  shall  become  a  part  of  the  Constitu¬ 
tion  of  Illinois: 


AETICLE  II. 

COUNTY  OF  COOK. 


Section  1.  The  county  affairs  of 
Cook  County  shall  be  managed  by 
a  board  of  commissioners  of  fifteen 
persons,  ten  of  whom  shall  be  elected 
from  the  city  of  Chicago,  and  five 
from  towns  outside  of  said  city. 


Section  1.  The  county  business  of 
the  County  of  Cook  shall  be  trans¬ 
acted  by  a  board  of  fifteen  commis¬ 
sioners,  ten  of  whom  shall  be  elected 
from  the  city  of  Chicago,  and  five 
from  the  rest  of  the  county. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


395 


Section  2.  There  shall  he  elected 
in  Cook  County  the  following  county 
officers  at  the  general  election  to  be 
held  on  the  Tuesday  after  the  first 
Monday  of  November,  1922,  and  each 
four  years  thereafter,  a  county  clerk, 
a  county  treasurer,  a  sheriff,  and  at 
the  general  election  to  be  held  on  the 
Tuesday  after  the  first  Monday  of 
November,  1924,  and  each  four  years 
thereafter,  a  coroner,  a  clerk  of  the 
circuit  court  and  a  recorder  of  deeds. 
Each  of  said  officers  shall  enter  upon 
the  duties  of  his  office  respectively 
on  the  first  Monday  of  December 
after  his  election,  and  they  shall 
hold  their  respective  offices  for  the 
term  of  four  years  and  until  their 
successors  are  elected  and  have  qual¬ 
ified,  provided  that  no  person  hav¬ 
ing  once  been  elected  to  the  office  of 
treasurer  shall  be  eligible  to  re-elec¬ 
tion  to  said  office  for  four  years  after 
the  expiration  of  the  term  for  which 
he  shall  have  been  elected. 

Section  3.  The  clerks  of  all  courts 
of  record,  the  treasurer,  sheriff, 
coroner  and  recorder  of  deeds  of 
Cook  County  shall  receive  as  their 
only  compensation  for  their  services, 
salaries  to  be  fixed  by  law  which 
shall  in  no  case  be  as  much  as  the 
lawful  compensation  of  a  judge  of 
the  circuit  court  of  said  county.  The 
number  of  deputies  and  assistants 
of  such  officers  shall  be  determined 
by  rule  of  the  circuit  court  to  be 
entered  of  record  and  their  compen¬ 
sation  shall  be  determined  by  the 
county  board. 

Section  4.  The  General  Assembly 
shall  by  law  provide  for  and  regu¬ 
late  the  fees  of  all  county  officers 
of  Cook  County.  All  fees,  allow¬ 
ances  and  emoluments  and  all  inter¬ 
est  on  public  funds  shall  be  paid  into 
the  county  treasury  at  least  monthly. 
The  compensation  of  any  elective 
county  officer  shall  not  be  increased 
or  diminished  during  his  term  of 
office. 

Section  5.  Every  county  officer  of 
Cook  County  shall  make  reports 
under  oath  at  least  semi-annually  of 
all  fees,  allowances,  emoluments  and 
all  interest  on  public  funds  received 
by  him,  as  may  be  required  by  law. 


Section  2.  In  the  County  of  Cook 
there  shall  be  elected  in  1922,  a 
sheriff,  a  county  clerk,  and  a  treas¬ 
urer  who  shall  be  ex-officio  collector 
of  taxes;  and  in  1924  a  coroner  and 
a  recorder  of  deeds.  The  term  of 
every  such  officer  shall  be  four  years 
from  the  first  Monday  of  December 
after  his  election.  No  elected  treas¬ 
urer  shall  succeed  himself. 


Section  3.  The  officers  named  in 
the  preceding  section  and  the  clerks 
of  all  courts  of  record  in  the  county 
shall  each  receive,  as  his  sole  com¬ 
pensation,  a  salary  to  be  fixed  by 
law.  Such  salary  shall  be  less  than 
the  compensation  of  a  judge  of  the 
circuit  court  of  the  county.  The 
circuit  court,  by  rule  entered  of 
record,  shall  determine  the  number, 
and  the  county  board  shall  deter¬ 
mine  the  compensation,  of  deputies 
and  assistants  of  all  such  officers. 


Section  4.  The  fees  of  all  officers 
of  the  county  shall  be  regulated  by 
law.  Each  officer  shall  make  a  semi¬ 
annual  report  under  oath,  of  all 
money  and  interest  thereon  received 
by  him,  and  every  month  shall  pay 
such  money  and  interest  into  the 
county  treasury. 


(Combined  with  Section  4.) 


396 


JOURNAL  OF  THE 


[Sept.  G. 


Section  6.  Except  as  otherwise 
provided  in  this  article,  the  County 
of  Cook  shall  not  be  divided  nor  any 
territory  be  added  to  it,  nor  any 
territory  taken  from  it,  unless  such 
question  shall  be  submitted  to  a  vote 
of  the  people  of  the  county  and  a 
majority  of  the  electors  of  the  county 
voting  on  the  question  shall  vote  for 
the  same.  No  territory  shall  be 
taken  from  the  County  of  Cook  un¬ 
less  a  majority  of  the  electors  of 
such  territory  voting  on  the  ques¬ 
tion  shall  vote  for  the  same.  Any 
territory  taken  from  the  county  shall 
be  holden  for  and  obliged  to  pay  its 
proportion  of  the  indebtedness  of  the 
county. 

Section  7.  The  General  Assembly, 
notwithstanding  sections  one,  two, 
and  three  of  this  article,  may  enact 
laws  for  the  organization  and  con¬ 
duct  of  the  government  of  the  County 
of  Cook,  which  shall  become  effec¬ 
tive  when  submitted  to  the  electors 
thereof  and  approved  by  a  majority 
of  those  voting  thereon. 

Section  8.  The  General  Assembly 
may  enact  any  law  or  laws  to  pro¬ 
vide  for  consolidating  and  vesting, 
in  whole  or  in  part,  in  the  munici¬ 
pal  government  of  the  city  of  Chi¬ 
cago  the  powers  now  or  hereafter 
vested  in  the  County  of  Cook  and 
the  officers  thereof  and  exercised 
within  the  territory  now  or  here¬ 
after  embraced  within  the  limits  of 
the  city.  And  such  law  may  pro¬ 
vide  for  the  exercise  in  such  other 
manner  as  the  General  Assembly 
may  prescribe  of  any  such  powers 
of  the  county  and  of  its  officers  not 
so  vested  in  the  city  and  may  abolish 
the  County  of  Cook  within  the  pres¬ 
ent  or  future  limits  of  the  city. 
Any  such  law  shall  provide  for  ap¬ 
portioning  or  otherwise  adjusting 
the  rights,  powers,  debts  and  liabili¬ 
ties  of  the  county  and  may  provide 
for  their  transfer  to  and  assump¬ 
tion  by  said  city,  in  whole  or  in 
part. 

Any  such  law  may  also  provide 
that,  in  the  event  of  such  consolida¬ 
tion  becoming  effective,  the  powers 
or  any  of  them,  now  or  hereafter 
vested  in  the  County  of  Cook  and 
the  officers  thereof  and  exercised 
within  the  territory .  lying  beyond 
the  present  or  future  limits  of  said 
city,  shall  be  exercised  in  such  man- 


Section  5.  The  county  shall  not 
be  changed  in  area  unless  the  change 
is  approved  by  a  majority  of  those 
voting  on  the  question  in  the  county 
and  in  each  part  affected.  Any  teri- 
tory  taken  from  the  county  shall  be 
liable  for  its  proportion  of  the  county 
debt. 


Section  6.  The  organization  and 
government  of  the  county  prescribed 
by  this  article  shall  not  be  changed 
by  law  unless  the  change  is  approved 
by  a  majority  of  the  voters  of  the 
county  voting  on  the  question. 


Section  7.  The  General  Assembly 
may  consolidate  with  the  City  of 
Chicago  the  portion  of  the  County  of 
Cook  lying  within  the  city.  Any 
such  laws  shall  adjust  the  powers, 
offices,  rights  and  liabilities  of  the 
county  (both  in  the  portion  within 
the  city  and  in  the  portion  outside 
the  city)  and  may  either  devolve 
them  in  whole  or  part  upon  the  city, 
or  provide  otherwise  for  their  ex¬ 
ercise  and  assumption.  Whenever  the 
entire  powers  of  any  office  are  taken 
away,  the  office  shall  be  abolished. 

No  such  law  shall  take  effect  until 
approved,  both  in  the  City  of  Chi¬ 
cago  and  in  the  portion  of  the  county 
lying  outside  the  city,  by  a  majority 
of  those  voting  on  the  question. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


397 


ner  and  by  such  county  or  other  of¬ 
ficers  as  the  General  Assembly  shall 
prescribe.  Whenever  the  exercise  *of 
the  powers  of  any  county  officer  shall 
be  otherwise  disposed  of  the  office 
shall  be  abolished. 

No  law  based  upon  this  section 
shall  become  effective  until  sub¬ 
mitted  to  the  legal  voters  of  the 
city  of  Chicago  and  also  to  the  legal 
voters  of  the  territory  of  the  county 
lying  beyond  the  limits  of  said  city 
and  is  approved  in  each  case  by  a 
majority  of  those  voting  upon  the 
question. 

After  any  such  consolidation  be¬ 
comes  effective,  any  law  enacted 
thereafter  affecting  only  the  city 
of  Chicago,  or  only  the  territory 
lying  beyond  the  limits  of  said  city, 
may  become  effective  if  submitted 
only  to  the  legal  voters  of  said  city 
or  to  the  legal  voters  of  said  terri¬ 
tory  and  approved  in  either  case  by 
a  majority  of  those  voting  upon  the 
question. 


Respectfully  submitted, 

Elam  L.  Clarke,  Chairman. 
Thos.  Rinaker. 

Charles  B.  T.  Moore. 

E.  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H.  Brewster. 

Committee  on  Phraseology  and  Style. 

IN  RE  PROPOSAL  NO.  385. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Repprt  on  Proposal  No.  385,  being  a  Proposal 
entitled,  Chicago  and  Cook  County. 


ARTICLE  II. 


COUNTY  OF  COOK. 


Section  7.  This  section  in  the  reference  draft  is  taken  without 
change  from  Section  7,  Article  X,  of  the  present  constitution ;  except 
that  the  phrase  ‘in  such  manner  as  may  be  provided  by  law,”  which 
appears  at  the  end  of  the  section  in  the  present  constitution,  has  been 
dropped  by  this  Convention. 

In  the  section  as  revised  the  words  "county  affairs”  have  been 
changed  to  "county  business”  because  the  latter  phrase  is  used  in  Sec¬ 
tion  6  of  the  Article  on  Counties  of  the  present  Constitution,  and  in 
Section  5  of  the  proposal  on  Counties  adopted  by  this  Convention.  The 
managed”,  where  it  appears  in  the  reference  draft,  has  been 
changed  to  “transacted”  for  the  same  reasons.  It  is  obvious  that  con- 


398 


[Sept.  P, 


JOURNAL  OF  THE 

sistent  language  should  be»  used  in  speaking  of  counties,  whether  the 
provision  has  to  do  with  the  County  of  Cook  or  is  found  in  the  Article 
on  Counties. 

The  last  phrase  of  the  section  has  been  somewhat  revised  to  avoid 
the  use  of  the  words  “said  city”. 

Xo  other  changes  have  been  made  in  the  section  as  it  appears  in 
the  reference  draft. 

Section  2.  This  section  has  no  corresponding  section  in  the  present 
Constitution;  it  is  a  duplication  of  Section  8,  Article  X,  but  is  made 
applicable  only  to  the  County  of  Cook. 

The  section  has  been  revised  to  conform  to  the  language  used  in 
the  revision  of  Section  6  of  the  proposal  on  Counties.  The  discussion 
there  given  explains  in  detail  the  reasons  for  the  changes  made  in  the 
language  of  the  reference  draft.  It  is  probable  that  on  the  second  ref¬ 
erence  to  this  Committee  this  section  will  be  consolidated  with  Section 
6  of  the  proposal  on  Counties,  since  the  two  provisions  overlap. 

Section  3.  This  section  also  is  a  new  one,  there  being  no  similar 
provision  in  the  present  Constitution.  If  the  section  is  analyzed  it  will 
be  found  to  contain  the  following  ideas : 

1.  The  clerks  of  courts  of  record  and  the  other  county  officers 
shall  be  paid  salaries. 

2.  The  salaries  shall  be  fixed  by  law. 

3.  The  salaries  shall  be  less  than  the  compensation  of  a  judge 
of  the  Circuit  Court  of  the  County. 

4.  The  Circuit  Court  of  the  County  shall  determine  the  num¬ 
ber  of  deputies  and  assistants  of  these  officers. 

5.  The  court  shall  enter  a  rule  of  record  concerning  its  find¬ 
ing  in  regard  to  the  last  provision. 

6.  The  compensation  of  such  deputies  and  assistants  shall  be 
fixed  by  the  county  board. 

In  the  section  as  revised  the  sentence  structure  has  been  somewhat 
rearranged  for  purposes  of  clarity.  But  otherwise  the  reference  draft 
remains  unchanged. 

Sections  U  and  5.  These  two  sections  also  are  new,  there  being  no 
corresponding  sections  in  the  present  Constitution. 

The  last  sentence  of  Section  4  has  been  dropped  because  it  is  covered 
by  a  general  provision  applicable  to  all  officers  in  this  State,  which  is  to 
be  incorporated  in  some  other  part  of  the  Constitution,  preferably  in  an 
article  on  “Officers”.  (See  Judiciary  Proposal,  Section  52.) 

The  rest  of  Section  4  and  Section  5  is  concerned  with  the  subject  oi 
fees  collected  by  the  county  officers  in  Cook  County.  The  two  sections 
contain  three  ideas: 

1.  The  fees  collected  by  these  officers  shall  be  regulated  by  law. 

2.  Such  fees  shall  be  paid  monthly  into  the  county  treasury. 

3.  Each  officer  shall  make  a  semi-annual  report  under  oath 
as  to  the  fees  received  by  him. 

The  first  provision  has  been  incorporated  into  the  first  sentence  of 
Section  4  as  revised.  The  second  and  third  provisions  above  outlined 
have  been  incorporated  into  the  second  sentence  of  Section  4  as  revised, 
since  these  two  ideas  can  logically  be  expressed  in  a  single  sentence. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


399 


The  section  as  revised  will  be  found  to  contain  all  of  the  ideas 
expressed  in  the  reference  draft,  with  the  exception  of  the  provision  that 
has  been  dropped,  as  explained  above. 

Section  6.  This  section  is  also  new,  since  there  is  no  similar  sec¬ 
tion  in  the  present  Constitution. 

The  language  of  the  section  has  been  revised  to  correspond  with 
the  language  used  in  Section  2  of  the  proposal  on  Counties  as  revised. 
The  discussion  there  given  will  explain  the  detailed  changes  in  language 
which  are  made  in  the  section  here  under  discussion. 

This  section,  like  Section  2  above,  will  no  doubt  be  consolidated 
with  the  corresponding  section  in  the  proposal  on  Counties  upon  the 
second  reference  to  this  Committee. 

Section  7.  This  section  is  also  a  new  one,  there  being  no  similar 
provision  in  the  present  Constitution. 

The  section  corresponds  to  Section  8  of  the  proposal  on  Counties. 
The  language  of  the  section  as  revised  has  been  made  consistent  with 
the  language  of  the  section  in  the  Counties  proposal.  The  discussion 
there  given  will  explain  in  detail  the  reasons  for  the  detailed  changes 
made  in  the  language  of  the  section  here  under  discussion. 

Section  8.  This  section  is  a  new  one,  and  it  has  been  made  neces¬ 
sary  by  the  provisions  incorporated  in  Article  I  of  the  proposal  on  Chi¬ 
cago  and  Cook  County,  having  to  do  with  the  consolidation  of  local 
governments. 

The  section  has  been  revised  in  less  than  one-half  the  number  of 
words  of  the  reference  draft,  but  without  change  in  meaning. 

It  is  obvious  that  considerable  overlapping  occurs  in  the  language 
of  this  article  and  the  language  of  the  proposal  on  Counties.  Your 
Committee  has  accordingly  reserved  final  consideration  “of  the  language 
used  in  this  report  until  the  various  articles  of  the  Constitution  are 
referred  to  this  Committee  on  second  reference. 


Report  No.  17. 


YOUR  COMMITTEE  ON  PHRASEOLOGY  AND  STYLE.  TO 
WHrCH  WAS  REFERRED  A  PROPOSAL  RELATIVE  TO 
COUNTIES  (INTRODUCTION  NO.  362,  REFERENCE  NO.  7) 
AS  AMENDED  IN  COMMITTEE  OF  THE  WHOLE,  RE¬ 
SPECTFULLY  REPORTS  THAT  IT  HAS  CONSIDERED 
SUCH  PROPOSAL  AND  HEREWITH  SETS  FORTH  IN 
PARALLEL  COLUMNS  SAID  PROPOSAL  AS  ADOPTED  IN 
COMMITTEE  OF  THE  WHOLE  ON  THE  LEFT,  AND  A  SUB¬ 
STITUTE  THEREFOR  AS  RECOMMENDED  BY  THIS  COM¬ 
MITTEE  ON  THE  RIGHT. 


Resolved,  That  the  following  shall  become  a  pari  of  the  Const  ela¬ 


tion  of  Illinois: 

Section  1.  No  new  county  shall  be 
formed  or  established  by  the  Gen¬ 
eral  Assembly,  which  will  reduce  the 
county  or  counties,  or  either  of  them, 


Section  8.  No  county  shall  be  so 
created  or  reduced  as  to  contain  less 
than  four  hundred  square  miles,  nor 
shall  any  part  of  a  county  within 


400 


JOURNAL  OF  THE  [Sept.  6. 


from  which  it  shall  be  taken,  to  less 
contents  than  four  hundred  square 
miles;  nor  shall  any  county  be 
formed  of  less  contents;  nor  shall 
any  line  thereof  pass  within  less 
than  ten  miles  of  any  county  seat 
of  the  county  or  counties  proposed 
to  be  divided. 

Section  2.  No  county  shall  be  di¬ 
vided  nor  any  territory  be  added  to, 
or  taken  from  any  county,  unless 
such  question  shall  be  submitted  to 
a  vote  of  the  people  of  each  county 
affected  and  a  majority  of  the  elec¬ 
tors  of  each  county  affected  voting 
on  the  question  shall  vote  for  the 
same. 

No  territory  shall  be  taken  from 
any  county,  unless  a  majority  of  the 
electors  of  su^h  territory,  voting  on 
the  question  shall  vote  for  the  same. 

The  territory  taken  from  a  county 
shall  be  holden  for  and  obliged  to 
pay  its  proportion  of  the  indebted¬ 
ness  of  the  county  from  which  it 
has  been  taken. 

Section  3.  No  county  seat  shall 
be  removed  until  the  point  to  which 
it  is  proposed  to  be  removed  shall 
be  fixed  in  pursuance  of  law,  and 
three-fourths  of  the  voters  of  the 
county,  voting  on  such  question, 
shall  have  voted*  in  favor  of  its  re¬ 
moval  to  such  point;  and  no  person 
shall  vote  on  such  question  who  has 
not  resided  in  the  county  six  months, 
and  in  the  election  precinct  ninety 
days  next  preceding  such  election. 
The  question  of  the  removal  of  a 
county  seat  shall  not  be  submitted 
oftener  than  once  in  ten  years,  to  a 
vote  of  the  people. 

Section  4.  Any  county  now  or 
hereafter  organized  under  a  Board 
of  Commissioners  may  organize 
under  township  organization  when¬ 
ever  a  majority  of  votes  cast  upon 
such  question  in  such  county  shall 
so  determine;  and  any  county  now 
or  hereafter  organized  under  town¬ 
ship  organization  may  organize 
under  a  board  of  commissioners 
whenever  a  majority  of  all  the  votes 
cast  upon  such  question  in  such 
counties  shall  so  determine  and  the 
election  upon  such  questions  shall  be 
submitted  to  a  vote  of  the  electors 
of  any  county  at  a  general  election 
in  the  manner  provided  by  law;  and 


ten  miles  of  its  seat  be  taken  for  a 
new  county. 


Section  9.  No  county  shall  be 
changed  in  area  unless  the  change 
is  approved  by  a  majority  of  those 
voting  on  the  question  in  the  county 
and  each  part  affected.  Any  terri¬ 
tory  taken  from  a  county  shall  be 
liable  for  its  proportion  of  the  debt 
of  such  county. 


Section  10.  No  county  seat  shall 
be  removed  unless  three-fourths  of 
those  voting  on  the  question  shall 
approve  the  removal  to  the  place 
designated  and  no  person  shall  vote 
unless  he  has  resided  in  the  election 
precinct  ninety  days  and  in  the 
county  six  months  next  preceding 
the  election.  Such  question  shall 
not  be  submitted  oftener  than  once 
in  ten  years. 


Section  7.  No  county  may  aban¬ 
don  or  adopt  any  form  of  organiza¬ 
tion  unless  a  majority  of  those  vot¬ 
ing  on  the  question  shall  approve 
the  change. 


1921.] 


CONS  TIT  UTIONAL  CONVEX  TION. 


401 


the  affairs  of  counties  shall  be  trans¬ 
acted  under  the  respective  organiza- 
tions  as  the  General  Assembly  may 
provide. 

Section  5.  There  shall  he  elected 
at  the  general  election  on  the  Tues- 
day  after  the  first  Monday  in  Novem¬ 
ber,  1922,  and  every  four  years  there¬ 
after  in  each  of  the  counties  in  this 
State,  not  under  township  organiza¬ 
tion,  three  officers  who  'shall  be 
styled  “The  Board  of  County  Com¬ 
missioners”,  who  shall  hold  sessions 
for  the  transaction  of  county  busi¬ 
ness  as  shall  be  provided  by  law. 
The  term  of  every  such  officer  elected 
prior  to  the  year  1922,  shall  expire 
on  the  first  Monday  of  December, 
1922. 

Section  6.  In  each  county  there 
shall  be  elected  the  following  county 
officers,  at  the  general  election  to 
be  held  on  the  Tuesday  after  the 
first  Monday  in  November,  1922,  and 
every  four  years  thereafter,  a  county 
clerk,  who  shall  also  be  clerk  of  the 
county  court;  a  county  treasurer 
who  shall  be  ex-officio  collector  of 
taxes,  and  a  sheriff;  and  at  the  gen¬ 
eral  election  to  be  held  on  the  Tues¬ 
day  after  the  first  Monday  in  No¬ 
vember,  1924,  and  every  four  years 
thereafter,  a  coroner,  a  clerk  of  the 
circuit  court,  who  shall  be  ex-officio 
recorder  of  deeds  in  counties  having 
less  than  60,000  inhabitants,  and  a 
recorder  of  deeds  in  counties  having 
60,000  and  more*  inhabitants.  There 
shall  also  be  a  county  assessor,  who 
shall  be  selected  as  the  General  As¬ 
sembly  may  direct.  Provided,  that 
no  person  having  once  been  elected 
to  the  office  of  treasurer  shall  be 
eligible  to  said  office  for  four  years 
after  the  expiration  of  the  term  for 
which  he  shall  have  been  elected. 

Section  7.  The  county  board  of 
and  for  each  county  shall  fix  the 
compensation  of  all  county  officers 
named  in  this  article  and  all  statu¬ 
tory  county  officers,  the  number  and 
compensation  of  their  deputies  and 
assistants,  and  the  same  shall  be 
paid  by  the  county  treasurer  upon 
the  warrant  or  order  of  the  County 
Board. 


Section  2.  Counties  not  under 
township  organization  shall  elect,  in 
1922,  three  commissioners  who  shall 
transact  the  county  business  as  pro¬ 
vided  by  law. 


Section  1.  In  each  county  there 
shall  be  elected  in  1922,  a  sheriff, 
a  county  clerk  who  shall  be  clerk 
of  the  county  court,  and  a  treasurer 
who  shall  be  ex-officio  collector  of 
taxes;  and  in  1924,  a  coroner,  and 
a  clerk  of  the  circuit  court  who  shall 
be  ex-officio  recorder  of  deeds,  ex¬ 
cept  in  counties  of  sixty  thousand 
or  more  population,  where  a  re¬ 
corder  of  deeds  shall  be  elected.  In 
each  county  there  shall  be  an  as¬ 
sessor,  to  be  selected  as  the  General 
Assembly  may  provide.  No  elected 
treasurer  shall  succeed  himself. 


Section  3.  The  County  Board 
shall  fix  the  compensation  of  all 
officers  named  in  this  article  and  of 
all  statutory  county  officers,  and  the 
number  and  compensation  of  their 
employes.  The  County  Treasurer 
shall  pay  such  compensation  upon 
the  order  of  the  County  Board. 


Section  8.  The  General  Assembly  I-  Section  6.  The  organization  and 
notwithstanding  the  provisions  of  government  of  counties  as  required 

Sections  4  to  7  both  inclusive  of  by  this  article  may  be  changed  by 

—26  C  .1 


402 


JOURNAL  OF  THE 


o 


[Sept. 


o% 


this  article,  may  enact  laws  uniform 
as  to  classes  of  counties  for  the  or< 
ganization  and  government  of  coun¬ 
ties,  which  shall  become  effective  in 
any  county  when  submitted  to  the 
electors  thereof  and  approved  by  a 
majority  of  those  voting  thereon, 
and,  whenever  so  approved  shall 
supersede  the  organization  and  gov- 
eminent  and  offices  jjreviously  ex¬ 
isting  therein,  and  the  affairs  of  such 
county  shall  thereafter  be  transacted 
in  such  manner  as  the  General  As¬ 
sembly  may  provide. 

Section  9.  The  General  Assembly 
shall,  by  general  and  uniform  law, 
provide  for  and  regulate  the  fees  of 
all  county  and  township  officers.  All 
fees,  allowances  and  emoluments, 
and  all  interest  on  public  funds,  re¬ 
ceived  by  any  county  officer  shall  be 
paid  iuto  the  county  treasury. 

Section  10.  All  elective  county 
officers  shall  enter  cpon  the  duties 
of  their  offices  on  the  first  Monday 
of  December  following  their  election 
and  shall  hold  their  offices  for  the 
term  of  four  years  and  until  their 
successors  are  elected  and  have  quali¬ 
fied.  The  compensation  of  any  elec¬ 
tive  county  officer  shall  not  be  in¬ 
creased  or  diminished  during  ilia 
term  of  office. 

Section  11.  Every  county  and 
township  officer  shall  make  a  semi¬ 
annual  report  under  oath  of  all  fees, 
allowances  and  emoluments  and  all 
interest  on  public  funds  received  by 
him,  as  may  be  required  by  law. 

•Section  12.  County  authorities 
shall  never  assess  taxes  the  aggre¬ 
gate  of  which  shall  exceed  seventy- 
five  cents  per  one  hundred  dollars 
valuation,  unless  authorized  by  a 
vote  of  the  people  of  the  county,  but 
if  the  General  Assembly  shall  pro¬ 
vide  that  the  county  shall  be  unit 
for  the  levy  and  collection  of  taxes 
for  road  and  bridge  purposes,  then 
county  authorities  may  assess  an  ad¬ 
ditional  tax  for  the  construction,  im¬ 
provement  and  maintenance  of  pub¬ 
lic  highways  and  bridges,  which  ad¬ 
ditional  tax  shall  not  exceed  seventy- 
five  cents  per  one  hundred  dollars 
valuation,  unless  authorized  by  a 
vote  of  the  people  of  the  county. 


law  uniform  as  to  classes  of  coun¬ 
ties;  but  any  such  law  shall  become 
effective  in  a  county  only  after  ap¬ 
proval  by  a  majority  of  the  voters 
therein  voting  on  the  question. 


Section  4.  The  fees  of  township 
and  county  officers  shall  be  regulated 
by  law;  and,  in  such  manner  as  may 
be  provided  by  law,  all  money  and 
interest  thereon  received  by  any 
county  officer  shall  be  reported  under 
oath  and  paid  into  the  county  treas¬ 
ury. 

Section  5.  The  term  of  every  elec¬ 
tive  county  officer  shall  be  four  years 
from  the  first  Monday  of  December 
after  his  election. 


(Combined  with  Section  4.) 


Section  11.  Unless  authorized  by 
a  majority  of  those  voting  on  the 
question  no  county  shall  levy  taxes 
in  excess  of  three-fourths  of  one  per 
cent  of  valuation;  but  an  additional 
three-fourths  of  one  per  cent  may  be 
levied  for  road  and  bridge  taxes  in 
any  county  made  the  unit  for  such 
taxation. 


| 


1921.] 


CONSTITUTIONAL  CONVENTION. 


403 


Section  13.  The  General  Assembly 
shall  have  authority  to  enact  laws 
providing  for  the  construction  and 
improvement  of  public  roads  and 
highways  in  part  by  special  assess¬ 
ments,  to  be  levied  upon  the  prop¬ 
erty  benefitted  by  such  construction 
and  improvement,  wrhether  such 
construction  and  improvement  lie 
within  one  township  or  county,  or 
two  or  more  townships  or  counties. 
Provided,  that  such  laws  shall  con¬ 
tain  provisions  that  all  such  con¬ 
struction  and  improvements  shall  be 
initiated  by  a  petition  signed  by  a 
majority  of  the  owners  of  the  lands 
proposed  to  be  subjected  to  such 
special  assessment,  who  shall  be  the 
owners  of  not  less  than  one-third 
in  area  of  the  'said  lands. 

Section  14.  The  provisions  of  this 
article  shall  not  apply  to  the  County 
of  Cook. 


Section  12.  The  General  Assembly 
may  provide  that  upon  petition  of 
a  majority  of  the  owners  of  lands 
proposed  to  be  assessed,  being  not 
less  than  one-third  in  area  of  such 
lands,  the  cost  of  constructing  or 
improving  public  roads  may  be 
raised  in  part  by  special  assessment 
upon  lands  benefitted  thereby. 


I 


|  Section  13.  The  provisions  of  this 
article  shall  not  apply  to  the  County 
of  Cook. 


Respectfully  submitted, 

Elam  L.  Clarke,  Chairman. 

Thos.  Rinaker. 

Charles  B.  T.  Moore. 

E.  H.  Dttpee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H.  Brewster. 
Committee  on  Phraseology  and  Style. 


IN  RE  PROPOSAL  NO.  362. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom- 
panying  Report  on  Proposal  No.  362,  being  a  Proposal 

Relative  to  Counties. 

The  Constitution  of  1870  contains  one  of  the  most  detailed  pro¬ 
visions  on  county  government  to  be  found  in  any  state  constitution.  n 
about  one-third  of  the  states  the  organization  of  county  government  is 
left  entirely,  or  almost  entirely,  to  the  state  legislature.  In  those  states 
which  have  constitutional  provisions  on  the  subject  the  provisions  are 
in  general  simple  and  without  detail,  compared  to  the  provisions  m  i- 
nois.  The  present  Convention  has  changed  the  Counties  Article  ot  the 
present  Constitution  in  some  respects;  but  the  theory  of  laying  down 
rather  detailed  and  minute  specifications  regarding  Counties  is  retained. 

The  order  of  the  sections  in  the  reference  draft  is  illogical,  it  fol¬ 
lows  the  arrangement  found  in  the  present  Constitution,-  which- m  turn 
followed  in  a  large  measure  the  arrangement  of  the  sections  in  the  Con¬ 
stitution  of  1848.  In  the  article  as  revised  the  order  ot  the  section* 

has  been  rearranged  in  more  logical  form. 

Section  1.  This  section  contains  two  main  provisions: 


404 


JOURNAL  OF  THE 


[Sept.  6, 


1.  It  establishes  a  minimum  area  of  four  hundred  square 

miles  for  any  new  county  or  for  any  old  county  which  may  be  re¬ 
duced  in  area.  « 

2.  It  provides  that  no  part  of  a  county  within  ten  miles  ot 

its  seat  shall  be  taken  in  creating  a  new  county. 

The  section  has  been  shortened  and  condensed  in  such  a  way  as  to 
express  these  two  provisions  in  a  simple  and  concise  foim.  . 

The  word  “created”  had  been  substituted  as  the  equivalent  or 

“formed  or  established”.  .  .  ,, 

The  phrase  “by  the  General  Assembly”  has  been  omitted,  since  tiie 

General  Assembly  has  authority  to  establish  counties  and  regulate  their 
affairs,  except  in  so  far  as  the  Constitution  contains  limitations  upon 

that  power.  .  . 

Section  2.  This  section  contains  three  mam  ideas :  ... 

1.  No  county  shall  be  changed  in  area  unless  the  provision  is 

approved  at  a  referendum. 

2.  The  proposition  must  be  approved  by  a  majority  ot  those 
voting  on  the  question  in  the  county  and  in  each  part  of  the  county 
affected. 

3.  *  Any  territory  taken  from  a  county  shall  bear  its  portion 

of  the  county  debt.  .  .  .  , 

The  .first  two  of  these  provisions  have  been  revised  m  a  single  sen¬ 
tence  in  a  form  which  incorporates  all  the  ideas  of  the  reference  draft 

The  last  paragraph  of  the  section  m  the  reference  draft  has  bee 
revised  and  condensed  but  without  change  m  meaning.  The  wore  s 
“shall  be  holden  for  and  obliged  to  pay”  have  been  expressed  by  shall 
be  liable”.  The  word  “holden”  is  archaic  and  is  no  longer  in  good  use. 
(See  Century  Dictionary;  also  Webster’s  International  Dictionary.) 

Section  3.  This  section  lays  down  certain  limitations  for  changing 

1.  There  must  be  a  referendum  on  the  question  in  the  county. 

2.  Three-fourths  of  all  those  voting  on  the  question  must 

3.  The  place  of  removal  must  be  designated  in  advance  of  the 
lection 

4  Every  person  voting  must  have  resided  in  the  election  pi  e- 
cinct  ninety  days  and  in  the  county  six  months  before  the  election. 
5.  The  question  of  removal  shall  not  be  submitted  oftene 

than  once  in  ten  years.  .  .  ,  i 

In  the  section  as  revised  each  of  these  provisions  has  been  expressed 

in  a  simpler  and  shorter  form  than  that  of  the  reference  dra  . 

It  is  to  be  observed  that  the  section  contains  qualifications  for  votin„ 
different  from  those  fixed  by  the  Suffrage  Article,  The  a  ditiona  quali¬ 
fications  for  voting  were  provided  because  of  the  importance  of  the  ele 
tion  to  the  county  and  to  put  an  end  to  the  practice  which  had  grown 
rm  0f  “colonizing”  voters  to  control  such  elections.  -> 

P  The  clause  “until  the  point  to  which  it  is  propped  ^Sn  as 
shall  be  fixed  in  pursuance  of  law  has  been  omitted.  The  . 
revised  provides  that  the  removal  shall  be  “to  the  place  designated  . 


1921.] 


CONSTITUTIONAL  CONVENTION. 


405 


The  word  “designated”  implies  a  previous  determination  of  the  place, 
.and  this  determination  must  be  made  by  the  General  Assembly,  since 
that  body  has  full  power  to  pass  any  enabling  legislation  which  may  be 
necessary.  Under  the  section  as  revised,  therefore,  the  place  of  removal 
must  be  designated  by  law  previous  to  the  election. 

The  phrase  “of  the  voters  of  the  county”  has  been  dropped,  since 
the  election  is  exclusively  a  county  matter  and  it  is  obvious  that  only 
voters  of  the  county  could  vote  upon  the  question. 

In  the  last  sentence  the  phrase  “of  the  removal  of  the  county  seat” 
has  been  omitted;  the  words  “such  question”  make  the  meaning  entirely 
clear  without  the  phrase  quoted. 

The  phrase  “to  a  vote  of  the  people”  has  been  dropped  because  the 
verb  “submitted”,  taken  in  its  context,  necessarily  implies  a  vote  of  the 

people. 

Section  J>.  This  section  provides  a  scheme  whereby  counties  may 
change  from  one  to  another  of  the  two  forms  of  county  government 
authorized  by  the  Constitution.  The  section  contains  the  following 
provisions : 

1.  Counties  organized  under  the  “Board  of  Commissioners” 
form  may  change  to  the  township  form  of  county  organization. 

2.  Counties  organized  under  the  township  form  may  change 
to  the  “Board  of  Commissioners”  form  of  county  organization. 

3.  Either  change  must  be  approved  upon  referendum  by  a 
majority  of  those  voting  on  the  question. 

4.  The  election  upon  the  question  shall  be  conducted  in  the 
manner  provided  by  law. 

5.  The  General  Assembly  may  regulate  the  manner  in  which 
either  form  of  county  government  shall  function. 

An  examination  of  these  five  provisions  shows  that  the  sec¬ 
tion  really  contains  but  one  limitation  on  the  General  Assembly,  namely, 
that  if  the  form  of  the  organization  of  county  government  is  changed,  the 
change  must  be  approved  by  a  majority  of  the  voters  of  the  county  voting 
on  the  question.  In  other  words,  it  is  obvious  that  the  first  and  second 
provisions  as  above  outlined,  and  the  fourth  and  fifth  provisions,  really 
contain  no  limitations  on  the  General  Assembly  and  may  be  dropped ; 
the  General  Assembly  may  regulate  these  matters  if  the  Constitution  is 
silent  in  regard  to  them.  The  section  has  been  revised  upon  the  theory, 
which  is  applicable  throughout  the  Constitution,  that  the  General  As¬ 
sembly  is  omnipotent  except  in  so  far  as  the  Constitution  limits  its 
power.  In  the  shorter  form  of  the  section  as  revised  there  will  be  found 
the  full  sense  of  the  reference  draft  without  change. 

Section  5.  This  section  provides  a  precise  form  of  organization  for 
counties  “not  under  township  organization”.  At  the  present  time, 
of  the  102  counties  in  Illinois,  85  are  organized  under  the  township 
system  and  17  under  the  “Board  of  Commissioners”  system.  The  coun¬ 
ties  not  under  township  organization  are  located  in  the  central  and 
southern  part  of  the  State,  and  most  of  them  are  small  in  area  and  popu¬ 
lation.  Morgan  County,  which  had  34,000  population  in  1910,  is  the 
largest  of  these  counties. 


406 


JOUEXAL  OF  THE 


[Sept.  6r 


It  will  be  noted  that  there  is  no  corresponding  section  in  the  Con¬ 
stitution  providing  for  the  organization  of  counties  under  township  or¬ 
ganization.  In  other  words,  the  General  Assembly  may  organize  the 
government  of  85  counties  of  the  State  as  it  sees  fit;  but  the  Constitu¬ 
tion  has  prescribed  a  specific  form  of  organization  for  the  1,  counties 
“not  under  township  organization”.  The  question  naturally  arises  a* 
to  why  this  distinction  should  be  made.  The  only  answer  that  can  be 
criven  is  that  the  distinction  is  a  purely  arbitrary  one;  the  Convention 
of  1870  so  decided  the  matter  and  there  it  rests.  . 

The  obvious  comment  to  be  made  is  that  the  Constitution,  m  outer 
to  be  logical,  should  either  contain  a  provision  regulating  the  organiza¬ 
tion  of  both  classes  of  counties,  or  should  leave  the  organization  of  both 
classes  of  counties  to  the  General  Assembly.  T  our  Committee  believes 
that  the  latter  plan  is  preferable  and  that  this  section  could  be  ^eiy 

properly  omitted  from  the  Constitution.  .  .  , 

The  section  provides  for  the  election  of  three  commissioners  at  tjie 
general  election  in  1922.  The  present  Constitution  provides  for  the 
election  of  one  commissioner  every  year.  The  latter  provision,  however, 
sometimes  requires  an  election  in  a  county  for  the  sole  purpose  of  elect- 
in  a  county  commissioner.  Accordingly  it  was  provided  that  all  three 
commissioners  should  be  elected  at  the  same  time.  This  provision 
necessitated  the  last  sentence  of  the  section  providing  foi  the  expirati 
of  the  terms  of  the  existing  commissioners.  The  provision  being  a  tem¬ 
porary  one,  should  be  placed  in  the  Schedule,  and  has  been  omitted 

from  the  section  as  revised.  ,  ,.  •,  m 

It  is  unnecessary  to  state  the  month  in  which  the  election  should  oe 

held,  since  that  matter  is  taken  care  of  by  the  Suffrage  Article. 

The  term  of  office  of  commissioners  has  been  omitted  because  that 
provision  is  covered  in  Section  10  as  revised,  where  a  uniform  term  tor 

all  elective  county  officers  is  provided.  .  ,  . 

Section  6.  This  section  enumerates  the  various  elective  count}  rr  - 
cers  and  fixes  the  time  for  their  election.  The  section  is  substantia 
the  same  as  in  the  present  Constitution  except  that  it  creates  a  new  con¬ 
stitutional  county  officer,  namely,  the  County  Assessor.  At  the i  p  e- 
time  the  County  Treasurer  acts  as  County  Assessor  m  count.es  - 
the  “Board  of  Commissioners”  form  of  government ;  while  m  counties 
under  the  township  form  of  government  each  township  has  an  elective 
assessor.  The  assessor  has  been  made  a  county  officer  by  this  section, 
and  accordingly  hereafter  the  township  unit  of  assessment  wnl  be  abol¬ 
ished.  The  provision  leaves  the  manner  of  selecting  the  Count}  As 

sessor  to  the  General  Assembly.  * 

It  should  also  be  noted  that  under  this  section  the  re-election  of 

sheriffs  is  not  prohibited.  In  the  IT  counties  under  Board  of  Com¬ 
missioners”  form  of  government  the  sheriff  is  ex-officio  treasurer.  I  ndei 
the  proposed  section  there  will  be  an  elective  treasurer  m  each  county 
and  the  provision  with  reference  to  re-election  of  the  sheriff,  which  is 
found  inPthe  present  Constitution,  has  therefore  been  dropped  by  the 

Teference  draft.  i,Q£, 

The  term  of  office  of  county  officers  as  provided  m  this  section  In  & 

been  omitted,  since  that  matter  is  covered  by  Section  10  as  revised,  lne 


CONSTITUTIONAL  CONVENTION. 


407. 


1921. J  WJNOXJ.lUlJ.vmu.^  i  • 

word  “inhabitants”  has  been  changed  to  “population”,  since  the  latter 
word  is  the  uniform  term  applied  throughout  the  Constitution. 

Section  7.  This  section  has  been  revised  without  changing  ma¬ 
terially  the  form  of  the  reference  draft.  The  section  contains  two  mam 
provisions ;  the  first  having  to  do  with  the  fixing  of  the  compensation 
of  county  officers  and  their  employes,  and  the  second  having  to  go  with 
the  pavment  of  such  compensation.  These  two  provisions  have  been 
put  into  separate  sentences  in  the  section  as  ie\ised,  oi  pm  poses  o 

ClantThe  word  “employe”  has  been  substituted  for  “deputies  and  assist¬ 
ants”,  since  it  is  more'  inclusive  than  both  of  these  words.  All  persons 
working  for  the  County  on  a  salary  or  for  wages,  excepting  officers  , 
are  included  in  the  term  “employes”.  (See  Century  D'ictionai)  ,  also 
Webster’s  International  Dictionary).  Moreover,  underaction  I  ol 
Article  V  of  the  present  Constitution,  the  words  'office  and  employ¬ 
ment”  are  defined,  and  by  implication  the  two  words  are  made  all-in- 

elusive 

The  word  "order”  has  been  substituted  for  the  words  ‘warrant  or 
order”,  because  it  is  the  wider  term.  (See  Century  Dictionary.) 

Section  8 .  This  section  is  new  and  has  no  counterpart  m  the  pres¬ 
ent  Constitution.  The  purpose  of  the  section  is  to  permit  the  Gcneia 
Assembly  to  provide  other  forms  of  county  government  than  the  two 
provided  by  this  Article,  if  that  becomes  advisable  m  the  future. 

section  contains  three  main  ideas: 

1.  It  contains  a  grant  of  power  to  the  General  Assembh  to 

authorize  other  forms  of  government  for  counties  besides  the  toil  n- 
ship  form  and  the  "Board  of  Commissioners”  form. 

2.  The  legislation  providing  for  the  new  form  of  government 
for  counties  must  be  uniform  as  to  classes  of  counties. 

3.  The  law  shall  not  become  effective  m  any  county  unless 
approved  at  a  referendum  by  a  majority  of  those  voting  on  the 

These  three  provisions  as  thus  outlined  have  been  expressed  in  the 
section  as  revised  in  a  shorter  and  simpler  form  than  that  of  the  reference 

draft,  but  without  change  in  meaning. 

The  last  part  of  the  reference  draft,  providing  that  after  the  a| - 
proval  by  the  voters  the  business  of  the  county  shad  be.  transacted  m 
such  manner  as  the  General  Assembly  may  provide  ,  is  unneces.ap  . 
After  the  law  is  approved  in  any  county,  the  law  will  go  into  effect  auto- 

mahcally.^  ^  ^  ^  These  two  sections  have  been  combined  since 

they  are  concerned  with  the  matter  of  fees  collected  by  county  and 
township  officers.  The  two  sections  contain  the  following  provisions . 
1  1.  The  fees  of  township  and  county  officers  shall  be  regulated 

^  ^  All  public  moneys  received  by  such  officers  shall  be  paid 

into  the  county  treasury.  .  j 

3.  All  public  moneys  received  by  such  officers  shall  be  repoited 

under  oath. 


403 


JOURNAL  OF  THE 


[Sept.  6. 


The  words  “general  and  uniform”  have  been  omitted  from  the  sec¬ 
tion  as  revised,  since  under  Section  22  of  the  Legislative  Article  no 
local  or  special  law  can  be  passed  affecting  township  or  county  govern¬ 
ment-  or  affecting  the  fees  or  allowances  of  public  officers.  It  is  there¬ 
fore  unnecessary  to  duplicate  that  provision  in  this  section. 

The  words" “fees,  allowances  and  emoluments”  used  in  both  Sections 
9  and  11  may  be  expressed  by  the  words  “public  moneys”.  That  term  is 
a  general  and  inclusive  one,  and  is  to  be  preferred  to  particular  terms 

like  those  used  in  the  reference  draft. 

The  reasons  for  consolidating  these  two  sections  are  obvious. 
Section  10.  This  section  contains  three  main  provisions: 

.1.  It  determines  when  elective  county  officers  shall  go  into 
office. 

2.  It  provides  a  uniform  term  of  four  years  for  all  such  officers. 

3.  It  provides  that  the  compensation  of  such  officers  shall  not 
be  increased  or  diminished  during  their  terms. 

The  last  sentence  of  the  reference  draft,  which  expresses  the  third 
provision  as  above  outlined,  has  been  dropped  because  it  is  coveted  by 
a  section  applicable  to  all  officers  in  the  State,  which  has  been  suggested 
by  this  Committee  as  a  section  in  a  new  article  on  “Officers”. 

The  first  and  second  provisions  as  above  outlined  have  been  expressed 
in  the  section  as  revised  in  a  shorter  and  simpler  form  than  that  found 
in  the  reference  draft,  but  without  any  change  in  meaning. 

The  words  “and  until  their  successors  are  elected  and  have  qualified 
have  been  dropped.  A  new  section  has  been  suggested,  covering  all  the 
offices  in  the  State,  in  regard  to  the  matter  covered  by  the  above  quota¬ 
tion.  (See  Section  52  of  the  Judiciary  Proposal  as  revised.) 

Section  12.  The  first  part  of  this  section  is  taken  practically  with¬ 
out  change  from  Section  8  of  the  Revenue  Article  of  the  present  Con¬ 
stitution  :  the  rest  of  the  section  is  new.  If  the  section  is  analyzed  it 

will  be  found  to  contain  the  following  ideas : 

1.  County  authorities  shall  not  impose  taxes  for  general  pur¬ 

poses  in  excess  of  seventy-five  cents  per  one  hundred  dollars  valu¬ 
ation.  . 

2.  This  limit,  however,  may  be  exceeded  if  the  excess  is  author¬ 
ized  by  a  vote  of  the  people  of  the  county. 

3!  If  the  General  Assembly  makes  the  county  the  unit  for 
imposing  road  and  bridge  taxes,  then  a  tax  for  that  purpose  up  to 
seventy-five  cents  per  one  hundred  dollars  valuation  may  be  imposed 
by  the  county  authorities. 

4.  This  limit,  however,  may  also  be  exceeded  if  the  excess  is 

authorized  by  a  vote  of  the  people  of  the  county. 

The  words  “seventy-five  cents  per  one  hundred  dollars  valuation 
have  been  changed  to  “three  fourths  of  one  per  cent  of  valuation”  in 
order  to  conform  to  the  language  used  in  the  revision  of  Section  8  and 
9  of  the  Revenue  Proposal,  and  in  the  revision  of  Section  15,  Article  L, 
of  the  proposal  on  Chicago  and  Cook  County.  The  term  per  cen  is 
preferable  to  “per  centum”.  (See  Webster’s  International  Dictionary.) 

The  words  “county  authorities”  have  been  dropped  where  they  ap¬ 
pear  in  the  section,  and  the  word  “county”  substituted  instead.  It  is 


1921.] 


CONSTITUTIONAL  CONVENTION. 


409 


obvious  that  any  action  by  the  county  must  be  taken  by  the  proper  county 

authorities. 

As  revised  the  Section  expresses  all  of  the  ideas  of  the  reference 
draft  in  a  clearer  and  simpler  form. 

Section  13.  This  is  a  new  section,  its  purpose  being  to  permit  the 
General  Assembly  to  provide  for  the  construction  and  improvement  of 
highways  by  special  assessment,  and  for  making  the  county  the  unit  for 
that  purpose.  At  the  present  time  special  assessments  may  be  levied 
only  by  “cities”,  “towns”,  “villages”  and  “drainage  districts”.  The 
Constitution  forbids  the  granting  of  the  power  of  special  assessment  for 
local  improvements  to  any  other  local  government.  (Section  9,  Article 
IX.  See  People  v.  Board  of  Commissioners,  221  Ill.  493,  1906 ;  also 
Beport  of  Attorney  General  1917-18,  p.  1034.) 

The  reference  draft  has  been  shortened  and  simplified  in  the  sec¬ 
tion  as  revised,  but  without  change  in  meaning. 

Section  11/..  No  change  is  suggested  in  this  section. 


Report  No.  18. 

YOUR  COMMITTEE  ON  PHRASEOLOGY  AND  STYLE,  TO 
WHICH  WAS  REFERRED  A  PROPOSAL  ENTITLED  JUDI¬ 
CIAL  DEPARTMENT  (INTRODUCTION  NO.  383,  REFER¬ 
ENCE  NO.  20),  AS  AMENDED  IN  COMMITTEE  OF  THE 
WHOLE,  RESPECTFULLY  REPORTS  THAT  IT  HAS  CON¬ 
SIDERED  SUCH  PROPOSAL  AND  HEREWITH  SETS 
FORTH,  FIRST,  SAID  PROPOSAL  AS  ADOPTED  IN  COM¬ 
MITTEE  OF  THE  WHOLE,  AND  SECOND,  A  SUBSTITUTE 
THEREFORE  AS  RECOMMENDED  BY  THIS  COMMITTEE, 

(Proposal  as  Adopted  in  Committee  of  the  Whole.) 

Resolved,  That  the  following  shall  become  a  part  of  the  Constitu¬ 
tion  of  Illinois: 

Section  1.  The  judicial  powers  shall  be  vested  in  the  Supreme 
Court,  Appellate  Courts,  Circuit  Courts,  County  Courts  in  counties 
other  than  Cook,  the  District  Court  of  Cook  County  and  justices  of  the 
peace. 

Section  2.  The  power  to  prescribe  rules  of  pleading,  practice  and 
procedure  shall  be  vested  exclusively  in  the  courts;  provided,  that  the 
General  Assembly  may  set  aside  or  abrogate,  by  law,  any  rule  prescribed 

by  any  court. 


Supreme  Court. 

Section  3.  The  Supreme  Court  shall  have  original  jurisdiction  ill 
cases  relating  to  the  revenue,  in  quo  warranto ,  mandamus,  habeas  corpus 
and  prohibition,  and  shall  have  appellate  jurisdiction  in  all  other  cases. 
Its  appellate  jurisdiction  shall  include  the  review  of  causes  in  which 
questions  of  law  have  been  differently  determined  by  Appellate  Courts. 
Such  review,  until  otherwise  provided  by  law,  shall  be  had  in  such  man¬ 
ner  as  the  Supreme  Court  may  by  general  rules  prescribe.  The  Supreme 


410 


JOURNAL  OP  THE 


[Sept.  6, 


Court  shall  have  exclusive  power  to  prescribe  rules  of  pleading,  practice 
and  procedure  in  all  courts;  provided,  that  the  Appellate  Courts,  Circuit 
Couits,  County  Courts  and  the  District  Court  of  Cook  County  shall  have 
power  to  make  rules  not  inconsistent  with  the  rules  prescribed  by  the 
Supreme  Court. 

Section  4.  The  sessions  of  the  Supreme  Court  shall  be  held  at  the 
seat  of  government  of  the  State.  Said  court  shall  hold  not  less  than 
four  teims  annually  at  such  times  as  it  may  fix,  until  otherwise  provided 
by  law. 

Section  5.  The  Supreme  Court  shall  consist  of  seven  justices,  one 
of  v horn  to  be  chosen  by  themselves,  shall  be  chief  justice.  A  majoritv  of 
the  justices  shall  constitute  a  quorum  and  the  concurrence  of  four  shall 
be  necessary  to  every  decision. 

Section  6.  The  State  shall  be  divided  into  six  districts  for  the  elec¬ 
tion  of  justices.  The  first  district  shall  consist  of  the  County  of  Cook 
and  two  justices  shall  be  elected  from  that  district.  The  State,  outside 
of  the  County  of  Cook,  shall  be  divided  into  five  districts  for  the  election 
of  justices,  and  until  otherwise  provided  by  law,  they  shall  be  as  follows : 

Second  District:  (Herein  insert  names  of  counties). 

Third  District:  (Herein  insert  names  of  counties). 

Fourth  District:  (Herein  insert  names  of  counties). 

Fifth  District:  (Herein  insert  names  of  counties). 

Sixth  District :  (Herein  insert  names  of  counties). 

One  justice  shall  be  elected  from  each  of  said  districts  numbered 
2,  3,  4,  5  and  6. 

Section  7.  The  justices  of  the  Supreme  Court  in  office  at  the  time 
of  the  adoption  of  this  Constitution  shall  continue  to  hold  office  during 
the  respective  terms  for  which  they  were  elected  or  appointed  and  until 
their  successors  are  elected  and  shall  qualify.  The  term  of  office  of 
justices  of  the  Supreme  Court  elected  after  the  adoption  of  this  Consti¬ 
tution,  other  than  justices  elected  or  appointed  to  fill  unexpired  terms, 
shall  be  ten  years  from  the  day  of  their  election. 

(Herein  insert  provisions  for  the  extension  of  the  terms  of  the 
present  justices,  if  necessary,  to  conform  to  the  re-apportionment  plan 
and  the  election  hereafter  of  justices  in  as  nearly  equal  numbers  as 
possible  every  third  year.  Provision  shall  also  be  made  for  the  election 
of  the  additional  justice  from  the  first  district  in  the  year  1924  and  for 
the  election  of  the  two  justices  from  that  district  in  different  years.) 

Section  8.  Whenever  and  as  often  as  the  majority  of  the  justices  of 
the  Supreme  Court  shall  certify  to  the  Governor  that  said  court  is  un¬ 
able,  by  reason  of  the  death,  disability  or  resignation  of  any  justice  or 
justices  of  the  Supreme  Court,  to  hear  and  dispose  of  the  causes  pend¬ 
ing  in  said  court  with  reasonable  dispatch,  the  Governor  shall,  for  every 
such  vacancy  or  disability,  designate  a  judge  of  the  Appellate  Court  to 
serve  as  an  associate  justice  of  the  Supreme  Court.  Every  judge  so 
designated  shall  be  relieved  from  his  duties  as  judge  of  the  Appellate 
Court  and  shall  serve  as  an  associate  justice  of  the  Supreme  Court  until 
such  vacancy  shall  have  been  filled  or  such  disability  removed,  when  he 
shall  return  to  the  Appellate  Court. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


411 


Section  9.  The  Supreme  Court  shall  appoint  a  c-lerk  of  the  court 
and  a  reporter  of  its  decisions,  each  of  whom  shall  hold  his  office  for  six 
}rears,  subject  to  removal  by  the  court. 

Appellate  Courts. 

Section  10.  The  Appellate  Courts  shall  be  of  uniform  organization 
and  jurisdiction,  and  shall  be  known  respectively  as  the  Appellate  Court 
for  the  First  District,  the  Appellate  Court  for  the  Second  District,  the 
Appellate  Court  for  the  Third  District  and  the  Appellate  Court  for  the 
Fourth  District.  Said  districts  shall  remain  as  now  constituted  until 
otherwise  provided  by  law.  The  Appellate  Court  for  the  First  District 
shall  hold  its  sessions  at  Chicago,  for  the  Second  District  at  Ottawa  for 
the  Third  District  at  Springfield,  and  for  the  Fourth  District  at  Mount 
Vernon,  until  otherwise  provided  by  law.  Each  of  said  Appellate  Courts 
shall  consist  of  three  judges  and  shall  have  such  number  of  branches,  of 
three  judges  each,  as  the  Supreme  Court  may  from  time  to  time  de¬ 
termine.  Such  branch  courts  shall  have  the  same  jurisdiction,  powers, 
duties  and  rules  of  practice  as  and  the  judges  thereof  the  same  quali¬ 
fications  as  the  judges  of  said  Appellate  Courts.  The  terms  of  the 
ppellate  Courts  and  branches  shall  be  held  at  such  times  as  the 
Supreme  Court  may  determine,  unless  otherwise  provided  by  law. 

Section  11.  Appeals  from  and  writs  of  error  to  the  Circuit  Courts, 
County  Courts  and  the  District  Court  of  Cook  County  may  be  prose- 
cated  in  all  cases.  Appeals  shall  be  taken  to,  and  writs  of  error  issued 
from,  the  Supreme  Court  in  all  criminal  cases  in  which  the  punishment 
by  the  judgment  of  the  court  is  death  or  imprisonment  in  the  peniten¬ 
tiary  and  in  all  cases  in  which  a  franchise,  freehold  or  the  validity  of  a 
statute  is  involved.  Appeals  and  writs  of  error  in  such  other  cases  as 
the  Supreme  Court  may  by  general  rule  prescribe  may  be  prosecuted  to 
or  ±rom  the  Appellate  Courts,  and  unless  so  prescribed,  such  other  ap¬ 
peals  and  writs  of  error  shall  be  taken  to,  or  issued  from,  the  Supreme 
Court  directly.  The  Supreme  Court  may  by  general  rule  prescribe  the 
nal  jurisdiction  of  the  Appellate  Courts,  unless  otherwise  provided  by 
law.  Judgments  of  the  Appellate  Courts  in  all  criminal  cases  in  which 
the  punishment  fixed  shall  not  involve  imprisonment  in  the  penitentiary 
shall  be  final,  except  in  cases  in  which  the  Supreme  Court  shall  allow 
review  by  certiorari. 

Section  12.  The  term  of  office  of  the  judges  of  the  Appellate  Courts 
shall  be  six  years.  The  Supreme  Court  shall,  on  or  before  the  first  day 
ot  January,  A.  D.  1922,  and  every  sixth  year  thereafter,  appoint  the 
judges  of  the  Appellate  Courts,  and  of  such  branch  or  branches  thereof 
as  may  have  been  created.  The  terms  of  office  of  the  judges  of  said 
courts  shall  expire  on  the  first  day  of  January,  A.  D.  1928, "and  every 
six  years  thereafter.  The  Supreme  Court  may,  for  good  cause  shown 
remove  any  of  said  judges  from  office;  and  in  case  of  any  vacancy  in 

any  of  said  Appellate  Courts,  the  Supreme  Court  shall  fill  such  vacancy 
by  appointment. 

Section  13.  The  judges  of  the  Appellate  Court  for  each  district,  in¬ 
cluding  the  judges  of  the  branch  or  branches  thereof,  shall  appoint  a 


412 


JOURNAL  OF  THE 


[Sept.  6, 


clerk  of  the  court  for  such  district,  who  shall  hold  his  office  for  six 
years,  subject  to  removal  by  said  judges. 

Circuit  Courts  Outside  of  Cook  County. 


Section  14.  The  Circuit  Court  of  each  county  is  hereby  continued, 
and  on  the  first  Monday  of  May,  A.  D.  1922,  the  Circuit  and  City  Courts 
in  each  county  other  than  Cook,  where  both  courts  exist,  shall  be  con¬ 
solidated  into  one  court  of  record  to  be  known  as  the  Circuit  Court. 

Section  15.  The  Circuit  Courts,  other  than  the  Circuit  Court  of 
Cook  County,  shall  have  original  jurisdiction  of  all  causes  at  law  and  in 
equity,  and  such  other  jurisdiction,  original  and  appellate,  as  is  or  may 

be  provided  by  law.  .  » 

Section  16.  All  judicial  circuits  established  by  law  at  the  time  ol 

the  adoption  of  this  Constitution  shall  be  preserved  until  changed  by  law. 
The  boundaries  of  such  circuits  may  be  changed  and  new  circuits  maj 
be  formed,  exclusive  of  the  County  of  Cook,  by  the  General  Assemb 
at  its  session  next  preceding  the  election  for  circuit  judges,  but  at  no 
other  time ;  provided,  that  the  circuits  may  be  equalized  or  changed  at 
the  first  session  of  the  General  Assembly  after  the  adoption  of  this  Con¬ 
stitution.  Such  circuits,  when  changed,  or  new  circuits  when  created, 
shall  be  formed  of  contiguous  counties,  in  as  nearly  compact  form  and 
as  nearly  equal  as  circumstances  will  permit,  having  due  regard  to  busi¬ 
ness,  territory  and  population,  and  shall  not  exceed  in  number  one  cir¬ 
cuit'  for  every  one  hundred  fifty  thousand  of  population  m  the  State. 
The  creation  or  change  of  any  circuit  shall  not  affect  the  tenure  of  office 
of  any  judge.  Whenever  the  business  of  the  Circuit  Court  of  any  one, 
or  of '  two  or  more  contiguous  counties,  containing  a  population  exceed¬ 
ing  one  hundred  thousand,  shall  occupy  nine  months  of  the  year,  t  e 
General  Assembly  may  make  of  such  county  or  counties,  a  separate  cir¬ 
cuit.  Whenever  additional  circuits  are  created,  the  foregoing  limita¬ 
tions  shall  be  observed.  .  ,  .  ,  _ 

Section  17.  The  judges  of  the  Circuit  Court  of  each  circuit  other 

than  the  County  of  Cook,  in  office  at  the  time .  of  the  adoption  of  this 
Constitution,  shall  continue  to  hold  office  during  the  term  for  whic 
they  were  elected  or  appointed,  and  until  their  successors  are  elected 
and  shall  qualify.  The  term  of  office  of  judges  of  the  Circuit  Court, 
elected  after  the  adoption  of  this  Constitution,  other  than  judges  elected 
or  appointed  to  fill  unexpired  terms,  shall  be  six  years  from  the  day  ot 
their  election.  At  the  annual  election  in  November,  A.  D.  1927,  and  a 
the  animal  election  every  six  years  thereafter  there  shall  be  elected  in 
each  circuit,  other  than  the  County  of  Cook,  three  judges  of  the  Circuit 


Court 

Section  18.  The  Circuit  Court  in  each  county  shall  always  be  open 
for  the  transaction  of  business,  provided,  the  General  Assembly  may 
prescribe  terms,  not  less  than  four  annually  for  the  convening  of  the 
Circuit  Court  in  any  county  for  the  disposition  of  criminal  and  common 
law  causes.  In  all  chancery  suits,  and  unless  otherwise  provided  by  law 
for  any  county  or  counties,  in  criminal  and  common  law  causes,  the 
first  Monday  of  each  month  shall  be  the  return  day  for  process. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


413 


Section  19.  Sessions  of  the  Circuit  Court  shall  be  held  at  the  county 
seat  of  each  county,  but  the  judges  of  the  circuit  in  which  any  county 
is  situate,  or  a  majority  of  them,  may  by  an  order  provide  for  the  holding 
o±  two  or  more  sessions  of  said  court  each  year  in  any  city  whollv  or 
partly  in  the  county  other  than  the  countv  seat  and  assign  for  trial 
thereat  any  cause  pending  therein,  except  criminal  cases;  provided,  how¬ 
ever,  that  such  city  or  part  thereof  other  than  the  county  seat  shall  have 
a  population  of  at  least  five  thousand  inhabitants  and  shall  provide  suit¬ 
able  quarters  for  the  holding  of  such  sessions  without  any  expense  to  the 
county  or  the  State. 


County  Courts. 

Section  20.  The  County  Court  of  each  county,  other  than  Cook,  is 
hereby  continued  and  on  the  Tuesday  next  after  the  first  Mondav  of 
November,  A.  D.  1922,  the  County  and  Probate  Courts  in  each  county 
other  than  Cook,  where  both  courts  exist,  shall  be  consolidated  into  one 
court^of  record  to  be  known  as  the  County  Court. 

Section  21.  County  Courts  shall  have  original  jurisdiction  of  all 
matters  of  probate,  guardianship,  conservatorship  and  apprenticeship,  the 
administration  and  settlement  of  estates  of  deceased  persons  and  pro¬ 
ceedings  for  the  sale  of  their  real  estate  to  pay  debts  and  legacies,  con¬ 
current  jurisdiction  with  Circuit  Courts  in  testamentary  trusts,  all  pro¬ 
ceedings  relating  to  taxes  and  assessments  and  for  the  collection  thereof, 
common  law  causes  ex  contractu  where  the  sum  involved  does  not  exceed' 
tv  o  thousand  dollars  exclusive  of  interest  and  costs,  criminal  cases  below 
the  grade  of  felony,  exclusive  jurisdiction  of  all  appeals  from  justices 

of  the  peace,  and  such  other  jurisdiction  as  is  or  mav  be  provided  by 

general  law. 

Section  22.  The  judges  of  the  County  Courts  in  counties  other  than 
ook,  in  office  at  the  time  of  the  adoption  of  this  Constitution,  shall 
continue  to  hold  office  during  the  term  for  which  they  were  elected  or 
appointed,  and  until  their  successors  are  elected  and  shall  qualify.  The 
term  of  office  of  judges  of  County  Courts  elected  after  the  adoption  of 
this  Constitution,  other  than  judges  elected  or  appointed  to  fill  unexpired 
teims,  shall  be  six  years  from  the  day  of  their  election.  At  the  annual 
election  in  November,  A.  D.  1922,  and  at  the  annual  election  every  six 
■years  theieafter,  there  shall  be  elected  in  and  for  each  county  one  judge 
of  the  County  Court.  But  the  General  Assembly  may  create  districts  of 
two  or  more  contiguous  counties,  in  each  of  which  districts  shall  be 
electee!  one  judge,  vho  shall  take  the  place  and  exercise  the  powers  and 
jurisdiction  of  judges  of  the  County  Courts  in  such  districts.  The  Gen¬ 
eral  Assembly  may  also,  by  general  law,  provide  for  the  election  of  an 
additional  judge  of  the  County  Court  in  counties  having  a  population 
exceeding  seventy-five  thousand. 

Section  23.  County  Courts  shall  always  be  open  for  the  transaction 
of  business  and  the  first  Monday  of  each  month  shall  be  the  return  dav 
for  process  or  appeal  to  said  courts. 


414 


JOURNAL  OF  THE 


[Sept.  6, 


Justices  of  the  Peace  and  Constables  Outside  of  Cook  County. 

Section  24.  Justices  of  the  peace  and  constables  shall  be  elected  or 
appointed  in  and  for  such  districts  outside  of  the  county  of  Cook,  and 
such  justices  of  the  peace  shall  have  such  uniform  jurisdiction,  as  may  be 
provided  by  law.  They  shall  receive  the  salaries  fixed  by  the  boards  of 
supervisors  or  county  commissioners  of  the  respective  counties,  which 
salaries  shall  be  paid  by  the  districts  in  which  they  are  severally  elected 
or  appointed.  All  fees  and  emoluments  received  by  any  justice  of  the 
peace  or  constable  shall  be  paid  into  the  treasury  of  the  district  in  which 
he  is  elected  or  appointed. 

State's  Attorneys. 

Section  25.  A  State  s  attorney  in  and  for  each  count}",  whose  term 
of  office  shall  be  four  years,  shall  be  elected  at  the  annual  election  in  No¬ 
vember,  A.  D.  1924,  and  every  four  years  thereafter. 


Circuit  Court  of  Cook  County. 

Section  26.  The  county  of  Cook  shall  constitute  one  judicial  cir¬ 
cuit.  On  the  first  Monday  of  May,  A.  D.  1922,  the  Circuit,  Superior, 
County  and  Probate  Courts  of  Cook  County,  and  the  City  Court  of  Chi¬ 
cago  Heights,  shall  be  consolidated  into  one  court  to  be  knowm  as  the 
Circuit  Court  of  Cook  County. 

Section  27.  The  Circuit  Court  of  Cook  County  shall  have  original 
jurisdiction  of  all  causes  at  laiv  and  in  equity,  all  matters  of  probate, 
guardianship,  conservatorship  and  apprenticeship,  the  administration, 
and  settlement  of  estates  of  deceased  persons  and  proceedings  for  the 
sale  of  their  real  estate  to  pay  debts  and  legacies,  all  proceedings 
relating  to  taxes  and  assessments  and  for  the  collection  thereof,  and 
such  other  jurisdiction,  original  and  appellate,  as  is  or  may  be  provided 
by  law. 

Section  28.  The  Circuit  Court  of  Cook  County  shall  consist  of 
forty -two  judges  until  their  number  shall  be  increased  or  decreased  as 
herein  provided.  The  judges  of  the  Circuit,  Superior,  County  and  Pro¬ 
bate  Courts  of  Cook  County  in  office  on  the  first  Monday  of  May,  A.  D. 
1922.  shall  be  the  judges  of  said  consolidated  court,  and  shall  continue 
to  hold  office  during  the  respective  terms  for  which  they  were  elected  or 
appointed,  and  until  their  successors  are  elected  and  shall  qualify.  The 
term  of  office  of  judges  of  the  Circuit  Court  of  Cook  County  elected  after 
the  adoption  of  this  Constitution,  other  than  judges  elected  or  appointed 
to  fill  unexpired  terms,  shall  be  six  years  from  the  day  of  their  election. 
There  shall  be  elected  to  the  office  of  judge  of  the  Circuit  Court  of  Cook 
County,  at  the  annual  election  in  November,  A.  D.  1923,  successors  to 
the  judges  of  the  County  and  Probate  Courts  and  to  such  of  the  judges 
of  the  Superior  Court  whose  terms  shall  then  expire  or  have  expired;  at 
the  annual  election  in  November,  A.  D.  1925,  successors  to  such  of  the 
judges  of  the  Superior  Court  wffiose  terms  shall  then  expire  or  have  ex¬ 
pired  and  at  the  annual  election  in  November,  A.  D.  1927,  successors  to 


1921.] 


CONSTITUTIONAL  CONVENT  EON. 


415 


the  present  judges  of  the  Circuit  Court  and  to  the  judge  of  the  Superior 
Court  whose  terms  shall  have  then  expired.  Subsequently,  at  the  annual 
election  in  November  of  the  year  in  which  the  term  of  any  judges  of  said 
consolidated  court  shall  expire,  and  every  six  years  thereafter,  successors 
to  such  judges  shall  be  elected. 

District  Court  of  Cook  County. 

Section  29.  On  the  first  Monday  of  May,  A.  D.  1922,  the  Criminal- 
Court  of  Cook  County  and  the  Municipal  Court  of  Chicago  shall  be  con¬ 
solidated  into  one  court  to  be  known  as  the  District  Court  of  Cook 
County,  whose  territorial  jurisdiction  shall  be  coterminus  with  the  limits 
of  the  County  of  Cook. 

Section  30.  The  District  Court  of  Cook  County  shall  have  original 
jurisdiction  of  all  cases  of  a  criminal  and  quasi-criminal  nature,  arising 
in  the  county  of  Cook,  or  that  may  be  brought  before  said  court,  pur¬ 
suant  to  law;  and  all  bonds,  recognizances  and  appeals  in  criminal  and 
quasi-criminal  cases  shall  be  returnable  and  taken  to  said  court.  4  he 
District  Court  shall  also  have  civil  .jurisdiction  as  follows:  (a)  in  all 
actions  founded  on  contract  where  the  amount  claimed  does  not  exceed 
two  thousand  dollars,  exclusive  of  interest  and  costs;  (b)  in  all  actions 
sounding  in  tort  where  the  damages  claimed  do  not  exceed  two  thousand 
dollars;  (c)  exclusive  jurisdiction  of  all  appeals  from  justices  of  the 
peace,  and  (d)  in  such  statutory  proceedings  as  may  be  conferred  by 
general  law. 

Section  31.  The  District  Court  of  -Cook  County  shall  consist  of 
thirty-one  judges  until  their  number  shall  be  increased  or  decreased  as 
herein  provided.  The  judges  of  the  Municipal  Court  of  Chicago  in  office 
on  the  first  Monday  of  May,  A.  D.  1922,  shall  be  judges  of  the  District 
Court  of  Cook  County  until  the  expiration  of  the  respective  terms  for 
which  they  were  elected  or  appointed,  and  until  their  successors  are  elec¬ 
ted  and  shall  qualify.  The  term  of  office  of  judges  of  the  District  Court 
of  Cook  County  elected  after  the  adoption  of  this  Constitution,  other 
than  judges  elected  or  appointed  to  fill  unexpired  terms,  shall  be  six  years 
from  the  day  of  their  election.  There  shall  be  elected  to  the  office  of 
judge  of  the  District  Court  of  Cook  County  at  the  annual  election  in 
November,  in  each  of  the  years,  A.  D.  1923,  1925,  and  1927,  successors 
to  such  of  the  judges  of  the  Municipal  Court  of  Chicago  whose^  terms 
shall  then  have  expired.  Subsequently,  at  the  annual  election  in  No¬ 
vember  of  the  year  in  which  the  term  of  any  judges  of  said  District  Court 
shall  expire,  and  every  six  years  thereafter,  successors  to  such  judges 
shall  be  elected. 

Section  32.  The  Supreme  Court  shall  designate  judges  of  the  Dis¬ 
trict  Court  of  Cook  County,  who  shall  hold  the  criminal  branches  of  said 
District  Court.  Each  said  designation  shall  be  for  a  definite  period  not 
extending  beyond  the  term  of  office  of  the  judge  so  designated. 

Section  33.  Sessions  of  the  District  Court  of  Cook  County  shall  be 
held  at  the  city  of  Chicago.  The  General  Assembly  may,  however,  pro¬ 
vide  for  the  holding  of  branches  of  said  court  in  cities,  villages,  and 
incorporated  towns,  within  said  county,  other  than  the  city  of  Chicago, 


416 


JOURNAL  OF  THE 


[Sept.  6, 


which  have  a  population  of  at  least  five  thousand  inhabitants.  Suitable 
quarters  for  the  holding  of  the  criminal  branches  of  said  court  shall  be 
provided  by  the  county  of  Cook.  All  other  branches  or  sessions  of  said 
court  shall  be  held  in  quarters  furnished  respectively  by  the  city  of 
Chicago,  and  such  other  cities,  villages  and  incorporated  towns  in  which 
such  branches  or  sessions  shall  be  held,  without  expense'  to  the  county 
or  the  State. 

Circuit  and  District  Courts  of  Cook  County. 

Section  34.  The  Supreme  Court  shall  appoint  a  chief  justice  of  each 
of  said  courts  from  the  judges  thereof,  and  each  of  the  judges  of  said 
courts  may  hold  a  branch  of  the  court  of  which  he  is  a  member.  Upon 
the  concurrence  of  the  chief  justices  of  both  courts,  and  by  an  order, 
either  specific  or  general,  entered  of  record  in  each  court,  any  judge 
of  either  court  may  be  assigned  to  duty  in,  and  hold  a  branch  of,  the 
other  court ;  and  any  cause  or  matter  may  be  in  like  manner  transferred 
from  one  court  to  the  other,  provided  the  cause  or  matter  transferred  is 
within  the  jurisdiction  of  the  court  receiving  it. 

Section  35.  The  chief  justices  of  the  Circuit  and  District  Courts 
of  Cook  County  shall  have  power  and  authority  to  establish  departments 
and  branches  of  the  respective  courts  over  which  they  preside;  to  assign 
the  judges  of  such  courts  to  duty  in  such  departments  and  branches  and 
to  change  such  assignments  from  time  to  time,  as  the  proper  dispatch 
of  business  of  said  courts  may  require.  The  judge  so  assigned  shall  per¬ 
form  the  duties  appertaining ‘to  such  assignment.  One  of  the  depart¬ 
ments  of  the  Circuit  Court  of  Cook  County  shall  be  known  as  the  Juve¬ 
nile  and  Domestic  Relations  Court.  It  shall  hear  and  determine  such 
causes  and  proceedings  as  may  be  assigned  to  it  by  general  order  of  said 
Circuit  Court. 

Section  36.  The  chief  justice  of  the  Circuit  Court  of  Cook  County 
shall,  until  otherwise  provided  by  law,  exercise  the  power  and  authority 
conferred  and  perform  the  duties  imposed  by  law,  at  the  time  of  the 
adoption  of  this  Constitution,  upon  the  County  Judge  of  Cook  County. 

Section  37.  The  General  Assembly  may  increase  the  number  of 
the  judges  of  the  Circuit  and  District  Courts  of  Cook  Countv  bv  adding 
one  to  either  of  said  courts,  but  not  to  both,  for  every  additional  fifty 
thousand  inhabitants  in  said  county  above  a  population  of  three  million 
four  hundred  thousand.  The  number  of  the  judges  of  said  courts,  or  of 
either  of  them,  may  also  be  decreased  by  the  General  Assembly  whenever, 
in  its  judgment  such  decrease  shall  be  justified. 

Section  38.  Whenever  electors  of  Cook  County  equal  in  number  to 
one-tenth  of  the  vote  cast  for  all  candidates  for  President  of  the  County 
Board  of  Commissioners  at  the  last  preceding  election  thereof  shall  peti¬ 
tion  the  chief  justice  of  the  Circuit  Court  of  said  county  to  submit  to 
a  vote  of  the  electors  thereof  the  proposition  as  to  whether  said  county 
shall  adopt  the  system  for  the  appointment  of  the  judges  of  the  Circuit 
and  District  Courts  of  Cook  County  hereinafter  provided,  it  shall  be  the 
duty  of  such  chief  justice  to  submit  such  proposition  to  a  special  county 
election  to  be  called  by  such  judge  within  ninety  days,  by  entering  of 


1921.1 


CONSTITUTIONAL  CONVENTION. 


417 


record  in  said  court  an  order  to  that  effect.  But  if  at  any  such  special 
e  ec-tion  such  proposition  shall  not  be  adopted,  said  proposition  shall  not 
be  again  submitted  for  two  years.  Such  election  shall  be  held  under 
the  election  laws  in  force  in  Cook  County.  If  such  proposition  receives 
the  amrmative  Y°te  of  a  majority  of  those  voting  thereon,  such  system 
ot  appointment  shall  be  adopted,  and  the  chief  justice  shall  proclaim  the 
adoption  thereof.  The  form  of  such  petition,  and  of  its  verification,  and 
ot  the  ballots  to  be  used  in  such  election  and  the  manner  of  voting  there¬ 
in,  and  the  public  notice  thereof  to  be  given,  and  the  method  of  certifica¬ 
tion  and  recording  of  the  result  of  said  election,  shall  be  prescribed  by 
lav,  or  by  the  Supreme  Court  in  case  the  same  shall  not  have  been 
prescribed  by  law.  After  the  adoption  of  such  proposition,  the  method 
of  choosing  judges  of  the  Circuit  and  District  Courts  of  Cook  County 
shall  be  as  follows :  Upon  the  occurrence  of  a  vacancy  in  the  office  of  any 
judge  of  said  county,  the  Governor  shall  fill  such  vacancy  by  appoint¬ 
ment,  from  a  list  of  eligible  persons  furnished  to  him  by  a  majority  of 
the  justices  of  the  Supreme  Court,  including  a  majority  of  the  justices 
thereof  from  the  Seventh  Supreme  Judicial  District,  which  list  shall 
contain  the  names  of  four  or  more  persons  for  each  judge  to  be  appointed 
not  more  than  half  of  whom  shall  be  affiliated  with  the  same  political 
party.  Excepting  as  in  this  section  is  otherwise  provided,  each  jud^e 
appointed  by  the  Governor  for  said  county  of  Cook  shall  hold  his  office 
during  good  behavior.  At  the  annual  election  in  November  of  every 
sixth  year  after  the  adoption  of  such  system  of  appointment,  an  election 
shall  be  held  m  the  county  of  Cook  to  enable  the  duly  qualified  electors 
thereof  to  express  their  approval  or  disapproval  of  the  judges  so  ap¬ 
pointed  and  then  in  office.  The  method  of  voting  and  the  form  of  ballots 
to  be  used  at  such  election  shall  be  prescribed  by  law.  If  at  any  such 
election  a  majority  of  the  electors  of  said  county  voting  at  such  election 
shall  by  their  votes  express  their  disapproval  of  any  such  judge,  his  office 
siad,  after  the  expiration  of  ninety  days  therefrom,  become  vacant,  and 
he  shall  be  ineligible  to  appointment  as  a  judge  of  said  court  for  a  period 
of  six  years  thereafter. 

Section  39.  The  judges  of  the  Circuit  Court,  and  the  State’s  At- 
orney ,  of .  Cook  County,  shall  be  paid,  out  of  the  State  treasury,  the 
same  salaiies  as  are  now  or  may  be  paid  from  said  treasury  to  the  circuit 
judges  and  State’s  attorneys  of  the  State.  The  judges  of  the  District 
Court  shall  be  paid,  out  of  the  said  treasury,  the  maximum  salary  now 
or  hereafter  paid  therefrom  to  the  county  judges  of  the  State.  Both 
^e  Circuit  and  District  Courts,  and  the  State’s  attorney, 
n00^  t>e  paid  such  further  compensation  by  the  county 

of  Cook  as  is  or  may  be  provided  by  law.  The  judges  of 'the  District 
Court  who  shall  be  designated  by  the  Supreme  Court  to  hold  the  crim¬ 
inal  branches  of  said  District  Court  shall,  while  so  designated,  receive 
the  same  compensation  from  the  State  treasury  and  the  county  of  Cook 
as  is  or  may  be  paid  to  the  circuit  judges  of  that  county. 

Section  40.  filie  clerks  of  the  Circuit  Court  of  Cook  County  and  the 
Municipal  Court  of  Chicago,  at  the  time  of  the  adoption  of  this  Consti¬ 
tution,  shall  be  respectively  the  clerks  of  the  Circuit  and  District  Courts 

—27  C  J 


418 


JOURNAL  OF  THE 


[Sept.  6. 


of  Cook  County,  and  shall  continue  in  office  during  the  terms  for  which  . 
they  were  respectively  elected.  The  clerks  of  the  Superior  and  Probate 
Courts  of  Cook  County  shall  be  deputy  clerks  of  the  Circuit  Court,  and 
the  clerk  of  the  Criminal  Court  of  Cook  County  shall  be  a  deputy 'derk 
of  the  District  Court  of  Cook  County,  during  the  terms  for  which  they 
were  respectively  elected,  and  at  the  salaries  received  by  them,  at  the 
time  of  the  adoption  of  this  Constitution.  Thereafter  only  one  clerk  of 
the  Circuit  Court  and  one  clerk  of  the  District  Court,  of  Cook  County, 
shall  be  elected,  each  of  whom  shall  hold  his  office  for  the  term  of  four 
years. 

Justices  of  tile  Peace  and  Constables  in  Cook  County. 

Section  41.  The  chief  justice  of  the  District  Court  of  Cook  County 
shall  appoint  a  justice  of  the  peace  and  constable  in  and  for  each  town 
in  the  county  of  Cook  outside  of  the  city  of  Chicago,  and  in  and  for 
that  portion  of  each  town  partly  within  and  partly  without  said  city 
which  is  outside  of  said  city,  each  of  whom  shall  hold  his  office  for  the 
period  of  two  years.  Any  such  justice  of  the  peace  or  constable  may  be 
removed  from  office  at  any  time  by  said  chief  justice,  and  the  cause  for 
every  such  removal  shall  be  entered  of  record.  Such  justices  of  the 
peace  shall  have  the  same  jurisdiction  and  such  constables  shall  perform 
the  same  duties  as  justices  of  the  peace  and  constables  respectively  have 
and  perform  outside  of  the  county  of  Cook.  An  additional  justice  of 
the  peace  and  constable  may  be  appointed  in  and  for  each  such  town  or 
portion  of  a  town  for  every  additional  ten  thousand  inhabitants  therein, 
or  i^ijor  portion  thereof,  above  a  population  of  ten  thousand.  Saiu 
justices  and  constables  shall  receive  the  respective  salaries  fixed  b}r  the 
Board  of  Countv  Commissioners,  which  salaries  shall  be  paid  by  the 
county  of  Cook;' and  all  fees  and  emoluments  received  by  them  shall  be 
paid  into  the  treasury  of  that  county. 

General  Provisions. 

Section  42.  No  person,  other  than  one  who  is  a  judge  of  the  court 
at  the  time  of  the  adoption  of  this  Constitution,  shall  be  eligible  to  the 
office  of  justice  of  the  Supreme  Court  or  judge  of  the.  Apellate  or  Cir¬ 
cuit  Court,  unless,  at  the  time  of  his  election  or  appointment,  he  shall 
be  at  least  thirty-five  years  of  age,  and  shall  have  been  engaged  in  this 
State,  either  in  active  practice  as  an  attorney  and  counselor-at-law  oi 
in  the  discharge  of  the  duties  of  a  judicial  office  for  at  least  ten  years 
preceding  his  election  or  appointment,  or  in  one  of  said  occupations 
durino’  a  portion  of  said  time  and  in  the  other  the  remaining  poition 
thereof;  nor  to  the  office  of  judge  of  the  County  Court  or  the  Distric 
Court  of  Cook  County,  unless,  at  the  time  of  his  election  or  appoint¬ 
ment,  he  shall  be  at  least  thirty  years  of  age  and  shall  have  been  so 
en°a°'ed  for  at  least  five  years  preceding  his  election  or  appointment.. 

°  Section  43.  The  boundaries  of  the  districts  for  the  election  of  jus¬ 
tice  of  the  Supreme  Court  and  the  boundaries  of  the  Appellate  Court 
districts  may  be  changed  by  the  General  Assembly,  but  such  alterations 


1921.] 


CONSTITUTIONAL  CONVENTION. 


419 


shall  only  be  made,  as  nearly  as  county  boundaries  will  allow,  upon  the 
basis  of  equality  of  population,  and  the  districts  shall  be  composed  o 
contiguous  counties  in  as  nearly  compact  form  as  circumstances  will 
permit.  The  alterations  of  the  districts  shall  not  affect  the  tenure  of 
office  of  any  justice  of  the  Supreme  Court  or  judge  of  the  Appellate 

Court 

Section  44.  The  Supreme  Court  shall  have  power  and  authority, 
from  time  to  time,  to  assign,  for  such  periods  as  it  may  designate,  judges 
of  the  Appellate  Court  to  districts  other  than  those  for  which  they  were 
appointed  and  judges  of  the  Circuit  Courts  to  circuits  other  than  those 

for  which  they  are  elected.  .  .  , .  ,n 

Section  45.  Each  court  into  which,  by  the  provisions  of  this  aiticle, 

other  courts  are  consolidated,  shall  immediately,  upon  such  conso  u  a- 
tion  succeed  to  and  assume  jurisdiction  of  all  causes,  matters  and  pro¬ 
ceedings  then  pending  in  all  courts  of  which  it  is  the  successor,  wnh 
full  power  and  authority  to  dispose  of  the  same  and  to  carry  in  o 
execution  or  otherwise  to  give  effect  to  all  orders,  judgments  and  deciees 
theretofore  entered  by  the  respective  courts  thus  consolidated. 

Section  46.  No  action  or  proceeding  shall  be  open  to  objection  on 
the  ground  that  a  merely  declaratory  judgment  or  decree  or  order  is 
sought  thereby,  and  the  court  may  make  a  binding,  declaration  of  Tight, 
whether  any  consequential  relief  is  or  could  be  claimed,  or  not,  as  maj 

1,6  PSecWon  47.kThe  office  of  judge  of  the  city  court  and  judge  of  the 
probate  court  or  probate  judge  shall  be  abolished  from  and  after  the  re¬ 
spective  consolidations  of  city  and  probate  courts  with  other  courts  as 
in  this  article  provided.  The  offices  of  justices  of  the  peace  and  constable 
existing  at  the  time  of  the  adoption  of  this  Constitution  shall  from  and 
after  the  election  or  appointment  and  qualification  of  justices  of  the  peace 
and  constables  in  the  respective  districts,  towns  or  portions  of  towns,  m 
accordance  with  the  provisions  of  this  article,  as  to  such  districts,  town. 

or  portions  of  towns,  be  abolished.  .  , 

Section  48.  The  electors  of  any  district  outside  ot  the  count}  ot 

Cook,  and  of  any  town  in  the  county  of  Cook,  outside  of  the  city  ot 
Chicago,  or  of  that  portion  of  any  town  partly  within  and  partly  without 
said  city  which  is  outside  of  said  city,  or  of  that  county  outside  of  said 
city  as  a  whole,  may,  at  any  time,  by  a  majority  vote,  m  such  mannei  as 
the  General  Assembly  shall  prescribe,  abolish  the  offices  of  justice  of 
peace  and  constable,  or  either  of  them,  within  the  jurisdiction  of  the 

electorate  voting  upon  the  question.  , 

Section  49.  The  salaries  of  the  justices  of  the  Supreme  Court  and 
of  the  judges  of  the  Appellate  Court,  Circuit  Court  and  County  Court 
and  the  District  Court  of  Cook  County  shall  be  fixed  by  law,  and,  except 
as  otherwise  prescribed  in  this  article,  shall  be  paid  out  of  the  Sh 
treasury.  The  salary  of  no  judicial  officer  after  it  has  been  fixed  by  law 
shall  be  increased  or  decreased  during  the  term  for  which  lie  is  elected 
or  appointed,  and  no  justice  of  the  Supreme  Court  01  judge  o.  w 
Appellate  Court,  Circuit  Court  or  County  Court  or  the  District  Court 
of  Cook  County  shall  receive  any  other  compensation,  perquisite  01  >ene- 


420 


JOURNAL  OP  TRIE 


[Sept.  67 


fit  in  any  form  whatever,  nor  shall  he  perform  any  duties,  other  than 
judicial,  or  engage  in  the  practice  of  law  so  long  as  he  shall  hold  the 
office  of  such  justice  or  judge. 

Section  50.  All  laws  relating  to  courts  shall  be  general  and  of 
uniform  operation;  and  the  organization,  jurisdiction,  powers,  proceed¬ 
ings,  and  practice  of  all  courts  of  the  same  class  or  grade,  so  far  as  regu¬ 
lated  by  law,  and  the  force  and  effect  of  the  process,  judgments^  and  de¬ 
crees  of  such  courts  severally,  shall  be  uniform. 

Section  51.  The  General  Assembly  may,  for  cause  entered  on  the 
journal  of  each  House,  upon  due  notice  and  opportunity  of  defense,  re¬ 
move  from  office  any  judge,  upon  concurrence  of  three-fourths  of  all  thu 
members  elected,  of  each  House.  All  other  officers  in  this  article  men¬ 
tioned  shall  be  removed  from  office  on  prosecution  and  final  conviction 
for  misdemeanor  in  office. 

Section  52.  All  judicial  officers  shall  be  commissioned  by  the  Gov¬ 
ernor.  All  officers  provided  for  in  this  article  shall  hold  their  offices  until 
their  successors  shall  qualify,  and  they  shall,  respectively,  reside  in  the 
district,  circuit,  or  county  for  which  they  may  be  elected  or  appointed. 
Unless  otherwise  provided  in  this  article,  the  terms  of  office  of  all  such 
officers  shall  be  four  years,  and  they  shall  perform  such  duties  and  receive 
such  salaries  as  are,  or  may  be,  provided  by  law.  The  appointing  power 
to  fill  vacancies  in  elective  judicial  offices  is  hereby  vested  in  the  Governor. 

Section  53.  All  process  shall  run:  In  the  name  of  the  People  of  the 
State  of  Illinois;  and  all  prosecutions  shall  be  carried  on:  In  the  name 
and  by  the  authority  of  the  People  of  the  State  of  Illinois ;  and  conclude: 
Against  the  peace  and  dignity  of  the  same. 

Section  54.  “Population,”  whenever  used  in  this  article,  shall  be 
determined  by  the  next  preceding  census  of  this  State  or  of  the  United 
States. 


PROPOSAL  AS  RECOMMENDED  BY  THIS  COMMITTEEE. 

Section  1.  The  judicial  power  shall  be  vested  in  the  Supreme 
Court,  the  Appellate,  Circuit  and  County  Courts,  the  District  Court  of 
Cook  County  and  justices  of  the  peace. 


SUPREME  COURT. 

Sec.  2.  (Reference  Sections  5  and  6  and  part  of  Section  7.)  The 
Supreme  Court  shall  consist  of  seven  justices  elected  for  terms  of  ten 
years,  from  six  districts  of  the  State.  The  First  District  shall  consist 
of  the  County  of  Cook  as  constituted  at  the  adoption  of  this  Constitution. 
Until  otherwise  provided  by  law  the  other  districts  shall  be  constituted 
as  follows: 

Second  District:  (Name  Counties). 

Third  District:  (Name  Counties). 

Fourth  District:  (Name  Counties). 

Fifth  District:  (Name  Counties). 

Sixth  District:  (Name  Counties). 


1921.] 


CONSTITUTIONAL  CONVENTION. 


421 


Two  justices  shall  be  elected  from  the  First  District  and  one  justice 
from  each  of  the  remaining  districts. 

Sec.  3.  (Reference  Section  8.)  Whenever  a  quorum  of  the  Su¬ 
preme  Court  certifies  to  the  Governor  that  the  Court  is  unable  to  dis¬ 
pose  of  its  pending  cases  with  reasonable  dispatch/ because  of  the  death, 
disability  or  resignation  of  any  justice,  the  Governor  shall  designate  a 
judge  of  one  of  the  Appellate  Courts  who  shall  serve  as  a  justice  of  the 
Supreme  Court,  and  receive  the  salary  paid  a  justice  of  that  court,  until 
the  vacancy  is  filled  or  the  Supreme  Court  certifies  to  the  Governor  that 
the  disability  is  removed,  when  he  shall  return  to  the  Appellate  Court. 

Sec.  4.  (Reference  Sections  4  and  9.)  The  Supreme  Court  shall 
sit  at  the  seat  of  government,  and  until  otherwise  provided  by  law  shall 
hold  annually  at  least  four  terms  at  such  times  as  it  may  fix.  Four 
justices  shall  constitute  a  quorum  and  the  concurrence  of  four  shall  be 
necessary  to  every  decision. 

The  Supreme  Court  shall  choose  one  of  its  members  chief  justice 
and  shall  appoint  its  clerk  and  a  reporter  of  its  decisions  for  terms  of 
six  years  subject  to  removal  by  the  court. 

Sec.  5.  (Reference  Section  3.)  The  Supreme  Court  shall  have 
original  jurisdiction  in  cases  relating  to  the  revenue,  in  quo  warranto , 
mandamus,  habeas  corpus  and  prohibition,  and  appellate  jurisdiction 
in  all  other  cases.  The  Supreme  Court  shall  review  cases  where  ques¬ 
tions  of  law  have  received  conflicting  determination  by  Appellate  Courts, 
such  review  to  be  regulated  by  the  Supreme  Court  until  otherwise  pro¬ 
vided  by  law. 

Sec.  6.  (Reference  Section  2.)  The  Supreme  Court  shall  have 
exclusive  power  to  prescribe  rules  of  pleading,  practice  and  procedure 
in  all  courts,  but  rules  not  inconsistent  therewith  may  be  prescribed  by 
other  courts  of  record.  Any  rule  of  court  may  be  set  aside  by  law. 


APPELLATE  COURTS. 

Sec.  7.  (Reference  Sections  10,  12  and  13.)  There  shall  be  four 
Appellate  Courts  of  uniform  jurisdiction  having  such  districts  and  sit¬ 
ting  at  such  places  as  provided  by  law.  Each  Appellate  Court  shall 
consist  of  three  judges  appointed  by  the  Supreme  Court  for  terms  of 
six  years.  The  Supreme  Court  shall  determine  the  times  for  holding 
the  terms  of  the  Appellate  Courts,  unless  otherwise  provided  by  law; 
shall  fill  vacancies  in  those  courts  and  for  good  cause  shown  may  re¬ 
move  any  judge  thereof. 

Each  Appellate  Court  shall  appoint  its  clerk  for  a  term  of  six  years 
subject  to  removal  by  the  Court. 

Each  Appellate  Court  may  have  one  or  more  branches  as  determined 
by  the  Supreme  Court.  If  the  Supreme  Court  abolishes  any  such  branch 
court  the  terms  of  its  judges  shall  thereupon  expire. 

The  term  Appellate  Court  shall  include  any  branch  thereof. 


422 


JOURNAL  OF  THE 


[Sept.  6, 


APPEALS  AND  WRITS  OF  ERROR. 

Sec.  8.  (Reference  Section  11.)  Appeals  from  and  writs  of  error 
to  Circuit  Courts,  County  Courts  and  the  District  Court  of  Cook  County 
may  be  prosecuted  in  all  cases  as  follows : 

To  or  from  the  Supreme  Court  in  criminal  cases  where  the  sen¬ 
tence  is  death  or  imprisonment  in  the  penitentiary,  and  in  cases  where 
a  franchise  or  freehold  or  the  validity  of  a  statute  is  involved; 

To  or  from  the  Appellate  Courts  in  such  other  cases  as  mav  be 
prescribed  by  general  rule  of  the  Supreme  Court; 

To  or  from  the  Supreme  Court  in  all  other  cases. 

The  Supreme  Court  by  general  rule  may  prescribe  the  final  juris¬ 
diction  of  Appellate  Courts  in  civil  cases,  unless  otherwise  provided  by 
law.  Judgments  of  the  Appellate  Courts  in  criminal  cases  shall  be 
final  unless  the  Supreme  Court  allows  review  by  certiorari. 


CIRCUIT  COURTS  OUTSIDE  OF  COOK  COUNTY. 

Sec.  9.  (Reference  Sections  15,  16,  17,  18  and  19.)  The  State 
outside  of  the  County  of  Cook  shall  be  divided  into  judicial  circuits 
formed  of  contiguous  counties,  as  compact  in  form  and  as  nearly  equal 
as  circumstances  permit,  having  regard  to  business,  territory  and  popu¬ 
lation.  The  number  of  such  circuits  shall  not  exceed  one  for  every  one 
hundred  and  fifty  thousand  population  in  the  part  of  the  State  so  divided, 
except  that  any  circuit  may  be  formed  of  a  count}7  or  contiguous  counties 
having  a  population  exceeding  one  hundred  thousand  if  the  business  of 
the  Circuit  Court  or  Courts  therein  occupies  nine  months  of  the  year. 

The  circuits  existing  at  the  adoption  of  this  Constitution  may  be 
changed  by  law  but  only  at  the  first  session  of  the  General  Assembly 
after  such  adoption,  or  at  a  session  next  preceding  an  election  for 
circuit  judges.  Xo  such  change  shall  affect  the  term  of  any  judge. 

In  every  such  circuit  there  shall  be  simultaneously  elected  for  terms 
of  six  years,  three  judges  of  the  Circuit  Court. 

There  shall  be  a  Circuit  Court  in  each  county  of  every  such  circuit, 
having  original  jurisdiction  of  all  cases  at  law  and  in  equity  and  such 
other  jurisdiction,  original  and  appellate,  as  provided  by  law. 

Such  Circuit  Courts  shall  always  be  open  for  the  transaction  o 
business,  but  terms  of  court  not  less  than  four  annually  may  be  pre¬ 
scribed  by  law  for  criminal  and  common  law  cases.  In  chancery  cases, 
and  unless  otherwise  provided  by  law,  in  criminal  and  common  law  cases, 
the  first  Monday  of  each  month  shall  be  return  day  for  process. 

Such  Circuit  Courts  shall  sit  at  the  county  seat  of  the  county ;  but  a 
majority  of  the  judges  of  the  circuit  may  provide  (except  in  criminal 
cases)  for  holding  branches  in  any  city  wholly  or  partly  in  the  county 
whenever  such  city  or  part  thereof  has  not  less  than  five  thousand  popu¬ 
lation  and  suitable  quarters  for  holding  court  are  provided  without  ex¬ 
pense  to  the  county  or  State. 


I~r> 


1921.] 


CONSTITUTIONAL  CONVENTION. 


423 


COUNTY  COURTS. 

Sec.  10.  (Reference  Sections  21,  22  and  23.)  There  shall  be 
a  County  Court  in  each  county  (except  the  county  of  Cook),  which  shall 
have  original  jurisdiction  of  matters  of  probate,  guardianship,  conser¬ 
vatorship,  apprenticeship,  the  administration  and  settlement  of  estates 
of  deceased  persons  and  proceedings  to  sell  their  real  estate  to  pay  debts 
and  legacies;  of  proceedings  relating  to  taxes  and  assessments  and  their 
collection;  of  common  law  cases  ex  contractu  where  the  sum  involved 
exclusive  of  interest  and  costs  does  not  exceed  two  thousand  dollars;  of 
criminal  cases  below  the  grade  of  felony;  exclusive  jurisdiction  of  appeals 
from  justices  of  the  peace;  concurrent  jurisdiction  with  the  Circuit 
Courts  of  testamentary  trusts;  and  such  other  jurisdiction  as  provided 
by  law. 

A  judge  of  the  County  Court  shall  be  elected  for  a  term  of  six  years 
in  every  such  count}7,  except  where  contiguous  counties  may  by  law  be 
made  a  district,  when  one  judge  shall  be  elected  for  a  like  term  for  all 
County  Courts  in  the  district.  Counties  having  more  than  75,000  popu¬ 
lation  may  elect  an  additional  judge  of  the  County  Court  as  provided  by 
law. 

The  County  Courts  shall  always  be  open  for  the  transaction  of  busi¬ 
ness  and  the  first  Monday  of  each  month  shall  be  return  day  for  process 

and  appeals. 


COURTS  IN  COOK  COUNTY. 

Sec.  11.  (Reference  Section  26.)  The  county  of  Cook  shall 
constitute  one  judicial  circuit,  and  shall  have  a  Circuit  Court  and  the 
District  Court  of  Cook  County. 

Sec.  12.  (Reference  Section  27  and  28.)  The  Circuit  Court 
of  Cook  County  shall  consist  of  forty-two  judges  (until  the  number  is 
changed  by  law)  elected  for  terms  of  six  years. 

The  court  shall  have  original  jurisdiction  of  cases  at  law  and  in 
equity;  of  matters  of  probate,  guardianship,  conservatorship,  apprentice¬ 
ship,  the  administration  and  settlement  of  estates  of  deceased  persons 
and  proceedings  to  sell  their  real  estate  to  pay  debts  and  legacies;  pro¬ 
ceedings  relating  to  taxes  and  assessments  and  their  collection;  and  such 
other  jurisdiction,  original  and  appellate,  as  provided  by  law.  The  court 
shall  sit  at  the  county  seat. 

Sec.  13.  (Reference  Sections  30,  31  and  33.)  The  District 
Court  of  Cook  County  shall  consist  of  thirty-one  judges  (until  the  num¬ 
ber  is  changed  by  law)  elected  for  terms  of  six  years. 

The  court  shall  have  original  jurisdiction  of  cases  of  a  criminal 
or  quasi-criminal  nature,  including  bonds  and  recognizances  taken  in 
such  cases;  of  common  law  cases  ex  contractu  where  the  amount  claimed 
exclusive  of  interest  and  costs  does  not  exceed  two  thousand  dollars ;  of 
cases  in  tort  where  the  damages  claimed  do  not  exceed  two  thousand 
dollars;  exclusive  jurisdiction  of  appeals  from  justices  of  the  peace; 
and  jurisdiction  of  such  statutory  proceedings  as  provided  by  law. 


JOURNAL-  OF  THE 


[Sept.  6, 


424 

The  court  shall  sit  in  the  city  of  Chicago,  but  provision  may  be 
made  by  law  for  holding  branches  of  the  court  in  other  cities  of  the 
county  having  a  population  of  at  least  five  thousand.  The  county  of 
Cook  shall  provide  suitable  quarters  for  holding  the  criminal  branches 
of  the  court;  the  city  .of  Chicago  or  any  city  where  the  other  branches 
of  the  court  are  held,  shall  respectively  furnish  quarters  for  such  branches 
without  expense  to  the  county  or  State. 

Sec.  14.  (Beference  Sections  32,  34  and  35.)  The.  chief  jus¬ 
tices  of  the  Circuit  and  District  Courts  of  Cook  County  shall  he  appointed 
by  the  Supreme  Court  from  the  judges  of  those  courts  respectively. 

Such  chief  justices  may  jointly  assign  any  judge  of  either  court  to 
duty  in  the  other  court  or,  subject  to  the  jurisdiction  of  each  court, 
transfer  any  case  or  class  of  cases  from  one  court  to  the  other. 

There  shall  be  a  criminal  branch  of  the  District  Court  of  Cook 
County  composed  of  judges  of  that  court  assigned  for  definite  periods 
by  the  Supreme  Court  in  such  numbers  as  it  may  determine.  There  shall 
be  a  branch  of  the  Circuit  Court  of  Cook  County  called  the  Juvenile 
and-  Domestic  Belations  Court,  having  jurisdiction  of  such  cases  as  are 
assigned  to  it  by  general  order  of  such  Circuit  Court.  Each  chief  justice 
may  establish  other  branches  or  departments  of  his  court  and  assign 
judges  to  duty  therein. 

Sec.  15.  ‘  (Beference  Section  37.)  The  number  of  judges  of  the 
Circuit  and  District  Courts  of  Cook  County  may  be  increased  by  adding 
one  judge  to  either  court,  but  not  to  both,  for  every  fifty  thousand  popu¬ 
lation  in  the  county  above  three  million  four  hundred  thousand.  The 
number  of  judges  of  either  or  both  of  such  courts  may  be  decreased  as 
provided  by  law. 

Sec.  16.  (Beference  Section  38.)  The  electors  of  Cook  County, 
equal  in  number  to  one-tenth  of  the  total  vote  cast  for  President  of  the 
County  Board  at  the  last  preceding  election  may  file.in  the  Circuit  Court 
of  Cook  County  a  petition  to  submit  to  a  vote  the  proposition  whether 
the  county  shall  adopt  the  system  hereinafter  provided  for  appointing 
judges.  Thereupon  the  chief  justice  of  that  court  by  an  order  entered 
of  record  shall  call  a  special  county  election  for  submitting  such  propo¬ 
sition  within  ninety  davs  after  such  order  is  entered.  The  election  shall 
be  held  under  the  election  laws  in  force  in  the  county.  If  the  proposi¬ 
tion  is  approved  by  a  majority  of  those  voting  thereon,  it  shall  be  de¬ 
clared  adopted  by  such  chief  justice.  If  the  proposition  is  not  approved 
it  shall  not  again  be  submitted  for  two  years.  The  form  of  the  petition 
and  its  verification,  and  of  the  ballots  to  be  used  at  the  election,  the 
manner  of  voting,  the  public  notice  to  be  given,  the  method  of  certifying 
and  recording  the  result  of  the  election,  and  other  necessaiv  details 
shall  be  prescribed  by  law  or  by  the  Supreme  Court  if  not  prescribed 
by  law. 

After  the  adoption  of  such  proposition  the  manner  of  choosing 
judges  for  the  Circuit  and  District  Courts  of  Cook  Count}  shall  be  a^ 

follows:  .  ,  .  .  ,  , 

The  Governor  shall  fill  any  vacancy  in  those  courts  by  appointment 

from  a  list  containing  the  names  of  not  less  than  four  eligible  persons 
for  each  vacancy,  nominated  by  a  majority  of  the  Supreme  Court,  not 


1921.] 


CONSTITUTIONAL  CONVENTION. 


425 


more  than  one-half  of  such  persons  to  be  affiliated  with  the  same  political 
party.  Each  judge  so  appointed  shall  hold  his  office  during  good  be¬ 
havior,  subject  to  removal  as  herein  provided.  At  the  annual  election 
every  sixth  year  after  the  adoption  of  such  system  of  appointment,  the 
electors  of  the  county  shall  be  given  an  opportunity  to  express  their 
disapproval  of  the  judges  of  those  courts  so  appointed  and  then  in  office. 
The  method  of  voting,  the  form  of  ballots  to  be  used  at  such  election, 
and  other  necessary  details,  shall  be  prescribed  by  law.  If  a  majority 
of  those  voting  at  the  election  express  their  disapproval  of  any  judge, 
his  office  shall  become  vacant  at  the  expiration  of  ninety  days  after  the 
election,  and  for  a  period  of  six  years  thereafter  he  shall  be  ineligible 
to  appointment  as  a  judge  of  such  courts. 


JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 

Sec.  17.  (Reference  Sections  24,  41  and.  48'.)  Justices  of  the 
peace  and  constables  shall  be  elected  or  appointed  in  such  districts  out¬ 
side  of  the  County  of  Cook,  as  provided  by  law. 

A  justice  of  the  peace  and  constable  shall  be  appointed  by  the  chief 
justice  of  the  District  Court  of  Cook  County  in  each  town  or  portion  of 
town  in  that  county  outside  of  the  City  of  Chicago,  each  of  whom  shall 
hold  office  for  two  years  unless  sooner  removed  by  such  chief  justice  for 
cause  shown  of  record.  An  additional  justice  of  the  peace  and  constable 
may  be  appointed  in  every  such  town,  or  portion  of  town,  for  every  ten 
thousand  population  (or  remainder  equal  to  a  major  portion  thereof) 
above  ten  thousand.  Such  justices  of  the  peace  shall  have  the  same  juris¬ 
diction  and  such  constables  shall  perform  the  same  duties  in  the  part  of 
the  County  of  Cook  outside  of  the  City  of  Chicago  as  like  officials  in  the 
rest  of  the  State. 

Justices  of  the  peace  and  constables  shall  receive,  from  their  respec¬ 
tive  districts,  salaries  to  be  fixed  bv  the  County  Board  and  shall  pay  into 
the  treasury  of  the  district  their  fees  and  emoluments. 

The  office  of  justice  of  the  peace  or  constable  may  be  abolished  in 
any  county’ (or  any  town  in  the  county  of  Cook)  by  vote  of  the  electors 
thereof,  as  provided  by  law. 


GENERAL  PROVISIONS. 

Sec.  18.  (Reference  Section  25.)  There  shall  be  a  State/s  attorney 
in  each  county  elected  for  a  term  of  four  years. 

Sec.  19.  ( Reference  Sections  39  and  49.)  The  officers  pro¬ 

vided  for  by  this  article  (except  justices  of  the  peace  and  constables) 
shall  be  paid  salaries  by  the  State.  In  the  county  of  Cook  they  shall 
each  receive  the  maximum  salary  paid  such  officers  respectively  in  the 
rest  of  the  State,  and  such  further  compensation  from  the  county  of 
Cook  as  provided  by  law.  Judges  of  the  District  Court  of  Cook  County 


J OTJKXAL  OF  THE 


42(3 


[Sept.  67 


shall  each  receive  the  maximum  salary  paid  judges  of  the  County  Court 
in  the  rest  of  the  State,  and  such  further  compensation  from  the  Countv 
of  Cook  as  provided  by  law;  but  while  assigned  to  the  criminal  branch 
ot  that  court  the}''  shall  receive  the  same  compensation  as  judges  of  the 
Circuit  Court  of  that  county. 

Xo  judge  of  any  court  of  record  shall  receive  anv  compensation, 
perquisite  or  benefit  other  than  his  salary  nor  engage  in  the  practice 
of  law  nor  perform  any  duties  other  than  those  of  his  office. 

Sec.  20.  (Reference  Section  42.)  Justices  of  the  Supreme 
Court  and  judges  of  the  Appellate  and  Circuit  Courts  shall  be  at  least 
thirty-five  }eai.<5  of  age  and  shall  in  this  State  have  engaged  in  the  active 
practice  of  law  or  have  acted  as  a  judicial  officer  or  both  for  at  least  ten 
years;  and  judges  of  the  County  Courts  and  District  Court  of  Cook 
County  shall  be  at  least  thirty  years  of  age  and  have  had  like  experience 

for  at  least  five  vears. 

*/ 

Sec.  21.  (Reference  .  Section  43.)  The  Supreme  Court  Dis¬ 

tricts  (other  than  the  First)  and  the  Appellate  Court  Districts,  if 
changed  by  law,  shall  be  formed  of  contiguous  counties  and  be  as  com¬ 
pact  in  form  and  as  nearly  equal  in  population  as  circumstances  permit. 
Xo  such  change  shall  affect  the  term  of  any  judge. 

Sec.  22.  (Reference  Section  44.)  The  Supreme  Court  may 

tiansfer  judges  of  the  Appellate  Courts  from  one  district  to  another 
and  judges  of  the  Circuit  Courts  from  one  circuit  to  another. 

.  ^ec-  23.  (Reference  Section  46.)  Xo  case  shall  be  open  to  ob¬ 
jection  because  a  merely  declaratory  judgment,  decree  or  order  is  sought ; 
and  binding  declarations  of  right  may  be  made  by  courts  as  provided  bv 
law  whether  or  not  any  consequential  relief  mav  be  claimed. 

Sec.  24.  (First  part  of  Reference  Section  51.)  The  General 
Assembly  upon  due  notice  and  opportunity  for  defense,  and  for  cause 
enteied  upon  the  Journal  of  each  house,  may  remove  anv  judge  upon 
concurrence  in  each  House  of  three-fourths  of  its  elected  members.  All 
other  officers  named  in  this  article  shall  be  removed  from  office  on  prose¬ 
cution  and  final  conviction  for  misdemeanor  in  office. 

Sec.  25.  (Reference  Section  52.)  Judicial  officers  shall  be  com¬ 
missioned  by  the  Governor  and  the  appointing  power  to  fill  vacancies  in 
elective  judicial  offices  shall  be  vested  in  him.  The  officers  provided 
for  by  this  article  shall  reside  respectively  in  the  district,  circuit,  or 
county,  for  which  they  are  elected  or  appointed,  and  shall  perform  such 
duties  as  provided  by  law.  The  terms  of  elective  judicial  officers  shall 
begin  on  the  day  of  their  election. 

Sec.  26.  (Reference  Section  53.)  Process  shall  run:  In  the  name 
of  the  People  of  the  State  of  Illinois.  Prosecutions  shall  be  carried  on: 
In  the  name  and  by  the  authority  of  the  People  of  the  State  of  Illinois  ': 
amd  shall  conclude:  Against  the  peace  and  dignity  of  the  People  of  the 
State  of  Illinois. 


TO  BE  PUT  IX  ARTICLE  OX  “OFFICERS  ” 

(Last  part  of  Reference  Section  51.)  All  officers  in  this  State  shall 
be  removed  from  office  on  prosecution  and  final  conviction  for  misde¬ 
meanor  in  office. 


1921.] 


COX S TITUTIO X AL  COXVE X TIO X' . 


427 


(Part  of  Reference  Section  52.)  All  officers  in  this  State  shall 
hold  office  until  their  successors  have  qualified. 

Schedule. 

(Transferred  from  Judicial  Department.) 

(Reference  Sections  14  and  20.)  On  May  1,  192 2,  the  City  Courts 
in  counties  other  than  the  county  of  Cook  shall  be  consolidated  with  the 
Circuit  Court  of  the  county,  and  on  November  7,  1922,  the  Probate 
Courts  in  such  counties  shall  be  consolidated  with  the  County  Court  of 
the  county.  The  office  of  any  judge  whose  court  has  been  so  consolidated 
shall  thereupon  be  abolished. 

(Parts  of  Reference  Sections  17  and  22.)  After  the  adoption  of 
this  Constitution  the  first  regular  election  for  judges  of  the  Circuit 
Courts  shall  be  held  in  November,  1927,  and  the  first  regular  election 
for  judges  of  the  County  Courts  shall  be  held  in  November,  1922. 

(Parts  of  Reference  Section  28,  29,  31  and  40.)  On  May  1,  1922, 
the  Superior,  Probate  and  County  Courts  of  Cook  County  and  the  City 
Court  of  Chicago  Heights  shall  be  consolidated  with  the  Circuit  Court 
of  Cook  County,  and  the  judges  of  such  Circuit,  Superior,  Probate  and 
County  Courts  shall  become  judges  of  such  consolidated  court;  the 
Criminal  Court  of  Cook  County  and  the  Municipal  Court  of  Chicago 
shall  be  consolidated  into  the  District  Court  of  Cook  County,  and  the 
judges  of  the  Municipal  Court  of  Chicago  shall  become  judges  of  such 
consolidated  court;  the  clerk  of  the  Circuit  Court  of  Cook  County  shall 
continue  as  such  clerk;  the  clerk  of  the  Municipal  Court  of  Chicago  shall 
become  the  clerk  of  the  District  Court  of  Cook  County;  the  clerks  of  the 
Superior  and  Probate  Courts  of  Cook  County  shall  become  deputy  clerks 
of  the  Circuit  Court  of  Cook  County  and  the  clerk  of  the  Criminal  Court 
of  Cook  County  shall  become  a  deputy  clerk  of  the  District  Court  of 
Cook  County,  such  deputy  clerks  to  hold  office  during  the  time  for  which 
they  were  respectively  elected  and  at  the  salaries  received  by  them 
respectively  at  the  time  of  such  consolidation;  the  office  of  clerk  ol  the 
County  Court  of  Cook  County  shall  be  abolished. 

Except  as  otherwise  provided  in  this  Constitution,  the  office  of  anv 
judge  whose  court  has  been  so  consolidated  shall  be  abolished  when  such 

consolidation  takes  effect. 

In  November  1923,  1925  and  1927,  there  shall  be  elected  judges 
of  the  Circuit  Court  of  Cook  County  and  the  District  Court  of  Cook 
County  to  succeed  respectively  the  judges  of  those  courts  whose  terms 

shall  have  then  expired. 

(Reference  Section  45.)  Cases  pending  in  any  court  which  is  con¬ 
solidated  with  another  court  by  this  Constitution  shall  be  proceeded  in 
by  the  succeeding  court  in  all  respects. 

(Reference  Section  47.)  The  office  of  justice  of  the  peace  and 
constable  existing  at  the  adoption  of  this  Constitution  shall  be  abolished 
upon  the  qualification  in  their  respective  counties  (or  towns  or  portions 
of  towns  in  the  county  of  Cook)  of  justices  of  the  peace  and  constables 
chosen  under  this  Constitution. 


428 


JOURNAL  OF  THE 


[Sept.  6. 


(Reference  Section  12.)  The  terms  of  judges  of  the  Appellate 
Courts  appointed  prior  to  January  1,  1928.  shall  expire  on  that  date. 

(Reference  Section  36.)  The  chief  justice  of  the  Circuit  Court  of 
Cook  County  shall  exercise  the  powers  and  perform  the  duties  of  the 
County  Judge  of  Cook  County  until  otherwise  provided  by  law. 

(Reference  Section  42.)  Section  20  of  Article  YI  shall  not  apply 
to  the  reelection  of  judges  in  office  upon  the  adoption  of  this  Constitu¬ 
tion. 

Respectfully  submitted, 

Elam  L.  Clarke,  Chairman. 

Thos.  Rinaker. 

Chas.  B.  T.  Moore. 

E.  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H.  Brewster. 

Committee  on  Phraseology  and  Style. 

IN  RE  PROPOSAL  NO.  383. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  383,  being  a 

Proposal  Entitled 

JUDICIAL  DEPARTMENT. 

The  various  sections  of  this  proposal  have  been  rearranged  in  a 
more  logical  form  than  that  found  in  the  reference  draft.  This  result 
has  been  secured  by  grouping  all  the  provisions  affecting  the  Supreme 
Court  in  the  first  part  of  the  article.  Then  follow  successively  the  pro¬ 
visions  affecting  the  Appellate  Courts,  the  Circuit  Courts  outside  Cook 
County,  the  County  Courts  outside  Cook  County,  the  Circuit  Court  in 
Cook  County,  the  District  Court  of  Cook  County,  and  justices  of  the 
peace.  The  last  part  of  the  article  as  rearranged  contains  the  general 
provisions  affecting  the  Judicial  Department  as  a  whole.  This  re¬ 
arrangement  of  the  proposal,  under  -which  the  various  courts  appeal- 
roughly  in  the  order  of  their  importance,  constitutes  the  principal 
change  made  in  the  reference  draft.  The  detailed  changes  made  in 
phraseology  and  arrangement  of  subject  matter  need  not  be  discussed. 
The  draft  of  the  article  as  here  presented  has  been  submitted  to  the 
chairman  of  the  Committee  on  the  Judicial  Department  and  has  been 
approved  by  him. 

There  are,  however,  two  matters  which  should  be  called  to  the  at¬ 
tention  of  the  Convention  in  order  that  they  may  not  be  overlooked. 

In  Reference  Section  3  there  appears  a  provision  under  which  the 
appellate  jurisdiction  of  the  Supreme  Court  is  made  to  include  the 
review  of  cases  “differently  determined”  by  Appellate  Courts.  This 
language  has  been  somewhat  revised  in  the  report  here  presented,  but  its 
meaning  has  not  been  changed.  Certain  questions  arise  as  to  how  this 
provision  will  work  in  actual  practice.  Suppose  a  case  is  decided  in 
one  Appellate  Court  and  ten  years  later  a  decision  is  handed  down  in 
another  Appellate  Court,  and  the  same  question  of  law  is  “differently 


1921.] 


CONSTITUTIONAL  CONVENTION. 


429 


determined”  by  the  two  Appellate  Courts.  Does  the  language  of  this 
provision  give  a  right  of  review  not  only  in  the  case  last  decided,  but 
also  in  the  case  first  decided?  Again,  it  will  be  noted  that  the  provision 
is  a  rigid  one  requiring  that  all  cases  “differently  determined”  as  to  the 
law  by  Appellate  Courts  shall  be  open  to  review  in  the  Supreme  Court. 
Such  a  provision  opens  a  door  so  wide  that  no  one  can  tell  just  what  the 
result  will  be.  For  example,  does  this  provision  guarantee  the  right  of 
what  might  be  called  “academic  review” — that  is,  a  review  where  no 
actual  property  rights  are  involved?  The  theory  of  the  provision  here  in 
question  is  no  doubt  a  wise  one  and  no  criticism  of  the  theory  is  made; 
but  after  considering  the  provision  this  committee  suggests  that  it  be 
omitted,  for  the  reason  that  under  its  rule  making  powers  as  granted 
in  Keference  Section  2  the  Supreme  Court  would  have  authority  to  per¬ 
mit  such  review.  As  the  provision  now  stands,  the  Supreme  Court  has 
no  control  over  such  cases  except  to  regulate  the  manner  in  which  they 
shall  be  reviewed.  Amur  Committee  suggests  that  the  provision  either 
be  omitted  from  the  Constitution;  or  that  it  be  put  in  a  permissive 
form,  allowing  the  Supreme  Court  to  have  control  over  the  extent  to 
which  such  review  shall  be  allowed  as  well  as  control  over  the  manner 
in  wThich  the  review  shall  be  conducted. 

The  second  point  which  should  be  called  to  the  attention  of  the  Con¬ 
vention  is  found  in  Section  11  of  the  reference  draft.  As  that  section 
is  drafted,  writs  of  error  from,  and  appeals  to,  the  Supreme  Court  are 
guaranteed  in  all  criminal  cases  “where  the  sentence  is  death  or  im¬ 
prisonment  in  the  penitentiary.”  The  question  arises  as  to  how  this 
language  would  affect  the  rights  of  a  minor  who  had  been  convicted  of 
a  crime  and  who  under  the  statute  would  be  sentenced  to  the  reform 
school  instead  of  to  the  penitentiary.  In  other  words,  does  not  the 
language  here  used  give  to  an  adult  who  may  be  convicted  of  a  crime  a 
right  of  review  by  the  Supreme  Court  in  the  first  instance,  while  a  minor 
who  is  convicted  of  a  similar  crime  would  be  denied  that  right  ? 

The  number  of  sections  in  this  proposal  has  been  very  substantially 
reduced  in  the  draft  here  presented.  This  change  has  been  made  for  two 
reasons:  First,  because  the  number  of  sections  in  the  reference  draft 
is  large  compared  to  any  other  article  in  the  Constitution ;  and  second 
(and  chiefly),  because  the  various  provisions  which  concern  the  courts 
(other  than  the  Supreme  Court)  can  best  be  expressed  by  consolidating 
the  provisions  affecting  each  court  or  class  of  courts  into  a  single  section. 


430 


JOURNAL  OF  THE 


[Sept.  6, 


Report  No.  19. 

YOUR  COMMITTEE  OX  PHRASEOLOGY  AX L)  STYLE,  TO 
WHICH  WAS  REFERRED  A  PROPOSAL  ENTITLED,  EX- 
E  CUT  I  YE  DEPARTMEXT  (IXTRODUCTIOX  XO.  369,  REF- 
EREXCE  XO  9).  AS  AMEXDED  IX  COMMITTEE  OF 
THE  WHOLE  RESPECTFULLY  REPORTS  THAT  IT  HAS 
COXSIDERED  SUCH  PROPOSAL  AXD  HEREWITH  SETS 
FORTH  IX  PARALLEL  COLUMXS  SAID  -PROPOSAL  AS 
ADOPTED  IX  COMMPTTEE  OF  THE  WHOLE  OX  THE 
I  EFT  4XD  4  SUBSTITUTE  THEREFOR  AS  RECOM- 
MEXDED  BY  THIS  COMMITTEE  OX  THE  RIGHT. 


Resolved,  That  the  following  si 
tion  of  Illinois: 

Section  1.  The  Executive  Depart¬ 
ment  shall  consist  of  a  Governor, 
Lieutenant  Governor,  Secretary  of 
State,  Attorney  General,  Treasurer, 
Auditor  of  Public  Accounts,  and  Sup¬ 
erintendent  of  Public  Instruction, 
who  shall,  each  hold  his  office  for  the 
term  of  four  years  from  the  second 
Monday  of  January  next  after  his 
election,  and  until  his  successor  is 
elected  and  qualified.  They  shall,  ex¬ 
cept  the  Lieutenant  Governor,  reside 
at  the  seat  of  government  during 
their  term  of  office,  and  keep  the 
public  records,  books  and  papers 
there,  and  shall  perform  such  duties 
as  may  be  prescribed  by  law. 

Section  2.  The  Treasurer  shall  be 
ineligible  to  said  office  for  four  years 
next  after  the  end  of  the  term  for 
which  he  was  elected,  or  appointed. 
He  may  be  required  by  the  Governor 
to  give  reasonable  additional  se- 
curitv,  and  in  default  of  so  doing 
his  office  shall  be  deemed  vacant. 

Section  3.  An  election  for  Gov¬ 
ernor,  Lieutenant  Governor,  Secre¬ 
tary  of  State,  Attorney  General, 
Treasurer  and- Auditor  of  Public  Ac¬ 
counts  shall  he  held  on  the  Tuesday 
next  after  the  first  Monday  of  No¬ 
vember,  in  the  year  of  our  Lord  one 
thousand  nine  hundred  and  twenty- 
four,  and  every  four  years  there¬ 
after;  for  Superintendent  of  Public 
Instruction  on  the  Tuesday  next 
after  the  first  Monday  of  November, 
in  the  year  one  thousand  nine  hun¬ 
dred  and  twenty-two  and  every  four 
years  thereafter. 


all  become  a  pari  of  the  C  onstitu- 


Section  1.  The  Executive  Depart¬ 
ment  shall  consist  of  a  Governor, 
Lieutenant  Governor,  Secretary  of 
State,  Attorney  General,  Treasurer, 
Auditor  of  Public  Accounts,  Supei- 
intendent  of  Public  Instruction  and 
such  other  officers  as  provided  by 
law. 

The  officers  named  in  this  section 
shall  be  elected  for  terms  of  four 
years  from  the  second  Monday  in 
January  after  their  election.  Ex¬ 
cept  the  Lieutenant  Governor,  they 
shall  reside  at  the  seat  of  govern¬ 
ment  during  their  terms. 

The  public  records  and  papers  of 
the  Executive  Department  shall  be 
1  kept  at  the  seat  of  government. 

Section  4.  No  State  Treasurei 
shall  again  hold  that  office  within 
four  years  after  his  term  expires. 
He  may  be  required  by  the  Governor 
to  give  reasonable  additional  se¬ 
curity,  and  in  default  of  so  doing 
his  office  shall  be  deemed  vacant. 


(Note — To  be  put  in  schedule  if 
considered  necessary.)  After  the 
adoption  of  this  Constitution  the 
first  election  for  Governor,  Lieu¬ 
tenant  Governor,  Secretary  *of  State, 

|  Attorney  General,  Treasurer,  ana 
Auditor  of  Public  Accounts,  shall 
be  held  in  1924,  and  the  first  elec¬ 
tion  for  Superintendent  of  Public 
Instruction  in  1922. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


431 


Section  4.  The  returns  of  every 
election  for  the  above  named  officers 
shall  be  sealed  up  and  transmitted, 
by  the  returning  officers,  to  the  Sec¬ 
retary  of  State,  directed  to  “The 
Speaker  of  the  House  of  Representa¬ 
tives,”  who  shall  immediately  after 
the  organization  of  the  House,  and 
before  proceeding  to  other  business, 
open  and  publish  the  same  in  the 
presence  of  a  majority  of  each  House 
of  the  General  Assembly,  who  shall 
for  that  purpose,  assemble  in  the 
hall  of  the  House  of  Representatives. 
The  person  having  the  highest  num¬ 
ber  of  votes  for  either  of  said  offices 
shall  be  declared  duly  elected;  but 
if  two  or  more  have  an  equal,  and 
the  highest  number  of  votes,  the 
General  Assembly  shall,  by  joint 
ballot,  choose  one  of  such  persons 
for  said  office.  Contested  elections 
for  all  of  said  offices  shall  be  deter¬ 
mined  by  both  Houses  of  the  General 
Assembly,  by  joint  ballot,  in  such 
manner  as  may  be  prescribed  by  law. 

Section  5.  No  person  shall  be  eli¬ 
gible  to  the  office  of  Governor,  or 
Lieutenant  Governor,  who  shall  not 
have  attained  the  age  of  thirty-five 
years,  and  been,  for  ten  years  next 
preceding  his  election,  a  citizen  of 
the  United  States  and  of  this  State. 
Neither  the  Governor,  Lieutenant 
Governor,  Secretary  of  State,  At¬ 
torney  General,  Auditor  of  Public 
Accounts,  nor  Superintendent  of 
Public  Instruction  shall  be  eligible 
to  any  other  office  during  the  period 
for  which  he  shall  have  been  elected. 

•Section  6.  The  supreme  executive 
power  shall  be  vested  in  the  Gover¬ 
nor,  who  shall  take  care  that  the 
laws  be  faithfully  executed. 


Section  7.  The  Governor  shall,  at 
the  commencement  of  each  'session, 
and  at  the  close  of  his  term  of  office, 
give  to  the  General  Assembly  infor¬ 
mation,  by  message,  of  the  condition 
cf  the  State,  and  shall  recommend 
such  measures  as  he  shall  deem  ex* 
pedient.  He  shall  account  to  the 
General  Assembly,  and  accompany 
his  message  with  a  statement  of  all 
moneys  received  and  paid  out  by  him 
from  any  funds  subject  to  his  order, 
with  vouchers,  and,  at  the  com- 


Section  2.  The  election  returns 
for  officers  of  the  Executive  Depart¬ 
ment  shall  be  sealed  and  transmitted 
by  the  returning  officers  to  the  Sec¬ 
retary  of  State,  directed  to  the 
Speaker  of  the  House  of  Representa¬ 
tives.  Before  the  House  proceeds  to 
other  business,  and  immediately 
after  its  organization,  the  Speaker 
shall  open  and  publish  such  returns 
in  the  presence  of  a  majority  of  each 
House  assembled  in  the  hall  of  the 
House  of  Representatives,  and  then 
dec7are  elected  to  each  office  the  per¬ 
son  so  shown  to  have  the  highest 
number  of  votes  therefor.  The  Gen¬ 
eral  Assembly  by  ballot  in  joint  ses¬ 
sion  shall  determine  contested  elec¬ 
tions  for  such  offices,  and  in  case  of 
tie  shall  choose  in  like  manner  one 
of  the  persons  tied. 


Section  3.  The  Governor  and 
Lieutenant  Governor  each  shall  be 
at  least  thirty-five  years  of  age  and 
a  citizen  of  the  State  for  ten  years 
next  before  his  election.  No  elective 
officer  of  the  Executive  Department 
shall  hold  another  office  during  the 
period  for  which  he  is  elected. 


Section  5.  The  supreme  executive 
power  shall  be  vested  in  the  Gov¬ 
ernor,  who  shall  take  care  that  the 
laws  are  faithfully  executed.  Each 
officer  of  the  Executive  Department 
shall  perform  such  duties  as  are 
prescribed  by  law. 

Section  6.  At  the  commencement 
of  each  regular  session  and  at  the 
close  of  his  term,  the  Governor  shall 
account  to  the  General  Assembly  for 
all  funds  subject  to  his  order,  shall 
inform  it  of  the  condition  of  the 
State  and  recommend  such  measures 
as  he  deems  expedient. 

At  the  commencement  of  each 
regular  session  the  Governor  shall 
present  estimates  of  the  money  re¬ 
quired  for  all  purposes  during  the 
succeeding  two  years. 


432 


JOURNAL  OF  THE 


[Sept.  6, 


mencement  of  each  regular  session 
present  estimates  of  the  amount  of 
money  required  to  be  raised  by  tax¬ 
ation  for  all  purposes. 

Section  8.  The  Governor  may,  on 
extraordinary  occasions,  convene  the 
General  Assembly,  by  proclamation, 
stating  therein  the  purpose  for  which 
they  are  convened;  and  the  General 
Assembly  shall  enter  upon  no  busi¬ 
ness  except  that  named  in  the  pro¬ 
clamation  or  in  one  subsequent  pub¬ 
lic  proclamation  or  message  to  the 
General  Assembly  issued  by  the  Gov¬ 
ernor  during  said  special  session. 

Section  9.  In  case  of  a  disagree¬ 
ment  between  the  two  Houses  with 
respect  to  the  time  of  adjournment, 
the  Governor  may,  on  the  same  being 
certified  to  him  by  the  House  first 
moving  the  adjournment,  adjourn  the 
General  Assembly  to  such  time  as 
he  thinks  proper,  not  beyond  the 
first  day  of  the  next  regular  session. 

Section  10.  The  Governor  shall 
nominate,  and  by  and  with  the  ad¬ 
vice  and  consent  of  the  Senate  (a 
majority,  of  all  the  Senators  elected 
concurring,  by  yeas  and  nays)  ap¬ 
point  all  officers  whose  offices  are 
established  by  this  Constitution,  or 
which  may  be  created  by  law,  and 
whose  appointment  or  election  is  not 
otherwise  provided  for;  and  no  such 
officer  shall  be  appointed  or  elected 
by  the  General  Assembly:  Provided, 
however,  that  the  appointment  of 
notaries  public  need  not  be  confirmed 
by  the  Senate. 


Section  11.  In  case  of  a  vacancy, 
during  the  recess  of  the  Senate,  in 
any  office  which  is  not  elective,  or  in 
case  the  Senate  is  not  in  session 


Section  7.  The  Governor  may  con¬ 
vene  the  General  Assembly  by  pro¬ 
clamation  on  extraordinary  occa¬ 
sions;  but  it  shall  enter  upon  no 
business  save  that  stated  in  the  pro¬ 
clamation  or  in  one  message  issued 
by  the  Governor  during  the  session. 


Section  8.  If  the  two  Houses  dis¬ 
agree  as  to  time  of  adjournment,  the 
Governor,  upon  receiving  a  certifi¬ 
cate  of  such  disagreement  from 
either  House,  may  adjourn  the  Gen¬ 
eral  Assembly  to  any  time  not  be¬ 
yond  the  first  day  of  the  next  regu¬ 
lar  session. 

Section  9.  The  Governor  shall 
nominate,  and  with  the  consent  by 
yea  and  nay  vote  of  a  majority  of 
those  elected  to  the  Senate,  shall  ap¬ 
point  all  officers  whose  appointment 
or  election  is  not  otherwise  pre¬ 
scribed  by  law. 

If  a  vacancy  exists  during  the  re¬ 
cess  of  the  Senate  in  any  office  where 
the  appointing  power  is  vested  in 
the  Governor,  subject  to  the  consent 
of  the  Senate,  the  Governor  shall 
make  a  temporary  appointment  until 
the  next  meeting  of  the  Senate,  when 
he  shall  nominate  some  person  for 
the  office. 

No  person  rejected  by  the  Senate 
'shall  be  nominated  again  for  the 
office  at  the  same  session,  save  upon 
request  of  the  Senate;  or  be  ap¬ 
pointed  to  the  office  during  the  re¬ 
cess  of  the  Senate. 

No  officer  shall  be  elected  or  ap¬ 
pointed  by  the  General  Assembly; 
or  by  the  Senate  or  the  House  of 
Representatives,  except  the  officers 
of  the  two  Houses. 

The  appointment  of  notaries  pub¬ 
lic  shall  not  require  confirmation  by 
the  Senate. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


433 


when  an  act  creating  an  appointive 
office  takes  effect,  the  Governor  shall 
make  a  temporary  appointment  until 
the  next  meeting  of  the  Senate,  when 
he  shall  nominate  some  person  to  fill 
such  office;  and  any  person  so  nomi¬ 
nated,  who  is  confirmed  by  the  Sen¬ 
ate  (a  majority  of  all  the  Senators 
elected  concurring  by  yeas  and 
nays),  shall  hold  his  office  during  the 
remainder  of  the  term,  and  until  his 
successor  shall  be  appointed  and 
qualified.  No  person,  after  being  re¬ 
jected  by  the  Senate  shall  be  again 
nominated  for  the  same  office  at  the 
same  session,  unless  at  the  request 
of  the  Senate,  or  be  appointed  to  the 
same  office  during  the  recess  of  the 
General  Assembly. 

Section  12.  The  Governor  shall 
have  power  to  remove  any  officer 
whom  he  may  appoint,  in  cases  of  in¬ 
competency,  neglect  or  duty,  or  mal¬ 
feasance  in  office;  and  he  may  de¬ 
clare  his  office  vacant,  and  fill  the 
same  as  is  herein  provided  in  other 
cases  of  vacancy. 

Section  13.  The  Governor  shall 
have  power  to  grant  reprieves,  com¬ 
mutations  and  pardons,  after  con¬ 
viction,  for  all  offenses,  either  uncon¬ 
ditionally  or  upon  such  conditions 
and  with  such  restrictions  and  limi¬ 
tations  as  he  may  think  proper,  sub¬ 
ject  to  such  regulations  as  may  be 
provided  by  law  relative  to  the  man¬ 
ner  of  applying  therefor. 

Section  14.  The  Governor  shall  be 
commander-in-chief  of  the  .  military 
and  naval  forces  of  the  State  (ex¬ 
cept  when  they  shall  be  called  into 
the  service  of  the  United  States) ; 
and  may  call  out  the  same  to  execute 
the  law,  protect  life  or  property,  sup¬ 
press  insurrection,  and  repel  inva¬ 
sion. 

Section  15.  The  Governor,  and  all 
civil  officers  of  the  State,  shall  be 
liable  to  impeachment  for  any  mis¬ 
demeanor  in  office. 

Section  16.  Every  bill  passed  by 
the  General  Assembly  shall,  before 
it  becomes  a  law,  be  presented  to  the 
Governor.  If  he  approve,  he  shall 
sign  it,  and  thereupon  it  shall  be¬ 
come  a  law;  but  if  he  do  not  approve, 
tie  shall  return  it  with  his  objections, 
to  the  House  in  which  it  shall  have 
—28  C  J 


(Combined  with  Section  9  above.) 


Section  10.  The  Governor  may  re¬ 
move  any  officer  whom  he  may  ap¬ 
point,  for  incompetency,  neglect  of 
duty  or  malfeasance  in  office. 


Section  11.  The  Governor  may 
grant  reprieves,  commutations  and 
pardons,  after  conviction,  for  all 
offenses,  upon  such  terms  as  he 
thinks  proper;  but  the  manner  of 
applying  therefor  may  be  regulated 
by  law. 


Section  12.  The  Governor  shall 
be  commander-in-chief  of  the  armed 
forces  of  the  State  (except  when 
they  are  in  the  service  of  the  United 
States)  and  may  call  them  out  to 
execute  the  law,  protect  life  or  prop¬ 
erty,  suppress  insurrection,  or  repel 
invasion. 

(This  section  has  not  been  changed 
but  has  been  transferred  to  Section 
25  of  the  Legislative  Article.) 

Section  13.  Every  bill  passed  by 
the  General  Assembly  shall  be  pre¬ 
sented  to  the  Governor,  and  if  signed 
by  him  shall  thereupon  become  law. 
At  the  time  of  signing  an  appropri¬ 
ation  bill  the  Governor  may  dis¬ 
approve  any  section  or  item  thereof 
by  appending  to  the  bill  a  statement 


434 


JOURNAL  OF  THE 


[Sept.  6. 


originated,  which  House  shall  enter 
the  objections  at  large  upon  its  jour¬ 
nal  and  proceed  to  reconsider  the 
bill.  If  then  two-thirds  of  the  mem¬ 
bers  elected  agree  to  pass  the  same, 
it  shall  be  sent,  together  with  the 
objections,  to  the  other  House,  by 
which  it  shall  likewise  be  recon¬ 
sidered;  and  if  approved  by  two- 
thirds  of  the  members  elected  to  that 
House,  it  shall  become  a  law  not¬ 
withstanding  the  objections  of  the 
Governor;  but  in  all  such  cases  the 
vote  of  each  House  shall  be  deter¬ 
mined  by  yeas  and  nays  to  be  en¬ 
tered  upon  the  journal. 

Bills  making  appropriations  of 
money  out  of  the  treasury  shall 
specify  the  objects  and  purposes  for 
which  the  same  are  made,  and  appro¬ 
priate  to  them  respectively  their 
several  amounts  in  distinct  items 
and  sections,  and  if  the  Governor 
shall  not  approve  any  one  or  more 
of  the  items  or  sections  contained  in 
any  bill,  but  shall  approve  the  resi¬ 
due  thereof,  it  shall  become  a  law 
as  to  the  residue  in  like  manner  as 
if  he  had  signed  it.  The  Governor 
shall  then  return  the  bill,  with  his 
objections  to  the  items  or  sections 
of  the  same  not  approved  by  him,  to 
the  House  in  which  the  bill  shall 
have  originated,  which  House  shall 
enter  the  objections  at  large  upon 
its  journal,  and  proceed  to  reconsider 
so  much  of  said  bill  as  is  not  ap¬ 
proved  by  the  Governor.  The  same 
proceedings  shall  be  had  in  both 
Houses  in  reconsidering  the  same  as 
is  hereinbefore  provided  in  case  of 
an  entire  bill  returned  by  the  Gov¬ 
ernor  with  his  objections;  and  if  any 
item  or  section  of  said  bill  not  ap¬ 
proved  by  the  Governor  shall  be 
passed  by  two-thirds  of  the  members 
elected  to  each  of  the  two  Houses  of 
the  General  Assembly,  it  shall  be¬ 
come  part  of  said  law  notwithstand¬ 
ing  the  objections  of  the  Governor. 
Any  bill  which  shall  not  be  returned 
by  the  Governor  within  ten  days 
(Sundays  excepted)  after  it  shall 
have  been  presented  to  him  shall  be¬ 
come  a  law  in  like  manner  as  if  he 
had  signed  it,  unless  the  General 
Assembly  shall,  by  their  adjourn¬ 
ment  prevent  its  return,  in  which 
case  it  shall  be  filed  with  his  objec¬ 
tions  in  the  office  of  the  Secretary 
of  State,  within  thirty  days  after 
such  adjournment,  or  become  a  law. 


of  his  objections.  If  the  Governor 
does  not  approve  a  bill,  or  if  he  dis¬ 
approves  an  appropriation  bill  in 
part,  he  shall  return  the  bill  with 
his  objections  to  the  House  where 
it  originated.  If  thereafter  such  dis¬ 
approved  bill,  or  any  disapproved 
section  or  item  of  an  appropriation 
bill  is  again  approved  by  two-thirds 
of  the  members  elected  to  each 
House,  the  bill  or  such  section  or 
item  of  an  appropriation  bill  shall 
become  law  notwithstanding  the  ob¬ 
jections  of  the  Governor.  Any  dis¬ 
approved  bill  or  disapproved  part 
of  an  appropriation  bill  shall  be  re¬ 
considered  first  in  the  House  where 
the  bill  originated  and  then  sent, 
with  the  objections  of  the  Governor, 
to  the  other  House.  Each  House  be¬ 
fore  reconsidering  shall  enter  the 
Governor’s  objections  at  large  upon 
its  journal. 

Any  bill  which  is  not  returned  by 
the  Governor  within  ten  days  (Sun¬ 
days  excepted)  after  it  is  presented 
to  him  shall  thereupon  become  law 
as  if  he  had  signed  it;  but  if  the 
General  Assembly  by  adjournment 
prevents  its  return,  the  bill  shall 
become  law  at  the  end  of  thirty 
days  after  such  adjournment,  unless 
within  that  time  the  Governor  files 
the  bill  and  his  objections  with  the 
Secretary  of  State. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


435 


Section  17.  In  case  of  the  death, 
conviction  or  impeachment,  failure 
to  qualify,  resignation,  absence  from 
the  State,  or  other  disability  of  the 
Governor,  the  powers,  duties,  and 
emoluments  of  the  office  for  the  resi¬ 
due  of  the  term,  or  until  the  disa¬ 
bility  shall  be  removed,  shall  de¬ 
volve  upon  the  Lieutenant  Governor. 


Section  14.  If  the  office  of  Gov¬ 
ernor  becomes  vacant  the  Lieutenant 
Governor  shall  become  Governor  for 
the  residue  of  the  term.  If  the 
Governor  fails  to  qualify,  is  absent 
from  the  State,  or  is  under  disa¬ 
bility,  the  powers,  duties,  and  emolu¬ 
ments  of  the  office  shall  devolve  upon 
the  Lieutenant  Governor  for  the 
residue  of  the  term,  or  until  the 
cause  which  renders  the  Governor 
incapable  of  performing  his  duties 
is  removed. 

If  there  is  no  Lieutenant  Gover¬ 
nor,  or  if  for  any  of  the  above  causes 
he  is  incapable  of  performing  the 
duties  of  the  office,  its  powers, 
duties,  and  emoluments,,  shall  de¬ 
volve,  first  upon  the  President  of  the 
Senate,  and  after  him  for  like  causes 
upon  the  Speaker  of  the  House  of 
Representatives;  but  each  of  them 
shall  act  only  until  the  cause  which 
renders  his  predecessor  incapable  of 
performing  the  duties  of  the  office 
is  removed,  or  until  the  vacancy  is 
filled  by  election. 


Section  18.  The  Lieutenant  Gov¬ 
ernor  shall  be  president  of  the  Sen¬ 
ate,  and  shall  vote  only  when  the 
Senate  is  equally  divided.  The  Sen¬ 
ate  shall  choose  a  president  pro  tem¬ 
pore,  to  preside  in  case  of  the  ab¬ 
sence  or  impeachment  of  the  Lieu¬ 
tenant  Governor,  or  when  he  shall 
hold  the  office  of  Governor. 

Section  19.  If  there  be  no  Lieu¬ 
tenant  Governor,  or  if  the  Lieu¬ 
tenant  Governor  shall,  for  any  of 
the  causes  specified  in  Section  Seven¬ 
teen  of  this  article,  become  incapable 
of  performing  the  duties  of  the  office, 
the  president  of  the  Senate  shall  act 
as  Governor  until  the  vacancy  is 
filled  or  the  disability  removed;  and 
if  the  president  of  the  Senate,  for 
any  of  the  above  named  causes,  shall 
become  incapable  of  performing  the 
duties  of  Governor,  the  same  shall 
devolve  upon  the  Speaker  of  the 
House  of  Representatives. 

Section  20.  If  the  office  of  Secre¬ 
tary  of  State,  Attorney  General, 
Treasurer,  Auditor  of  Public  Ac¬ 
counts,  or  Superintendent  of  Pub¬ 
lic  Instruction  shall  be  vacated  by 
death,  resignation  or  otherwise,  it 
shall  be  the  duty  of  the  Governor 
to  fill  the  same  by  appointment,  and 
the  appointee  shall  hold  his  office 


(This  section  has  been  transferred 
to  the  Legislative  Article,  where  it 
properly  belongs.)  See  p.  70. 


(Combined  with  Section  14  above.) 


Section  15.  If  the  office  of  Sec¬ 
retary  of  State,  Attorney  General, 
Treasurer,  Auditor  of  Public  Ac¬ 
counts  or  Superintendent  of  Public 
Instruction  becomes  vacant,  the  Gov¬ 
ernor  shall  fill  the  vacancy  by  ap¬ 
pointment  until  a  successor  is  elected 
and  qualified. 


436 


JOURNAL  OF  THE 


[Sept.  6r 


until  his  successor  shall  be  elected 
and  qualified  in  such  manner  as  may 
he  provided  by  law. 

Section  21.  An  account  shall  be 
kept  by  the  officers  of  the  Executive 
Department,  and  of  all  the  public 
institutions  of  the  State,  of  all 
moneys  received  or  disbursed  by 
them,  severally,  from  all  sources,  and 
for  every  service  performed,  and  a 
semi-annual  report  thereof  be  made 
to  the  Governor,  under  oath;  and  any 
officer  who  makes  a  false  report  shall 
be  guilty  of  perjury,  and  punished 
accordingly. 


Section  22.  The  officers  of  the  Ex¬ 
ecutive  Department,  and  of  all  the 
public  institutions  of  the  State,  shall, 
at  least  ten  days  preceding  each 
regular  session  of  the  General  As¬ 
sembly,  severally  report  to  the  Gov¬ 
ernor,  who  shall  transmit  such  re¬ 
ports  to  the  General  Assembly,  to¬ 
gether  with  the  reports  of  the  judges 
of  the  Supreme  Court  of  defects  in 
the  Constitution  and  laws;  and  the 
Governor  may  at  any  time  require 
information,  in  writing  under  oath, 
from  the  officers  of  the  Executive 
Department,  and  all  officers  and  man¬ 
agers  of  State  institutions,  upon  any 
subject  relating  to  the  condition, 
management  and  expenses  of  their 
respective  offices. 

Section  23.  There  shall  be  a  seal 
of  the  State,  which  shall  be  called 
the  “Great  Seal  of  the  State  of 
Illinois,”  which  shall  be  kept  by  the 
Secretary  of  State,  and  used  by  him 
officially  as  directed  by  law. 

Section  24.  The  officers  named  in 
this  article  shall  receive  for  their 
services  a  salary,  to  be  established 
by  law,  which  shall  not  be  increased 
or  diminished  during  .  their  official 
terms,  and  they  shall  not  receive  to 
their  own  use  any  fees,  costs,  perqui¬ 
sites  of  office,  or  other  compensation. 
And  all  fees  that  may  hereafter  be 
payable  by  law  for  any  services  per¬ 
formed  by  any  officer  provided  for  in 
this  article  of  the  Constitution  shall 
be  paid  in  advance  into  the  State 
treasury. 


Section  16.  Each  officer  of  the 
Executive  Department  and  the  chief 
officer  of  each  public  institution  of 
the  State  shall  render,  under  oath, 
to  the  Governor,  a  semi-annual  ac¬ 
count  of  all  moneys  received  or  dis¬ 
bursed.  At  least  ten  days  before 
the  regular  session  of  the  General 
Assembly,  such  officers  shall  each  re¬ 
port  the  condition  of  his  office  to  the 
Governor,  who  shall  transmit  the  re¬ 
ports  to  the  General  Assembly.  Ad¬ 
ditional  reports  may  be  required  of 
these  officers  by  the  Governor. 


(Combined  with  Section  16  above.) 


Section  17.  There  shall  be  a  Great 
Seal  of  the  State  of  Illinois,  to  be 
kept  and  used  by  the  Secretary  of 
State  as  directed  by  law. 


Section  18.  The  officers  of  the 
Executive  Department  shall  be  paid 
salaries  and  shall  receive  to  their 
own  use  no  other  compensation;  and 
all  fees,  costs,  perquisites  of  office 
or  other  compensation  received  by 
them  shall  be  paid  at  once  into  the 
State  treasury. 

All  fees  or  costs  payable  by  law 
for  services  performed  by  any  officer 
of  the  Executive  Department  shall 
be  paid  in  advance. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


437 


Section  25.  Every  person  who  is 
elected  or  appointed  to  any  office  in 
this  State,  who  shall  be  paid  in  whole 
or  in  part  by  fees,  shall  be  required 
by  law  to  make  a  semi-annual  re¬ 
port,  under  oath,  to  some  officer  to  be 
designated  by  law,  of  all  his  fees  and 
emoluments. 

Section  26.  No  person  who  is  in 
default  as  collector  or  custodian  of 
public  money  or  property  shall  be 
eligible  to  any  elective  or  appointive 
office.  The  fees,  salary  or  compensa¬ 
tion  of  no  officer  who  is  elected  or 
appointed  for  a  definite  term  of  office 
shall  be  increased  or  diminished 
during  such  term. 

Section  27.  An  office  is  a  public 
position,  created  by  the  Constitution 
or  law,  continuing  during  the  pleas¬ 
ure  of  the  appointing  power,  or  for 
a  fixed  time,  with  a  successor  elected 
or  appointed.  An  employment  is  an 
agency,  for  a  temporary  purpose, 
which  ceases  when  that  purpose  is 
accomplished. 

Section  28.  All  civil  officers,  ex¬ 
cept  members  of  the  General  As¬ 
sembly  and  such  inferior  officers  as 
may  be  by  law  exempted,  shall,  be¬ 
fore  they  enter  on  the  duties  of  their 
respective  offices,  take  and  subscribe 
the  following  oath  or  affirmation: 
“I  do  solemnly  swear  (or  affirm,  as 
the  case  may  be)  that  I  will  support 
the  Constitution  of  the  United  States, 
and  the  Constitution  of  the  State  of 
Illinois,  and  that  I  will  faithfully 
discharge  the  duties  of  the  office  of 

. according  to  the 

best  of  my  ability.”  And  no  other 
oath,  declaration  or  test  shall  be  re¬ 
quired  as  a  qualification. 

Section  29.  The  Auditor  of  Public 
Accounts,  in  addition  to  his  duties 
prescribed  by  law,  shall  be  required 
to  establish  a  uniform  system  of 
accounts  for  all  county,  town  and 
school  officers,  and  to  supervise  such 
system  and  to  audit  the  accounts  of 
such  officers. 

Respectfully  submitted, 


Section  19.  (Note — To  be  put  in 
Section  on  OFFICERS.)  Every  offi¬ 
cer  in  this  State  who  is  paid  in 
whole  or  in  part  by  fees  shall  make 
a  semi-annual  report  thereof,  under 
oath,  to  some  official  to  be  desig¬ 
nated  by  law. 


(Note — The  first  part  of  this  sec¬ 
tion  is  incorporated  in  Section  4  of 
the  Legislative  Article.  The  second 
part  of  this  section  is  incorporated 
in  Section  21  of  the  Legislative 
Article.) 


Section  20.  (No  change  sug¬ 
gested.) 


Section  21.  (No  change  sug¬ 
gested.) 


Section  22.  A  uniform  system  of 
accounts  for  all  county,  town  and 
school  officers  shall  be  established 
and  supervised  by  the  Auditor  of 
Public  Accounts  and  their  accounts 
shall  be  audited  by  him. 


Elam  L.  Clarke,  Chairman. 
Thos.  Rinaker. 

Chas.  B.  T.  Moore. 

E.  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H'.  Brewster. 
Committee  on  Phraseology  and  Style. 


438 


JOURNAL  OF  THE 


[Sept.  6- 


IN  RE  PROPOSAL  NO.  369. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom- 
panying  Report  on  Proposal  No.  369,  being  a  Proposal 
Entitled  Executive  Department. 

Section  1.  This  section  of  the  reference  draft  is  taken  without 
change  from  the  present  Constitution,  except  that  the  term  o  t  e  reas 
urer  has  been  changed  from  two  years  to  four  years  In  1870  the  section 
was  entirely  rewritten  and  changed  substantially  from  the  form  pren- 

ously  found  in  the  Constitution.  .  ,,  n  ii  •r.cr 

If  the  section  is  analyzed  it  will  be  found  to  contain  the  following 

1  e8=’  It  names  the  officers  constituting  the  Executive  Depart- 


1. 

ment. 

2. 

3. 

4. 

5. 


It  provides  indirectly  for  their  election. 

It  fixes  their  terms  at  four  years. 

It  fixes  the  date  on  which  they  take  office. 

It  requires  them  (except  the  Lieutenant  Governor)  to  re¬ 
side  at  the  seat  of  government.  ,  ,  , 

6.  It  requires  the  public  records,  books  and  papers  to  be  kept 

at  the  seat  of  government.  , 

7.  It  requires  the  officers  named  to  perform  such  duties  as  are 

prescribed  by  law.  .  .  .  , ,  *  „ 

All  of  these  ideas  are  grouped  into  a  single  paragraph  in  the  refer¬ 
ence  draft.  From  the  point  of  view  of  unity  the  section  should  logically 
consist  of  three  paragraphs.  The  first  paragraph  should  organize  the 
Executive  Department  by  naming  the  officers  of  which  it  consists  the 
second  paragraph  should  give  the  various  limitations  affecting  these 
officers:  the  third  paragraph  should  contain  the  provision  as  to  the  pu 
lie  records,  books  and  papers.  The  section  has  accordingly  been  revised 

It  will  be  noted  that  the  reference  draft  provides  that  the  Executive 
Department  shall  “consist”  of  the  seven  officers  named  in  the  section. 
Under  proper  rules  of  constitutional  construction  this  provision  is  in¬ 
clusive.  since  the  maxim  expressio  unius  est  exclusio  alt enus  is  appli- 
cable.  The  section  specifies  the  seven  officers  who  are  to  constitute  the 
department,  and  by  implication  no  other  officers  may  be  added.  In  lb, 
the  section  correctly  expressed  the  facts  as  to  the  Executive  Department, 
since  there  were  no  other  executive  officers  than  those  named  m  the 
section  However,  the  business  of  the  State  has  been  broadened  and 
increased  during  the  fifty  years  that  have  elapsed  ™ce  that  time  and 
new  offices  have  been  created  which  are  executive  m  character  but 
cannot  be  properly  brought  within  the  narrow  limits  of  this  section. 
Thus  there  may  be'  mentioned  the  Public  Utilities  Commission,  the  State 
Tax  Commission  and  the  various  departments  organized  under  the  Civil 
and  Administrative  Code.  Accordingly  it  seems  necessapr  to  revise  this 
section  so  that  it  will  include  such  other  executive  offices  as  the  Genera 
Assembly  sees  fit  to  create  from  time  to  time.  It  is  interesting  to  note 


1921.] 


CONSTITUTIONAL  CONVENTION. 


439 


that  the  proposed  new  Constitution  for  Pennsylvania  recognizes  this 
development  in  State  government.  The  present  Constitution  in  that 
State,  which  was  adopted  in  1873,  copied  almost  verbatim  the  wording 
of  this  section  of  the  Constitution  of  Illinois.  In  the  proposed  new  Con¬ 
stitution  for  Pennsylvania,  however,  the  words  “and  in  other  executive 
officers  as  prescribed  by  law”  have  been  added.  (Section  1,  Article  IV.) 
This  provision  has  accordingly  been  revised  along  the  lines  here  sug¬ 
gested. 

The  provisions  contained  in  numbers  2,  3  and  4  as  above  outlined 
have  been  incorporated  in  the  second  paragraph  of  the  section  as  revised. 
The  provision  as  to  election  of  the  officers  named  and  the  provision  as  to 
their  terms  of  office  have  been  made  more  direct  and  specific.  The  pro¬ 
vision  of  the  reference  draft  that  each  of  these  officers  shall  hold  office 
“until  his  successor  is  elected  and  qualified”  has  been  dropped,  because 
it  is  covered  by  the  uniform  provision  affecting  all  State  officers  to  be 
inserted  elsewhere  in  the  Constitution.  (See  Judiciary  Proposal,  Sec¬ 
tion  52,  as  revised.)  It  should  be  noted  that  the  limitations  of  this 
paragraph  of  the  section  as  revised  affect  only  the  officers  named  in  the 
section,  and  are  not  applicable  to  the  offices  which  may  be  created  by 
statute.  The  various  limitations  affecting  the  latter  offices  should  prop¬ 
erly  appear  in  the  particular  statute  creating  them  and  not  in  the  Con¬ 
stitution. 

The  provision  as  to  residence  of  these  officers  has  been  retained  in  a 
shorter  form,  but  without  change  in  meaning. 

The  provision  as  to  public  records,  books  and  papers  has  been  put 
in  a  separate  paragraph,  since  it  involves  a  distinct  subject-matter  of  its 
own.  The  words  “public  records  and  papers”  have  been  used  as  the 
equivalent  of  “public  records,  books  and  papers.” 

The  wisdom  of  retaining  this  provision  in  the  Constitution  is  ques¬ 
tionable.  The  provision  first  appeared  in  the  Constitution  of  1870  and 
was  there  adopted  without  discussion.  (See  Debates  1870,  p.  760.) 
It  was  copied  from  the  Constitution  of  Indiana  (Article  VI,  Section 
5),  adopted  in  1851,  where  it  appeared  for  the  first  time  in  any  state 
Constitution.  Similar  provisions  have  since  been  copied  into  the  Consti¬ 
tutions  of  a  number  of  western  states  (see  list  of  states  in  Index  Digest, 
New  York  Constitutional  Convention  1915,  p.  1202)  ;  but  more  than 
two-thirds  of  the  states  of  the  Union  have  no  such  provisions  in  their 
Constitutions.  In  the  fifty  years  since  its  adoption  in  this  State  it  has 
not  been  construed  by  the  courts  and  its  meaning  is  obscure.  What  are 
included  in  the  “public  records,  books  and  papers”?  Does  it  require  all 
the  records,  books  and  papers  of  these  offices  to  be  kept  at  Springfield  ? 
A  number  of  the  officers  mentioned  in  this  section  maintain  branch 
offices  in  the  city  of  Chicago,  where  it  is  found  convenient  and  probably 
necessary  to  keep  a  large  portion  of  the  records  and  documents  of  the 
particular  office.  Thus  the  Attorney  General's  office  maintains  a  branch 
office  in  Chicago,  having  to  do  with  inheritance  taxes.  The  Auditor's 
office,  and  a  number  of  the  departments  organized  under  the  Civil  and 
Administrative  Code,  keep  branches  in  that  city  and  have  certain  records 
there.  The  provision  has  never  been  observed  in  actual  practice  and 


440 


JOURNAL  OF  THE 


[Sept.  6, 


probably  cannot  be  observed  without  seriously  hampering  the  woik  of 
the  State  government.  The  provision  seems  unnecessary,  and  even 
dangerous,  and  accordingly  its  omission  from  the  Constitution  is  sug¬ 
gested.  If  the  provision  is  to  be  retained  it  should  be  limited  to  the 
“books  and  records”  of  the  Executive  Department.  This  point,  which 
is  not  clear  in  the  reference  draft,  has  been  made  clear  m  the  provision 

The  last  clause  of  the  reference  draft,  being  provision  number  7  a5 
above  outlined,  has  been  transferred  to  Section  5  of  this  article,  where 

it  is  discussed.  .  .  ,  ,  -,i 

Section  2.  This  section  of  the  reference  draft  has  been  taken  with¬ 
out  change  from  the  present  Constitution,  except  that  the  clause  as  to 
the  two  year  term  of  the  Treasurer  has  been  dropped.  The  section  con- 

tains  two  ideas:  ,  ,,  ,  ,  ,  •  li 

1.  It  provides  that  the  Treasurer  shall  not  succeed  himself 

f oi  four  years  after  his  term  expires. 

2.  It  provides  that  the  Governor  may  remove  the  Treasurei  it 

that  officer  does  not  furnish  "reasonable  additional  security. 

The  first  provision  as  revised  has  been  shortened  and  condensed, 
but  its  meaning  remains  the  same.  The  word  “term”  includes  either  an 
appointive  or  elective  term  if  nothing  is  said  on  the  point  and  accord¬ 
ingly  the  words  “for  which  he  was  elected  and  appointed  have  been 

'The  second  provision  as  above  outlined  appeared  m  the  Constitution 
for  the  first  time  in  1870.  The  provision  was  inserted  at  that  time 

because  the  Convention  was  in  doubt  as  to  the  ™  '  1  y„?  ^  ?  the 

passed  in  1845  (Ilurd’s  Revised  Statutes,  Chap.  13°,  Sec.  3)  g  g 
Governor  the  power  here  in  question.  (See  Debates  1870,  pp.  809,  8.4.) 
That  Convention,  however,  was  ill  advised,  since  the  General ^mUy 
had  full  power  to  pass  such  a  statute.  A  similar  statute  (Hu 
vised  Statutes,  Chap.  15,  Sec.  3),  gives  the  Governor  the  same  power  to 
remove  the  Auditor,  although  the  Constitution  is  silent  on  the  point,  and 
no  question  as  to  the  validity  of  that  statute  has  ever  been  raised. 

‘  The  wisdom  of  including  such  a  provision  m  the  Constitution  may 

be  Questioned  on  several  grounds .  .  ,  ^ 

1  In  the  half  century  since  the  provision  was  placed  in  the  Con¬ 
stitution  it  has  never  been'  acted  upon  by  the  Governor  and  has  never 

been  construed  by  the  courts.  .  ,,, 

2  The  provision  is  silent  as  to  who  determines  whether  additional 

security”  is  necessary,  and  also  as  to  when  the  Treasurer  is  m  default  m 
regard  to  the  demand  of  the  Governor.  If  these  questions  aie  to  oe 
determined  by  the  Governor,  liis  discretion  in  the  matter  «  not  subject 
to  review.  Such  a  provision  therefore  practically  makes  the  treasurer 

removable  at  the  arbitrary  decision  of  the  Governor. 

3  The  Constitution  does  not  regulate  the  amount  of  the  liea 
urer’s  original  bond ;  that  is  left  to  the  General  Assembly  and  that  bod) 
has  acted8 on  the  point.  (Hurd’s  Revised  Statutes,  Chap.  130,  Section 
1  1  It  is  obviously  incongruous  for  the  Constitution  to  give  the  Gov  ei- 
nor  control  ove^the  “additional  security”  required  of  the  Treasurer  and 


1921.] 


CONSTITUTIONAL  CONVENTION. 


441 


to  leave  to  the  General  Assembly  the  question  of  what  the  security  is  to 
be  in  the  first  instance. 

4.  As  alieady  indicated,  there  is  no  such  constitutional  provision 
affecting  the  bond  of  the  Auditor,  and  yet  the  General  Assembly  has 
passed  a  statute  giving  the  same  power  to  the  Governor  over  the  Audi¬ 
tor  s  bond.  Here  again  it  is  illogical  for  the  Constitution  to  contain 
such  a  provision  affecting  the  Treasurer  and  leave  to  the  General  As¬ 
sembly  the  power  to  _  control  the  Auditor’s  bond.  The  Constitution 
should  either  contain  both  provisions  or  omit  both  provisions. 

Accordingly  it  is  suggested  that  the  provision  in  question  be 
dropped  from  the  section.  However,  if  the  Convention  decides  to  retain 
the  provision,  it  can  be  retained  in  the  same  form  as  the  reference  draft. 

The  number  of  this  section  has  been  changed  in  the  article  as  re¬ 
vised  for  reasons  which  are  apparent. 

Section  3.  This  section  is  the  same  as  the  provision  in  the  present 
Constitution,  except  that  the  years  mentioned  have  been  changed  to 

bring  the  section  down  to  date.  The  section  contains  the  following 
ideas :  c 

1.  It  requires  an  election  for  the  officers  named,  who  are  the 
same  officers  as  those  named  in  the  first  section. 

2.  It  fixes  November  as  the  month  in  which  the  election  shall 
occur. 

3.  It  requires  six  of  these  officers  to  be  elected  in  1924  and  one 
in  1922. 

4.  It  contains  an  indirect  provision  for  a  four  year  term  for 
all  officers  by  requiring  an  election  “every  four  years.7’ 

^  .The  first  provision  as  thus  outlined  is  clearly  covered  by  Section  1. 
ffhe  second  pio\ision  has  been  covered  by  the  proposed  new  article  on 
Suffrage  and  Election,  which  fixes  a  single  election  in  November  each 
year. .  The  third  provision  is  probably  unnecessary,  because  the  officers 
now  m  office  will  automatically  go  out  of  office  on  those  dates  and  suc¬ 
cessors  v  ill  automatically  be  elected  to  succeed  them  on  those  dates. 
However,  a  provision  has  been  suggested  which  may  be  put  in  the  sched¬ 
ule,  if  that  is  felt  necessary.  The  last  provision  as  above  outlined  is 
merely  a  repetition  of  the  provision  in  Section  1  as  to  a  four  year  term 
foi  all  these  officeis.  In  view  of  the  explanations  made  this  section  may 
be  omitted. 

Section  If-.  This  section  also  is  taken  without  change  from  the 
present  Constitution.  In  1870  the  Convention  revised  and  modified  in  a 
substantial  way  the  form  of  the  section  as  it  had  appeared  since  1848. 

If  the  section  is  analyzed  it  will  be  found  to  contain  the  following 
ideas : 

1.  Election  returns  for  officers  of  the  Executive  Department 
must  be  forwarded  to  the  Secretary  of  State,  addressed  to  the 
Speaker  of  the  House. 

2.  That  officer  must  open  and  publish  the  returns. 

3.  This  must  be  done  immediately  after  the  organization  of 
the  Houses. 


442 


JOURNAL  OF  THE  [Sept.  6r 

4.  It  must  be  done  in  the  hall  of  the  House  of  Eepresentatives 
in  the  presence  of  a  majority  of  each  House. 

5.  The  person  shown  to  have  been  elected. for  each  office  by  the 

returns  shall  then  be  declared  elected. 

6.  In  case  of  tie.  the  General  Assembly,  by  joint  ballot,  shall 

choose  for  the  office  one  of  the  persons  tied. 

7.  The  General  Assembly  shall  also  determine  in  the  same  way 

contested  elections. 

In  the  reference  draft  the  section  is  expressed  in  long  and  unwieldy 
sentences  which  are  not  logically  constructed  as  to  subject-matter.  From 
the  point  of  view  of  unity  it  would  seem  that  the  section  should  be  ex¬ 
pressed  in  three  sentences;  first,  a  sentence  containing  the  provision  as 
to  election  returns;  second,  a  sentence  containing  the  provision  as  to 
opening  and  publishing  the  returns  and  declaring  the  persons  elected 
who  are  shown  to  have  been  elected ;  third,  a  sentence  containing  the 
provisions  as  to  tie  votes  and  contested  elections.  The  section  as  levised 
accordingly  follows  this  scheme. 

It  is  apparent  from  the  context  of  the  section  that  the  Speaker  is 
merely  the  as;ent  and  voice  of  the  two  Houses  in  carrying  out  the  pro¬ 
visions  of  the  section.  There  are  two  duties  to  be  performed  by  him : 
First,  the  election  returns  are  to  be  opened  and  published;  and  second, 
the  persons,  showns  to  be  elected  by  the  returns  are  to  be  declared  elected. 
The  latter  provision  is  vague  in  the  reference  draft  because  it  is  ex¬ 
pressed  in  the  passive  voice,  and  because  it  is  not  made  the  specific  dut) 
of  a  particular  person  to  make  the  declaration  in  question.  The  declar¬ 
ation  must  of  course  be  based  on  the  returns  and  cannot  be  an  arbitrary 
one.  Accordingly  the  words  “so  shown”  have  been  added  in  the  section 
as  revised,  and  it  has  been  made  the  duty  of  the  Speaker,  first,  to  open 
and  publish  the  returns,  and  then  to  declare  the  persons  elected. 

In  the  last  sentence  the  words  “if  two  or  more  have  an  equal  and 
the  highest  number  of  votes”  have  been  revised  to  read  “in  case  of  tie.” 
The  phrase  “tie  vote”  is  now  often  found  in  the  law  (see  for  example, 
20  C.  J.  208),  although  these  words  do  not  seem  to  have  been  in  common 
use  a  century  ago  when  the  idea  of  this  provision  first  appeared.  The 
word  “tie”  used  as  a  verb  is  defined  as,  “to  make  or  have  an  equal  score 
with  in  a  contest.”  (See  Webster’s  International  Dictionary.)  Used 
as  a  noun,  the  word  is  defined  as  “a  state  of  equality  among  competing 
or  opposed  parties,  as  when  two  candidates  receive  an  equal  number  of 
votes.”  (See  Century  Dictionary.)  In  Bouvier’s  Law  Dictionary 
(Eawles  Eevision,  Yol.  3,  p.  3277)  the  definition  given  is  as  follows: 

“When  two  persons  receive  an  equal  number  of  votes  at  an 
election  there  is  said  to  be  a  tie.” 

Accordingly  the  shorter  phrase  is  in  all  respects  the  equivalent  o± 

the  longer  one  and  may  be  substituted  for  it. 

As  revised,  the  section  is  shorter  and  more  definite  than  the  refer¬ 
ence  draft  and  each  of  the  provisions  as  above  outlined  has  been  expressed 
without  change  in  meaning.  This  section  has  been  made  Section  2  of  the 
article,  because  it  affects  all  officers  of  the  department  and  logically 
belongs  after  the  provisions  found  in  the  first  section. 


1921.] 


CONSTITUTIONAL  CONVENTION . 


443 


Section  5.  Here  again  the  section  in  the  reference  draft  is  taken 
without  change  from  the  present  Constitution.  In  1870,  however,  the 
Convention  changed  the  section  in  substantial  respects  from  the  form 
in  which  it  had  previously  existed. 

The  first  sentence  of  the  section  contains  two  limitations  affecting 
the  Governor  and  Lieutenant  Governor : 

1.  They  shall  each  be  over  35  years  of  age. 

2.  They  shall  each  be  a  citizen  of  the  State  and  of  the  United 

States  for  ten  years  next  before  their  election. 

The  phrase  a  citizen  of  the  U nited  States”  has  been  dropped  since 
a  person  who  is  a  citizen  of  the  State  is  of  necessity  a  citizen  of  the 
United  States.  (See  Federal  Constitution,  Article  XIV,  Section  1; 
see  also  Slaughter  House  cases,  83  U.  S.  36,  p.  126.) 

As  thus  revised,  the  sentence  contains  all  of  the  ideas  of  the  refer¬ 
ence  draft  stated  in  a  shorter  and  simpler  form. 

The  second  sentence  of  the  section  makes  the  officers  mentioned 
(except  the  Treasurer)  ‘‘ineligible”  for  any  other  office  during  the  period 
for  which  they  are  elected.  It  is  difficult  to  find  any  basis  for  exceptin0, 
the  Treasurer  from  this  limitation.  The  provision  first  appeared  in  the 
Constitution  of  this  State  in  1870.  (Debates  1870,  pp.  760-774.)  There 
was  no  discussion  at  that  time  as  to  why  the  Treasurer  was  left  out  of 
the  provision,  and  indeed  the  implication  from  Section  2  of  the  reference 
draft  would  seem  to  argue  against  leaving  him  out.  Accordingly  the 
sentence  has  been  revised  so  that  it  affects  all  the  officers  mentioned, 
including  the  Treasurer.  If  this  change  is  not  in  accordance  with  the 
wishes  of  the  Convention  the  provision  can  be  restored  to  its  original 
form  by  simply  adding  the  words  “except  the  Treasurer”  after  the  word 
department.” 

The  words  “eligible  to  any  other  office”  are  unfortunate,  since  it 
does  not  appear  whether  the  language  used  means  eligible  at  the  time  of 
the  election  or  eligible  at  the  time  of  taking  office.  "  The  provision  has 
been  revised  so  that  the  test  of  eligibility  is  to  be  applied  at  the  time  of 
taking  office  and  not  at  the  time  of  election. 

Section  6.  This  section  of  the  reference  draft  contains  two  ideas : 

1.  The  supreme  executive  power  is  vested  in  the  Governor. 

2.  The  Governor  shall  take  care  that  the  laws  are  faithfully 

executed. 

Both  of  these  provisions  have  appeared  in  the  Constitution  since 
1818.  The  only  change  made  by  the  Convention  of  1870  was  to  add  the 
word  “supreme”  where  it  appears  in  the  first  provision. 

In  the  second  provision  the  verb  “be  *  *  *  executed”  is  used 
in  the  subjunctive  mood.  In  accordance  with  the  uniform  policy  adopted 
by  this  committee  this  verb  has  been  expressed  in  the  indicative  mood. 

The  second  sentence  of  the  section  as  revised  is  taken  from  the  last 
clause  of  the  first  section  of  the  reference  draft.  The  section  here  in¬ 
volved  deals  with  the  exercise  of  the  executive  power  and  the  provision 
logically  belongs  in  this  section  rather  than  in  Section  1. 

Section  7.  Here  again  the  section  in  the  reference  draft  is  in  the 
same  form  as  in  the  present  Constitution.  The  Convention  of  1870  sub- 


444  JOURNAL  OF  the  [Sept.  6, 

6tantially  modified  and  amplified  the  duties  of  the  Governor  compared 
to  what  they  had  been  before  that  time. 

The  section  contains  fonr  mandates  on  the  Governor : 

1.  He  is  required  to  give  the  General  Assembly  information 
as  to  the  condition  of  the  State. 

2.  He  is  required  to  recommend  measures  which  he  deems 
expedient. 

3.  He  is  required  to  account  to  the  General  Assembly  for 
moneys  subject  to  his  order. 

4.  He  is  required  to  present  estimates  of  the  amount  of  money 
required  to  be  raised  by  taxation. 

The  first  two  provisions  are  in  the  classical  form  found  in  most 
State  Constitutions  and  have  appeared  in  the  Constitution  of  this  State 
without  change  since  1818.  These  provisions  are  copied  from  a  similar 
provision  in  the  Federal  Constitution  (Section  3,  Article  II),  affecting 
the  duties  of  the  President.  Xo  material  change  has  been  made  in  these 
provisions  as  revised. 

The  third  provision  was  added  to  the  Constitution  in  1810.  It  will 
be  noted  that  the  provision  does  not  specify  the  times  when  the  Governor 
shall  account,  but  in  other  respects  it  gives  no  difficulty.  It  seems  to  be 
implied  from  the  section  that  the  Governor  shall  account  at  the  same 
times  mentioned  in  the  first  sentence;  that  is,  at  the  beginning  of  each 
regular  session  and  at  the  close  of  his  term.  At  any  rate,  that  construc¬ 
tion  has  been  put  upon  the  provision  by  the  Governors  of  the  State  in  the 
past.  (See  for  example,  Message  of  Governor  Deneen,  Senate  Journal 
1913,  p.  136,  also  Message  of  Governor  Dunne,  Senate  Journal  1915, 
p.  69.)  Accordingly  this  point  has  been  made  specific  in  the  section  as 
revised. 

The  first  three  provisions  as  above  outlined  have  been  put  in  a  single 
sentence,  since  they  may  be  logically  so  expressed,  in  a  form  that  is  short 
and  clear.  The  provision  as  to  accounting  has  been  put  first  because  the 
words  “General  Assembly”  must  otherwise  be  repeated  in  the  sentence. 

The  fourth  provision  as  above  outlined  was  also  new  in  the  Consti¬ 
tution  of  1870.  At  that  time  the  theory- of  governmental  budgets,  which 
has  been  developed  in  recent  years,  had  not  yet  been  devised.  During  the 
last  two  decades  a  number  of  states  have  adopted  a  systematic  scheme 
for  the  preparation  of  a  governmental  budget.  Some  of  the  states  have 
provided  for  a  budget  system  by  statute,  while  other  states  have  incor¬ 
porated  budget  provisions  in  their  Constitutions.  Thus  Alabama  in  1901 
adopted  a  provision  in  its  Constitution  (Article  IV,  Section  70)  making 
it  the  duty  of  the  Governor,  the  Auditor  and  the  Attorney  General  to 
“prepare  a  general  revenue  bill”  for  each  regular  session.  Other  states 
have  constitutional  provisions  of  a  less  specific  character,  somewhat  along 
the  line  of  the  provision  in  the  present  Constitution  of  Illinois.  There 
is  still  another  group  of  states — and  these  are  the  states  where  the  most 
recent  consideration  has  been  given  to  the  subject — in  which  constitu¬ 
tional  provisions  as  to  a  budget  have  either  been  adopted  or  have  been 
suggested.  The  latest  provision  in  any  state  Constitution  is  found  in 
Massachusetts,  where  the  following  amendment  was  adopted  in  1918: 


1921.] 


CONSTITUTIONAL  CONVENTION. 


445 


“Article  63.  The  Budget.  Within  three  weeks  after  the  con¬ 
vening  of  the  General  Court  the  Governor  shall  recommend  to  the 
General  Court  a  budget  which  shall  contain  a  statement  of  all  pro¬ 
posed  expenditures  of  the  Commonwealth  for  the  fiscal  year,  includ¬ 
ing  those  already  authorized  by  law,  and  of  all  taxes,  revenues,  loans 
and  other  means  by  which  such  expenditures  shall  be  defrayed.  This 
shall  be  arranged  in  such  form  as  the  general  court  may  by  law 
prescribe,  or,  in  default  thereof,  as  the  Governor  shall  determine. 
For  the  purpose  of  preparing  his  budget,  the  Governor  shall  have 
power  to  require  any  board,  commission,  officer  or  department  to 
furnish  him  with  any  information  which  he  may  deem  necessary.” 
It  will  be  noted  that  this  provision,  although  not  long,  is  compre¬ 
hensive  and  specific.  The  duties  of  the  Governor,  and  his  control  over 
the  various  State  officers  and  departments  are  fully  expressed;  and  the 
provision  is  made  self  executing — no  legislation  being  required. 

The  proposed  Constitution  of  New  York,  which  was  defeated  for 
ratification  in  1915,  contained  a  long  and  elaborate  provision  for  a 
budget.  The  matter  w~as  considered  of  such  importance  by  the  Conven¬ 
tion  in  that  state  that  a  separate  article  was  given  to  it.  (Article  Y.) 
The  provision  is  too  long  to  quote  in  this  memorandum,  but  an  abstract 
of  the  article  which  was  submitted  to  the  people  at  the  same  time,  may 
properly  be  given  here,  since  it  discusses  the  theory  of  constitutional 
budgets  in  a  clear  and  intelligent  fashion. 

“Abstract.  This  new  article  makes  the  following  changes: 
At  present  no  official  budget  or  comprehensive  financial  program 
exists  in  this  state,  corresponding  to  everyday  business  practice. 
The  financial  needs  of  government  are  met  by  appropriations  passed 
by  the  legislature  from  time  to  time  in  different  bills,  which  are 
separately  submitted  to  the  Governor  for  his  approval  or  veto.  The 
new  article  is  intended  to  introduce  business-like  methods  into  the 
state’s  affairs  through  an  annual  budget  or  comprehensive  fiscal 
plan.  The  Governor  is  to  receive  in  November  of  each  year  from 
each  department  except  the  legislature  and  the  judiciary  item¬ 
ized  estimates  showing  the  financial  needs  of  such  department  for 
the  ensuing  year.  After  public  hearings  on  such  estimates,  and 
after  revising  them,  and  after  receiving  but  not  revising  similar 
estimates  of  the  legislature  and  judiciary,  the  Governor  on  or  before 
the  first  of  each  February,  shall  submit  to  the  legislature  all  of  such 
estimates,  together  with  proposed  appropriation  bills  and  any  pro¬ 
posed  new  measures  of  taxation,  as  part  of  a  comprehensive  financial 
plan  for  the  state’s  business  during  the  ensuing  year.  Such  plan 
will  show  the  estimated  revenues  for  such  }Tear,  and  will  give  par¬ 
ticulars,  as  to  the  state’s  financial  condition  for  the  preceding  two 
years,  for  purposes  of  comparison  in  examining  the  budget.  Pro¬ 
vision  is  made  for  the  Governor  and  heads  of  departments  meeting 
with  the  legislature  in  discussion  of  the  budget  and  answering  in¬ 
quiries.  The  legislature  may  reduce  or  strike  out  but  not  increase 
budget  items;  and  shall  not  consider  special  appropriation  bills  of 
its  own  until  after  the  budget  has  been  disposed  of.  The  Governor 


446 


JOURNAL  OF  THE 


[Sept.  6, 


retains  his  veto  power  as  heretofore  as  to  all  appropriation  items 
except  as  to  those  revised  and  approved  by  him  beforehand  as  above 
specified/-’ 

This  abstract  shows  the  full  manner  in  which  the  New  York  Con¬ 
vention  decided  to  treat  the  matter  of  a  budget  in  the  Constitution  of 
that  state. 

Another  state  which  has  followed  the  example  of  Massachusetts  and 
New  York,  is  Pennsylvania.  The  present  Constitution  of  that  state  was 
adopted  in  1873;  it  has  no  provision  for  a  budget,  or  even  for  the  sub¬ 
mitting  of  “estimates”  by  the  Governor.  The  proposed  new  Constitution 
submitted  to  the  General  Assembly  of  that  state  in  January,  1921,  con¬ 
tains  a  detailed  provision  for  a  budget  system,  as  follows : 

“Budget  and  Appropriation  Bills.” 

“Article  III,  Section  12.  The  Governor  shall  submit  to  the 
General  Assembly  a  budget  on  or  before  March  1  of  each  year  in 
which  it  shall  be  in  regular  session.  The  budget  shall  contain  a 
complete  plan  of  proposed  appropriations  and  complete  estimates 
of  the  revenues  and  funds  available  for  appropriation  for  the  two 
ensuing  fiscal  years,  including  appropriations  for  charitable,  edu¬ 
cational  and  benevolent  purposes.  In  submitting  proposals  for  ap¬ 
propriations  to  charitable,  educational  or  benevolent  institutions 
not  under  the  absolute  control  of  the  state  government,  the  Gov¬ 
ernor  shall  at  the  same  time  submit  a  plan  of  distribution  among 
the  classes  of  institutions  to  be  benefited. 

When  the  Governor  presents  the  budget  to  the  House  of  Repre- 
sentatives,  he  shall  submit  a  general  appropriation  bill  containing 
the  proposed  appropriations  for  the  fiscal  years  covered  by  the 
budget  and  may  also  submit  any  bill  embodying  recommendations 
as  to  sources  of  revenue. 

The  presiding  officer  of  the  House  of  Representatives  shall  im¬ 
mediately  cause  such  bills  to  be  introduced. 

The  General  Assembly  may  increase,  decrease,  strike  out  or 
otherwise  alter  any  item  in  the  general  appropriation  bill,  or  may 
add  new  items  thereto. 

Until  the  general  appropriation  law  has  been  enacted  neither 
house  shall  consider  an  appropriation  bill  other  than  the  general 
appropriation  bill  unless  the  appropriation  bill  be  solely  for  the 
immediate  needs  of  the  General  Assembly  or  unless  the  Governor 
shall  request  the  General  Assembly  to  act  upon  the  bill  in  advance 
of  the  general  appropriation  bill. 

After  the  general  appropriation  law  has  been  enacted,  no  appro¬ 
priation  shall  be  made  for  any  purpose,  object  or  item  included 
therein  or  in  the  general  appropriation  bill  as  submitted  by  the 
.  Governor,  unless  the  Governor  shall  request  the  General  Assembly 
to  pass  a  bill  making  such  appropriation. 

The  General  Assembly  shall  not  finally  adjourn  for  ten  days 
after  the  general  appropriation  bill  has  been  presented  to  the  Gov¬ 
ernor.” 


1921.] 


CONSTITUTIONAL  CONVENTION. 


44? 


It  will  thus  be  seen  that  in  three  of  the  leading  states  of  the  Union 
the  opinion  prevails  that  a  detailed  constitutional  provision  as  to  a 
“budget”  is  desirable. 

In  Illinois  an  effort  has  been  made  to  secure  a  governmental  budget 
by  statute.  (See  act  of  March  7,  1919,  Hurd’s  Revised  Statutes,  1919, 
Chap.  24%. )  This  act,  however,  seems  to  be  in  conflict,  at  least  super¬ 
ficially,  with  the  constitutional  provision  here  under  discussion,  in 
several  respects.  In  the  first  place,  the  act  is  much  wider  in  its  scope 
than  the  constitutional  provision,  and  the  question  arises  whether  the 
provision  in  the  Constitution  is  not  by  implication  a  limitation  on  the 
Governor  and  the  General  Assembly.  In  other  words,  it  may  be  argued 
that  the  constitutional  duties  imposed  on  the  Governor  cannot  be  en¬ 
larged  by  statute,  nor  can  those  duties  or  similar  duties  be  imposed  on 
any  other  State  officer.  In  the  second  place,  the  act  requires  the  Gov¬ 
ernor  to  submit  the  “budget”  two  weeks  after  the  General  Assembly 
convenes,  while  the  Constitution  requires  him  to  submit  his  “estimates” 
at  the  beginning  of  the  session.  In  the  third  place,  under  the  Constitu¬ 
tion  the  Governor  is  given  no  authority  to  call  upon  the  other  officers  of 
the  Executive  Department  to  assist  him  in  preparing  his  “estimates”: 
while  the  statute  attempts  to  make  it  the  duty  of  these  officers  to  assist 
the  Governor  in  the  preparation  of  the  “budget.”  No  question  has  been 
raised  in  the  courts  as  to  the  constitutionality  of  the  present  Budget  Act, 
but  it  is  obvious  from  what  has  been  said  that  there  are  certain  dis¬ 
crepancies  between  the  act  and  this  constitutional  provision  which  may 
some  day  give  trouble. 

The  point  to  be  remembered  is  that  the  General  Assembly  would 
seem  to  have  ample  power  to  pass  an  adequate  Budget  Act  if  the  pro¬ 
vision  of  the  Constitution  here  in  question  were  omitted.  Under  Section 
1  of  this  article  (Section  5  as  revised)  the  Governor  and  all  other  officers 
of  the  Executive  Department  are  required  to  “perform  such  duties  as  are 
prescribed  by  law.”  Under  this  provision  the  officers  of  the  Executive 
Department  would  no  doubt  be  required  to  assist  the  Governor  in  pre¬ 
paring  a  budget,  as  the  present  statute  provides.  On  the  other  hand,  the 
specific  provision  of  the  Constitution  as  to  “estimates”  concerns  only  the 
Governor. 

The  Convention  of  1870  no  doubt  adopted  this  provision  as  to 
“estimates”  for  the  purpose  of  assisting  the  General  Assembly  in  its 
work,  and  for  the  purpose  of  securing  better  methods  of  State  finance. 
It  will  be  apparent  from  what  has  been  said  that  the  opposite  result  is 
likely  to  follow  if  the  provision  here  under  discussion  is  retained  in  the 
Constitution  in  its  present  form.  As  revised,  the  provision  expresses 
the  full  intention  of  the  reference  draft.  But  the  conclusion  to  be  drawn 
is  that,  if  the  Constitution  is  to  contain  a  provision  as  to  a  budget,  the 
provision  should  be  wide  and  liberal.  The  only  other  safe  course  is  to 
remove  the  provision  entirely  from  the  Constitution  and  thereby  permit 
the  General  Assembly  to  establish  an  adequate  budget  system  by  statute. 

Section  8.  This  section  in  the  present  Constitution  is  in  the  same 
form  as  it  appeared  in  the  Constitution  of  1848.  In  the  reference  draft 
an  amendment  has  been  made  permitting  the  Governor  to  submit  “one 


448 


JOURNAL  OF  THE 


[Sept.  6, 


subsequent  proclamation  or  message”  to  the  General  Assembly  at  a 
special  session.  If  the  section  is  analyzed  the  power  of  the  Governor  to 
call  special  sessions  will  be  found  to  be  subject  to  the  following  limi¬ 
tations  : 

1.  An  “extraordinary  occasion”  must  exist. 

2.  The  Governor  must  issue  a  “proclamation”  calling  the 
special  session. 

3.  The  Governor  must  state  in  the  proclamation  the  purposes 
for  which  the  session  is  called. 

4.  The  General  Assembly  must  limit  its  business  to  the  pur¬ 
poses  stated  in  the  proclamation. 

5.  The  Governor,  however,  may  submit  one  additional  message 
to  the  General  Assembly  during  the  special  session. 

As  revised  the  section  expresses  all  of  these  ideas  in  a  shorter  and 
simpler  form  than  they  appear  in  the  reference  draft.  The  various 
changes  suggested  are  made  for  reasons  which  wTill  be  obvious,  and  they 
need  not  be  discussed  at  length. 

Section  9.  This  section  in  the  reference  draft  is  in  the  same  form 
as  it  appears  in  the  present  Constitution.  It  has  appeared  in  practically 
the  same  form  since  the  first  Constitution  in  1818,  except  that  the 
Convention  of  1870  inserted  the  provision  as  to  the  certificate  of  “the 
House  first  moving  the  adjournment.” 

Ho  change  of  substance  has  been  made  in  the  section,  except  to  per¬ 
mit  either  House  to  certify  the  fact  of  disagreement  to  the  Governor. 
As  the  section  stands  in  the  reference  draft,  it  is  only  the  House  first 
moving  the  adjournment  which  can  make  the  certificate.  The  Debates 
of  1870  (p.  776),  show  that  the  only  purpose  of  the  amendment  made 
at  that  time  was  to  prevent  the  Governor  from  exercising  an  arbitrary 
discretion  in  deciding  when  the  two  Houses  disagreed  as  to  time  of 
adjournment.  There  was  no  intention  to  give  either  House  an  advantage 
over  the  other  in  regard  to  the  certificate,  and  yet  the  provision  as 
adopted  at  that  time  gives  such  an  advantage  to  one  House ;  because  the 
House  “first  moving  the  adjournment”  may  refuse  to  issue  the  certificate 
and  may  thus  thwart  the  intention  of  this  provision.  As  the  section  has 
been  revised,  either  House  may  make  the  certificate  in  question. 

The  minor  changes  made  in  the  wording  of  the  section  are  made  for 
reasons  which  will  be  obvious  and  need  not  be  discussed  in  detail. 

Sections  10  and  11.  These  two  sections  are  both  concerned  with  the 
appointing  power  of  the  Governor.  Their  provisions  logically  belong  in 
a  single  section  and  they  have  accordingly  been  consolidated. 

Section  10  of  the  reference  draft  is  taken  without  change  from  the 
present  Constitution — except  as  to  the  provision  regarding  notaries  pub¬ 
lic,  which  was  added  as  an  amendment. 

Section  11  in  the  reference  draft  is  also  taken  without  change  from 
the  present  Constitution — except  that  the  words  “in  case  the  Senate 
is  not  in  session  when  an  act  creating  an  appointive  office  takes  effect” 
have  been  added  as  an  amendment. 

If  the  two  sections  are  anatyzed  they  will  be  found  to  contain  the 
following  ideas: 


1921.] 


CO  X  S  TIT  OTIOXAL  COX  VEX  TTO  X . 


449 


1.  The  Governor  shall  nominate  and  appoint  all  officers  whose 
appointment  or  election  is  not  otherwise  prescribed  by  law,  but  the 
appointment  shall  require  the  consent  of  the  majority  of  the  Senate. 

2.  No  officer  shall  be  appointed  or  elected  by  the  General 
Assembly. 

3.  The  appointment  of  notaries  public  need  not  be  confirmed 
by  the  Senate. 

4.  If  a  vacancy  exists  during  recess  of  the  Senate  in  any 
office  where  the  consent  of  the  State  is  required  for  the  appoint¬ 
ment,  the  Governor  shall  make  a  temporary  appointment,  to  expire 
with  the  next  meeting  of  the  Senate. 

5.  The  same  provision  applies  to  a  vacancy  existing  when  an 
act  creating  such  an  appointive  office  goes  into  effect  during  recess 
of  the  Senate. 

6.  In  either  of  the  cases  last  mentioned  the  Governor  must 
nominate  some  person  for  the  office  at  the  next  meeting  of  the 
Senate. 

7.  The  person  so  nominated  and  confirmed  by  the  Senate  shall 
hold  office  during  the  remainder  of  the  term. 

8.  Any  person  rejected  by  the  Senate  shall  not  be  nominated 
for  the  same- office  during  the  same  session  unless  at  the  request  of 

the  Senate. 

9.  A  person  rejected  by  the  Senate  shall  not  be  appointed  to 
the  office  during  the  recess  of  the  Senate. 

The  first  provision  contains  the  substantial  grant  of  appointing 
power  to  the  Governor.  The  provision  logically  belongs  in  a  separate 
paragraph,  and  it  has  been  so  revised.  The  language  of  the  reference 
draft  has  been  shortened  and  simplified  but  the  meaning  of  the  pro¬ 
vision  remains  unchanged.  The  detailed  changes  suggested  in  phrase¬ 
ology  need  not  be  discussed. 

Provision  No.  4  as  above  outlined  should  logically  come  next,  since 
it  concerns  the  Governor's  power  of  appointment  during  the  recess  of  the 
Senate.  It  is  obvious  that  this  power  of  the  Governor  should  be  no 
broader  in  scope  than  the  first  provision.  In  other  words,  under  this 
provision,  the  Governor's  power  to  make  temporary  appointments  during 
the  recess  of  the  Senate  should  be  limited  to  the  same  offices  to  which 
he  may  make  appointments  with  the  consent  of  the  Senate  during  its 
session.  But  the  language  of  the  reference  draft  does  not  reach  this 
result,  because  the  scope  of  Section  11  is  broader  than  that  of  Section 

10.  Section  11  purports  to  give  the  Governor  the  appointing  power 
during  the  recess  of  the  Senate,  over  “any  office  which  is  not  elective." 
What  about  offices  which  are  not  elective  but  where  the  appointing  power 
is  vested  in  some  other  officer  than  the  Governor — as  for  example,  bank 
examiners  who  are  appointed  by  the  Auditor  without  confirmation  bv 
anyone.  (Hurd's  Revised  Statutes,  Chap.  16A,  Sec.  8).  The  Governor 
does  not  have  the  appointing  power  over  all  appointive  State  offices. 
(People  v.  Evans,  247  Ill.  547,  1910).  On  the  other  hand,  the  General 
Assembly  may  create  appointive  offices  to  be  filled  by  the  Governor  with¬ 
out  the  consent  of  the  Senate;  in  such  cases  Section  11  is  not  concerned. 

It  is  obvious  from  what  has  been  said  that  the  provision  in  Section  11 
—29  C  J 


450 


JOURNAL  OF  THE 


[Sept.  6, 


as  to  the  appointing  power  of  the  Governor  during  the  recess  of  the 
Senate  is  not  well  expressed.  Accordingly  provision  No.  4  as  above 
outlined  has  been  revised  so  that  it  is  limited  to  the  offices,  where  if  the 
Senate  were  in  session  its  consent  would  be  necessary  for  the  appoint¬ 
ment. 

Provision  No.  5  as  above  outlined  was  added  as  an  amendment  by 
the  Committee  of  the  Whole.  Some  doubt  has  arisen  in  the  past  con¬ 
cerning  the  question  here  involved.  (Debates,  June  2,  1920,  p.  15). 
As  revised,  the  section  reads  “If  a  vacancy  exists  during  the  recess  of  the 
Senate.7’  This  language  covers  a  “vacancy77  arising  under  a  new  law 
as  well  as  a  vacancy  arising  under  an  existing  law.  Accordingly  the 
words  of  the  reference  draft  used  to  express  this  provision  may  be 
dropped. 

Provision  No.  2  as  above  outlined  should  be  construed  in  connection 
with  Section  15  of  the  legislative  article  of  the  present  Constitution, 
forbidding  members  of  the  General  Assembly  to  be  appointed  to  office. 
It  is  obvious  from  the  two  sections  that  the  General  Assembly  is  pro¬ 
hibited  from  exercising  any  power  of  appointment  or  election  and  this 
prohibition  by  implication  is  intended  to  apply  to  both  the  Senate  and 
House  of  Representatives — except  of  course  for  the  appointing  of  the 
particular  officers  of  the  two  Houses  under  Section  9  of  the  Legislative 
Article.  There  is,  however,  no  specific  prohibition  which  prevents  the 
Senate  or  House  of  Representatives  from  being  given  power  to  appoint 
or  elect  officers;  such  prohibition  is,  as  already  stated,  only  inferential. 
Accordingly  the  provision  as  revised  has  been  made  specific,  so  that  it 
covers  the  General  Assembly,  the  Senate  and  tffe  House  of  Representa¬ 
tives,  with  the  exception  just  noted.  The  provision  has  been  put  at  the 
end  of  the  section,  since  that  is  its  logical  place  from  the  point  of  vievr 
of  paragraph  unity. 

The  third  provision  outlined  above,  affecting  notaries  public,  has 
been  slightly  revised  without  change  in  meaning. 

The  seventh  provision  above  outlined  is  unnecessary.  If  the  officer 
in  question  is  nominated  and  confirmed  by  the  Senate  it  follows  as  a 
matter  of  course  that  he  will  hold  office  until  the  end  of  the  term. 
Accordingly  this  provision  has  been  omitted. 

The  eighth  and  ninth  provisions  above  outlined  have  been  revised 
without  substantial  change^  except  to  shorten  and  condense  them.  The 
reference  draft  speaks  of  a  “recess  of  the  General  Assembly.77  This 
language  has  been  changed. to  “recess  of  the  Senate,77  since  that  is  the 
language  used  in  the  first  part  of  the  section. 

As  the  two  sections  have  been  thus  revised  they  express  all  the  ideas 
of  the  reference  draft  in  a  form  which  makes  the  various  provisions 
easier  of  comprehension  and  more  definite  in  their  application.  It  should 
be  observed,  however,  that  the  sections  do  not  touch  upon  all  the  appoint¬ 
ing  power  of  the  Governor.  The  Governors  power  of  appointment  is  of 
five  kinds : 

1.  Original  appointments  in  appointive  offices  requiring  con¬ 
sent  of  the  Senate. 

2.  Temporary  appointments  to  such  offices  during  the  recess 
of  the  Senate. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


451 


3.  Original  appointments  in  appointive  offices  not  requiring 
consent  of  the  Senate. 

4.  Appointments  to  fill  vacancies  in  such  offices. 

5.  Appointments  to  fill  vacancies  in  elective  offices  until  the 
office  can  be  filled  by  election. 

It  is  obvious  that  the  two  sections  here  under  consideration  are 
concerned  with  only  the  first  two  kinds  of  appointment. 

Section  12.  This  section  was  new  in  the  Constitution  of  1870.  .  It 
has  been  taken  over  without  change  by  the  reference  draft.  The  section 

contains  the  following  ideas :  . 

1.  The  Governor’s  power  of  removal  is  made  coextensive  with 

his  power  of  appointment. 

2.  The  power  of  removal  can  only  be  exercised  for  cause,  and 
the  causes  are  incompetency,  neglect  of  duty  and  malfeasance  in 

office. 

3.  The  Governor  may  declare  the  office  vacant  when  the  officer 

has  been  removed. 

4.  The  Governor  may  fill  the  office  as  in  other  cases  of  vacancy. 
The  first  two  provisions  have  been  revised  in  a  somewhat  condensed 

form,  but  their  meaning  remains  the  same. 

The  third  and  fourth  provisions  have  been  dropped  as  unnecessary. 
If  an  officer  is  "removed"  the  office  is  rendered  "vacant,”  without  any 
declaration  to  that  effect.  And  it  follows  as  a  matter  of  course  that 
when  the  office  becomes  "vacant”  the  power  of  the  Governor  to  fill  it 
arises  automatically  under  the  previous  sectiou. 

Section  13.  this  section  is  the  same  as  the  provision  in  the  present 
Constitution  except  that  the  words  "either  unconditionally  or  upon  such 
conditions  and  with  such  restrictions  and  limitations  as  he  may  think 
proper”  have  been  added  as  an  amendment  in  Committee  of  the  Whole. 

The  section  contains  two  main  ideas : 

1.  The  power  of  granting  reprieves,  commutations  and  pard¬ 
ons  is  lodged  with  the  Governor. 

2.  The  procedure  with  reference  to  applying  therefor  shall 

be  regulated  by  the  General  Assembly. 

In  the  section  as  revised  these  two  ideas  have  been  expressed  in  a 
shorter  and  clearer  form  than  in  the  reference  draft,  but  without  change 

in  meaning.  . 

Section  U.  This  section  has  not  been  changed  except  in  matters  o± 

detail. 

The  words  "military  and  naval  forces  of  the  State  have  been 
changed  to  "armed  forces  of  the  State”  in  accordance  with  the  consistent 
language  used  by  this  committee  throughout  its  reports. 

3  The  future  tense  of  the  verb  "shall  be  called”  has  been  changed  to 
the  present  tense  "are  called.”  This  is  in  accordance  with  the  consistent 

policy  adopted  by  this  committee  in  its  reports. 

The  adjective  "same,”  where  it  is  used  as  a  pronoun,  has  been 
omitted.  Attention  has  previously  been  called  to  the  improper  use  of 

this  word. 

Section  15.  This  section  has  been  transferred  without  change  to 
Section  25  of  the  Legislative  Article.  That  section  contains  ihe  pro- 


453 


JOURNAL  OF  THE 


[Sept.  6, 


visions  which  govern  impeachments,  and  it  should  properly  contain  the 
jurisdictional  provision  as  to  what  officers  of  the  State  are  subject  to 
impeachment. 

Section  16.  This  section  of  the  reference  draft  is  the  same  as  the 
section  in  the  present  constitution. 

The  historical  development  of  this  section  is  important.  The  Con¬ 
stitution  of  1870  adopted  the  section  in  a  form  which  contained  about 
one-ha  if  of  the  substance  of  the  section  as  it  now  appears  in  the  Consti- 
tion.  That  Convention  copied  the  section  almost  verbatim  from  the 
Constitution  of  1848.  The  section,  however,  was  not  satisfactory  and  it 
was  amended  by  the  Third  Amendment  to  the  Constitution  adopted  in 
1884.  That  amendment,  in  substance,  added  the  second  paragraph  of 
the  section  excepting  the  last  sentence. 

If  the  section  is  analyzed  it  will  be  found  to  refer  to  the  following 
general  matters : 

1.  All  bills  passed  by  the  General  Assembly  shall  be  submitted 
to  the  Governor,  and  if  he  signs  them  they  become  law. 

2.  The  Governor  may  disapprove  any  bill  or  any  part  of  an 
appropriation  bill. 

3.  In  such  event  the  Governor  is  required  to  return  the  dis¬ 
approved  bill  or  the  appropriation  bill  disapproved  in  part,  together 
with  his  objections,  to  the  House  where  the  particular  bill  originated. 

4.  The  procedure  of  the  two  Houses  in  regard  to  bills  dis¬ 
approved  by  the  Governor  and  in  regard  to  passage  over  the  Gov¬ 
ernor’s  veto  is  given. 

5.  The  Governor  is  required  to  return  bills  within  ten  days 
after  they  are  presented  to  him,  or  the  bills  become  law  without 
his  signature. 

6.  After  the  adjournment  of  the  General  Assembly,  however, 
the  Governor  has  thirty  days  within  which  to  return  bills  to  the 
office  of  the  Secretary  of  State;  otherwise  they  become  law. 

These  various  matters  are  expressed  in  a  clearer  and  more  logical 
form  in  the  section  as  revised. 

The  provision  that  “bills  making  appropriations  of  money  out  of 
the  treasury  shall  specify  the  use  and  purpose  for  which  the  same  are 
made  and  appropriate  to  them  respectively  their  several  amounts  in 
distinct  items  and  sections/’  concerns  the  General  Assembly  and  not  the 
Governor.  It  has  accordingly  been  transferred  to  Section  18  of  the 
Legislative  Article,  where  it  is  discussed. 

The  reference  draft  is  obscure  as  to  what  happens  in  case  the  Gov¬ 
ernor  disapproves  certain  items  of  an  appropriation  bill.  Does  he  sign 
the  bill  which  he  disapproves  in  part?  This  uncertainty  has  been  made 
clear  in  the  section  as  revised  by  requiring  the  Governor  to  sign  such 
appropriation  bill  and  “append”  to  the  bill  a  statement  of  his  objections 
to  the  particular  items  or  sections. 

The  procedural  provisions  affecting  the  method  of  reconsideration 
in  both  Houses,  after  the  Governor  has  disapproved  a  bill,  have  been 
shortened  and  simplified  in  the  provision  as  revised,  but  without  change 
in  meaning. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


453 


l.Qe  pi  o vision  that  a  vote  by  "yeas  and  nays”  shall  be  entered  noon 
the  journal,  is  dropped,  because  under  the  Legislative  Article  the  "final 
passage”  of  all  bills  requires  such  a  vote  and  such  an  entry  upon  the 
journal.  It  seems  unnecessary  to  repeat  this  provision  in  this  section. 

As  revised  the  section  contains  all  the  ideas  of  the  reference  draft 
without  change  in  meaning. 

Sections  17  and  19.  These  two  sections  concern  a  single  subject- 
matte],  namely,  the  succession  to  the  office  of  Governor^  and  they  have 
accordingly  been  consolidated. 

Both  of  these  sections  in  the  reference  draft  are  taken  without 
change  from  the  present  Constitution.  The  Convention  of  1870,  how¬ 
ever,  changed  and  revised  each  section  in  substantial  respects  from  the 
form  in  which  they  had  previously  appeared. 

If  the  two  sections  are  analyzed  they  will  be  found  to  be  concerned 
with  fourteen  possible  contingencies : 

1.  A  permanent  vacancy  in  the  office  of  Governor  when  the 
Lieutenant  Governor  is  available  to  succeed. 

2.  The  same  situation  when  the  Lieutenant  Governor  is  not 
available. 

3.  A  temporary  vacancy  in  the  office  when  the  Lieutenant 
Governor  is  available. 

4.  The  same  situation  when  the  Lieutenant  Governor  is  not 
available. 

5.  A  permanent  vacancy  after  the  Lieutenant  Governor  has 
succeeded  the  Governor  when  the  President  of  the  Senate  is  avail¬ 
able. 

6.  The  same  situation  when  the  President  of  the  Senate  is 
not  available. 

7.  A  temporary  vacancy  under  the  same  situation  when  the 
President  of  the  Senate  is  available. 

8.  The  same  situation  when  the  President  of  the  Senate  is 
not  available. 

9.  A  permanent  vacancy  after  the  President  of  the  Senate 
has  succeeded  to  the  office  when  the  Speaker  of  the  House  of  Rep¬ 
resentatives  is  available. 

10.  The  same  situation  when  the  Speaker  of  the  House  is  not 
available. 

11.  A  temporary  vacancy  under  the  same  situation  when  the 
Speaker  of  the  House  is  available. 

12.  The  same  situation  when  the  Speaker  of  the  House  is  not 
available. 

13.  When  the  Speaker  of  the  House  has  succeeded  to  the  office 
and  thereafter  the  office  becomes  permanently  vacant. 

14.  The  same  situation  when  the  office  becomes  temporarily 
vacant. 

The  reference  draft  is  fairly  clear  in  its  application  to  several  of 
these  contingencies,  but  a  number  of  them  are  not  specifically  covered 
by  the  provisions  in  the  present  Constitution.  Thus  it  may  be  asked, 
what  happens  under  the  present  Constitution  if  the  Speaker  of  the 
House  succeeds  the  President  of  the  Senate  because  of  temporary  dis- 


454 


JOURNAL  OF  THE 


[Sept.  G, 


ability  ?  Does  the  Speaker  succeed  permanently  or  does  the  President 
of  the  Senate  have  the  right  to  again  take  up  the  office  when  the  tem¬ 
porary  cause  of  his  inability  has  been  removed? 

The  reference  draft  also  is  confusing  in  its  classification  of  the 
causes  which  may  give  rise  to  succession.  The  phrase  “in  case  of  the 
death,  conviction  on  impeachment,  failure  to  qualify,  resignation,  absence 
from  the  State,  or  other  disability,”  would  seem  to  classify  all  causes 
under  the  one  heading  of  “disability.”  Such  a  classification  is  incon¬ 
gruous  for  several  reasons.  In  the  first  place,  the  Governor  cannot  prop¬ 
erly  be  said  to  be  under  “disability”  when  he  is  dead.  Nor  is  he  strictly 
speaking  under  "disability”  when  he  has  resigned.  In  the  third  place, 
if  the  word  “disability”  is  correctly  used  it  may  be  said  that  the  Gov¬ 
ernor  is  not  disabled  because  of  absence  from  the  State.  (The  President 
of  the  United  States,  under  the  established  precedents,  is  not  disabled 
when  he  is  absent  from  the  country.)  Further  criticism  of  the  classifi¬ 
cation  of  the  reasons  for  succession  given  in  the  reference  draft  could 
be  made.  If  these  reasons  are  analyzed  it  will  be  found  there  are  four 
classes  of  causes  which  may  give  rise  to  succession  to  the  office: 

1.  Where  the  office  is  rendered  permanently  vacant,  as  by  the 
death  of  the  incumbent  or  by  his  ouster  by  conviction,  or  by  his 
resignation. 

2.  Where  the  person  in  the  office  has  been  disabled,  as  by 
illness,  insanity,  etc.  The  disability  may  be  either  temporary  or 
permanent,  depending  on  the  facts. 

3.  Where  the  party  is  absent  from  the  State.  Under  the  Con¬ 
stitution  he  is  forbidden  to  perform  the  functions  of  the  office. 

4.  Where  the  person  is  neither  disabled  nor  absent  from  the 
State,  but  simply  has  not  yet  qualified  for  the  office. 

In  the  section  as  revised,  this  order  of  classification  of  causes  for 
succession  has  been  observed. 

The  reference  draft  provides  that  if  the  office  of  Governor  is 
vacated  by  his  death  or  resignation,  or  other  means,  the  Lieutenant  Gov¬ 
ernor  shall  succeed  to  the  “powers,  duties  and  emoluments  of  the  office.” 
As  a  matter  of  fact,  when  the  Governor  dies  the  Lieutenant  Governor 
assumes  the  office  and  becomes  “Governor.”  This  has  been  estab¬ 
lished  by  precedent  in  this  State.  The  language  of  the  reference 
draft  therefore  seems  not  well  chosen  in  this  particular.  Attention 
should  here  be  called  to  the  experience  in  the  recent  conventions  in  New 
York  and  Pennsylvania.  In  both  of  these  states  the  existing  Constitu¬ 
tion  is  practically  identical  in  this  particular  with  the  existing  Constitu¬ 
tion  of  Illinois.  But  the  Convention  of  1915  in  New  York  and  the 
Commission  of  1920  in  Pennsylvania  both  provided  that  when  the 
office  of  Governor  becomes  vacant  the  Lieutenant  Governor  shall  “become 
Governor.”  (See  proposed  Constitution  for  New  York  1915,  Article 
IV,  Section  6,  and  proposed  Constitution  for  Pennsylvania  1920,  Article 
iy.  Section  14.)  Accordingly  the  section  as  revised  here  makes  the 
Lieutenant  Governor  succeed  to  the  office  of  Governor  when  that  office  is 
vacant. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


455 


The  question  arises  as  to  what  would  happen  if  the  Governor  and 
Lieutenant  Governor  should  die  or  be  disqualified  and  there  should  be 
no  President  of  the  Senate  or  Speaker  of  the  House  at  the  time ;  or  if 
both  of  the  last  mentioned  officers  should  also  be  disqualified  or  dis¬ 
abled.  The  Constitution  is  silent  in  this  regard;  it  fails  to  cover  the 
contingencies  enumerated  in  numbers  10,  12,  13  and  14  as  above  out¬ 
lined.  It  seems  advisable  to  have  a  provision  in  the  Constitution  cover¬ 
ing  these  contingencies.  Accordingly  it  is  suggested  that  some  provision 
like  the  following  be  added  to  the  section: 

“If  there  is  no  person  qualified  to  act  as  Governor  the  General 
Assembly  shall  convene  in  special  session  upon  the  call  of  not  less 
than  five  members  thereof,  for  the  purpose  of  choosing  some  person 
to  act  as  Governor  until  the  office  is  filled,  either  by  the  qualification 
of  the  proper  person  or  by  an  election.” 

Section  IS.  This  section  has  been  transferred  to  Section  9  of  the 
Legislative  Article.  If  the  section  is  analyzed  it  will  be  found  to  contain 
three  ideas : 

1.  The  Lieutenant  Governor  shall  be  President  of  the  Senate. 

2.  He  shall  vote  only  when  the  Senate  is  evenly  divided. 

3.  The  Senate  shall  choose  a  president  pro  tempore  to  pre¬ 
side  when  the  Lieutenant  Governor  is  absent. 

The  subject  matter  of  each  of  these  provisions  is  purely  legislative; 
the  section  has  no  proper  place  in  the  Executive  Article.  As  the  section 
has  been  revised  in  the  Legislative  Article  it  contains  all  the  ideas  of  the 
reference  draft  without  change  in  meaning. 

Section  20 .  Ibis  section  has  not  been  changed  save  in  certain 

minor  details.  The  verb  “shall  be  vacated”  in  the  reference  draft  is  used 
m  the  passive  voice;  it  has  been  changed  to  the  active  voice.  The  future* 
tense  of  this  verb  has  been  changed  to  the  present  tense,  to  conform  to 
the  consistent  usage  adopted  by  this  committee  throughout  its  reports. 
The  future  form  of  the  verb  “shall  be  elected,”  in  the  last  part  of  the 
leference  diaft,  has  been  changed  to  “is  elected”  for  the  same  reason 
The  clause  “in  such  manner  as  may  be  provided  by  law”  is  unnecessary 
and  has  been  dropped. 

Sections  21  and  22.  These  sections  are  both  concerned  with  the 
same  subject-matter,  namely,  reports  from  the  officers  of  the  Executive 
Department  and  the  officers  of  the  public  institutions  of  the  State.  The* 
two  sections  have  therefore  been  consolidated. 

If  the  two  sections  are  analyzed  they  will  be  found  to  contain  the* 
following  ideas : 

1.  The  officers  of  the  Executive  Department  and  of  all  the* 
public  institutions  of  the  State  shall  report  to  the  Governor  semi¬ 
annually  and  give  an  account  of  all  moneys  received  and  disbursed 
by  them. 

Any  officer  making  a  false  report  shall  be  guilty  of  perjury 
and  punished  accordingly. 

3.  Each  of  the  officers  named  in  No.  1  above  shall  also  report 
to  the  Governor  ten  days  before  each  regular  session  of  the  Genera! 
Assembly. 


456 


JOURNAL  OF  TILE  .  [Sept.  6, 

4  The  Governor  shall  transmit  the  reports  to  the  General 
Assembly. 

5.  The  Governor  may  at  any  time  require  further  reports  in 
writing  from  each  these  officers. 

It  will  be  noted  that  the  reference  draft  refers  to  “reports  of  the 
judges  of  the  Supreme  Court  of  defects  in  the  Constitution  and  laws  ” 
Ihe  provision  m  Section  31  of  the  present  Judiciary  Article,  requiring 
such  reports  from  the  judges  of  the  Supreme  Court,  has  been  dropped 
from  tne  judiciary  proposal  as  adopted  bv  the  Convention.  The  clause 
above  quoted  should  accordingly  be  omitted  from  this  section. 

It  is  obvious  that  the  phrase  “the  officers  of  the  Executive  Depart- 
ment'  is  not  intended  to  include  the  Governor,  since  these  officers  report 
to  the  Governor,  and  since  the  Governor  is  required  elsewhere  in  the 
Constitution  to  submit  a  message77  to  the  General  Assemblj7'. 

-  Under  the  reference  draft  each  “officer77  of  “all  public  institutions 
ot  the  kJate  is  required  to  make  the  report  in  question.  The  clear 
import  of  the  section  is  to  require  this  report  only  from  the  chief  officer 

of  such  public  institutions.  The  section  as  revised  makes  this  point 
clear.  r 

The  last  part  of  Section  22,  concerning  further  “information77  which 
may  be  required  by  the  Governor  of  these  officers,  is  long  and  involved. 
The  provision  has  been  shortened  and  simplified  in  the  section  as  revised 
without  change  in  meaning. 

Section  23.  This  section  has  not  been  changed  except  to  condense 
it  by  omitting  unnecessary  words. 

Section  2^.  This  section  of  the  reference  draft  is  the  same  as  Sec¬ 
tion  23,  Article  V,  of  the  present  Constitution.  In  1870  a  number  of 
scattered  provisions  in  the  Constitution  of  1848  were  gathered  together 
and  the  subject-matter  of  those  provisions  was  incorporated  in  the  first 

sentence  of  this  section.  The  second  sentence  of  the  section  was  new  in 
1870. 

If  the  section  is  analyzed  it  will  be  found  to  contain  the  following 
ideas:  ° 

1.  Ihe  officers  named  in  the  Executive  Article  shall  receive 
salaries  and  shall  receive  no  other  compensation. 

2.  Ihe  salary  of  any  such  officer  shall  not  be  increased  or 
diminished  during  his  term. 

3.  All  fees  which  are  payable  by  law  for  the  services  of  anv 
officer  named  in  the  Executive  Article  shall  be  “paid  in  advance  into 
the  State  Treasury.77 

The  first  provision  as  above  outlined  has  been  revised  in  a  shorter 
and  simpler  form,  but  without  change  in  meaning. 

The  second  provision  has  been  dropped  because  its  substance  has 
been  included  in  a  general  provision  applicable  to  all  officers  of  the 

State,  which  has  been  incorporated  in  Section  21  of  the  Legislative 
Article  as  revised. 

Ine  third  provision  as  above  outlined  was  intended  to  require  that 
all  fees  or  other  payments  made  by  the  public  to  the  officers  of  the  Ex¬ 
ecutive  Department  should  be  paid  in  advance  “into  the  State  treasurv.77 
In  other  words,  the  fees  should  not  be  paid  to  the  particular  officer  rend- 


1921.] 


CONSTITUTIONAL  CONVENTION. 


457 


ering  the  service,  but  should  be  paid  directly  to  the  Treasurer.  This 
provision  appeared  as  a  separate  section  when  first  introduced  into  the 
Convention  in  1870;  it  was  consolidated  with  this  section  by  the  Com¬ 
mittee  on  Kevision  and  Adjustment  of  that  Convention.  (See  Debates 
1870,  p.  67;  also  p.  1386;  also  p.  1782).  For  this  reason  and  for  the 
reason  that  the  provision  here  in  question  is  not  directly  concerned  with 
the  first  sentence  of  the  section  in  the  reference  draft,  the  two  provisions 
have  been  revised  into  separate  paragraphs. 

It  is  common  knowledge  that  this  provision  has  not  produced  the 
result  intended;  namely,  to  require  all  fees  to  be  paid  directly  “into  the 
State  treasury.”  Some  of  the  officers  of  the  Executive  Department  have 
traditionally  received  large  sums  of  money  for  the  service  rendered  by 
the  particular  department,  and  the  money  is  later  paid  by  the  depart¬ 
ment  into  the  State  treasury.  In  the  provision  as  revised,  the  fees  are 
required  to  be  paid  “in  advance”  and  the  particular  officer  receiving 
them  is  required  to  pay  them  “at  once”  into  the  State  treasury.  There 
is  another  method  by  which  some  Constitutions  arrive  at  the  same  result; 
that  is,  any  person  desiring  any  service  from  one  of  these  departments 
shall  first  pay  the  fee  directly  into  the  State  treasury  and  receive  a 
receipt  from  the  State  Treasurer,  which  will  entitle  him  to  the  services 
concerned  when  presented  to  the  particular  officer.  Your  committee 
appreciates  the  full  consideration  which  has  been  given  to  this  section 
by  the  Committee  on  the  Executive  Proposal,  but  suggests  that  the  Con¬ 
vention  should  adopt  either  one  of  the  two  methods  just  outlined  in 
regard  to  this  provision  if  it  is  to  be  made  effective.  That  is,  the  Con¬ 
vention  should  adopt  the  plan  of  permitting  payment  to  be  made  to  the 
particular  officer  rendering  the  service,  and  then  require  that  officer  to 
pay  the  money  “at  once  into  the  State  treasury,”  as  suggested  in  the 
revision  of  this  committee;  or  the  Convention  should  revise  the  pro¬ 
vision  in  such  a  manner  that  fees  shall  be  paid  directly  into  the  State 
treasury  and  a  receipt  presented  to  the  particular  officer  for  the  service 
desired. 

Section  25.  Yo  change  has  been  made  in  this  section  except  to  omit 
unnecessary  words.  The  section  is  applicable  to  all  officers  in  the  State 
and  should  be  transferred  to  a  general  article  on  “Officers.” 

Section  26.  The  first  sentence  of  this  section  has  been  incorporated 
m  Section  4  of  the  Legislative  x4rticle,  where  the  provision  is  discussed 
at  legnth. 

The  second  sentence  of  the  section  has  been  transferred  to  Section 
21  of  the  Legislative  Article,  where  an  inclusive  provision  covering  the 
same  ground  has  been  revised  and  where  the  matter  is  fully  discussd. 

Section  27.  Yo  change  has  been  suggested  in  this  section. 

Section  28.  Yo  change  has  been  suggested  in  this  section. 

Section  29.  This  section  is  new  to  this  Convention.  As  revised, 
the  section  contains  all  the  ideas  of  the  reference  draft  in  a  somewhat 
shorter  and  simpler  form. 

The  reports  of  the  committee  were  ordered  printed  and  the  pro¬ 
posals  included  therein,  were  placed  on  the  order  of  second  reading. 

Mr.  Wall  offered  the  following  resolution  and  moved  its  adoption : 


458 


JOURNAL  OF  THE 


[Sept.  6, 


Resolution  No.  35. 

Resolved,  That  when  the  Convention  adjourns  today  it  adjourn  to  meet 
on  Tuesday,  January  3,  1922,  at  10:00  o’clock  a.  m. 

Whereupon,  Mr.  Whitman  offered  as  a  substitute  the  same  resolu¬ 
tion,  with  the  time  of  reconvening  changed  from  January  3,  1922,  to 
November  1,  1921. 

The  question  being  on  the  adoption  of  the  substitute,  it  was  decided 
in  the  negative. 

The  question  recurring  on  the  adoption  of  the  resolution,  a  division 
was  had  resulting  as  follows:  Yeas,  31;  nays,  11. 

And  the  resolution  was  adopted. 

Mr.  Mighell  offered  the  following  resolution  and  moved  its  adoption : 

Resolution  No.  36. 

Resolved,  That  it  is  the  desire  of  this  Convention  that  the  vacancies 
in  its  membership  caused  by  death  or  resignation  be  filled  by  special  elec¬ 
tion  and  it  recommends  to  the  Governor  that  such  elections  be  called. 

And  the  resolution  was  adopted. 

At  the  hour  of  11:35  o'clock  a.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  in  accordance  with  the  resolution,  heretofore  adopted,  the  Con¬ 
vention  stood  adjourned  until  Tuesday,  January  3,  1922,  at  10  :00  o'clock 
a.  m. 


1921.] 


CONSTITUTIONAL  CONVENTION. 


459 


TUESDAY,  JANUABY  3,  1922,  10:00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Bev.  W.  T.  Bodgers,  of  the  P  irst  Presby¬ 
terian  Church,  of  Macomb. 

The  Journal  of  Wednesday,  December  8,  1920,  having  been  printed, 
and  placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules, 
was  taken  up  and,  no  corrections  appearing,  was  ordered  to  stand  ap¬ 
proved. 

The  Convention  proceeding  on  the  order  of  Beports  of  Standing 
Committees ;  Mr.  Clarke  presented  a  supplemental  report,  amending 
sections  6  and  7  of  Beport  No.  12,  of  the  Committee  on  Phraseology 
and  Style,  submitted  to  the  Convention  on  September  6,  1921,  as  fol¬ 
lows  : 

Amend  Beport  No.  12,  the  legislative  article,  by  substituting  m 

lieu  of  sections  6  and  7,  thereof,  the  following: 

Section  6.  The  General  Assembly  shall  apportion  the  State  at  any  ses¬ 
sion  which  may  be  then  pending,  or,  if  none,  then  at  its  first  session 
following  the  adoption  of  this  Constitution  and  in  the  year  1931  and  every 
ten  (10)  years  thereafter,  into  fifty-seven  (57)  senatorial  districts,  each  of 
which  shall  elect  one  Senator  whose  term  of  office  shall  be  four  (4)  years 
and  the  basisi  of  senatorial  apportionment  shall  be  the  number  of  voters 
who  voted  for  Governor  at  the  last  regular  election  at  which  a  Governor 
was  elected  previous  to  the  apportionment. 

The  territory  now  constituting  the  county  of  Cook  shall  be  divided  by 
the  General  Assembly  into  nineteen  (19)  senatorial  districts  and  the  num¬ 
ber  of  such  voters  in  that  territory  shall  be  divided  by  the  number  nineteen 
(19)  and  the  quotient  shall  be  the  ratio  of  representation  in  the  Senate  for 
that  territory. 

The  territory  now  constituting  the  remainder  of  the  State  shall  be 
divided  by  the  General  Assembly  into  thirty-eight  (38)  senatorial  districts 
and  the  number  of  such  voters  in  that  territory  shall  be  divided  by  the 
number  thirty-eight  (38)  and  the  quotient  shall  be  the  ratio  of  representa¬ 
tion  in  the  Senate  for  that  territory. 

When  a  county  contains  two  (2)  or  more  ratios  of  its  territory  it  shall 
be  divided  by  the  General  Assembly  into  as  many  senatorial  districts  as  it 
has  such  ratios.  Districts  in  counties  so  divided  shall  be  bounded  b\  pie- 
cinct  or  ward  lines,  or  both;  all  other  senatorial  districts  shall  be  bounded 
by  county  lines. 

All  senatorial  districts  shall  be  formed  of  compact  and  contiguous  terri¬ 
tory  and  the  districts  in  each  territory  shall  contain  as  nearly  as  practicable 
an  equal  number  of  such  qlectors  but  in  no  case  less  than  four-fifths  (%)  of 
the  ratio  for  that  territory. 

Senators  shall  be  so  elected  that  the  term  of  those  now  in  office  shall 
not  be  disturbed.  They  shall  be  divided  into  two  classes  so  that  one-half 
as  nearly  as  practicable  shall  be  chosen  biennially. 

Section  7.  At  the  same  time  that  the  senatorial  apportionment  is 
made  the  State  shall  be  apportioned  into  representative  districts. 

Members  of  the  House  of  Representatives  shall  be  elected  for  the  term 
of  two  (2)  years  from  each  county  or  district. 


460 


JOURNAL  OF  THE 


[Jan.  3, 


Each  county  shall  be  entitled  to  one  representative  in  the  House  of 
Representatives.  Each  county  having  a  population  in  excess  of  fifty  thou¬ 
sand  (50,000)  shall  have  one  additional  representative  for  each  additional 
fifty  thousand  (50,000)  population,  or  major  fraction  thereof. 

Each  county  entitled  to  more  than  one  representative  shall  be  divided 
by  the  General  Assembly  into  as  many  representative  districts  as  there  are 
representatives  to  be  elected  from  such  county.  Such  districts  shall  be 
formed  of  compact  and  contiguous  territory  bounded  by  precinct  lines  and 
containing  as  nearly  as  practicable  an  equal  number  of  inhabitants  but  in 
no  case  less  than  four-fifths  {%)  of  the  quotient  resulting  from  dividing 

the  population  of  that  county  by  the  number  of  representatives  to  which 
it  is  entitled. 

The  Supplemental  Report  was  ordered  printed  and  placed  on  the 
order  of  second  reading. 

At  the  hour  of  10  :35  o  clock  a.,  m.,  Mr.  Barr  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 


2:00  o’Clock  P.  M. 

The  hour  of  2  :00  o’clock  p.  m.,  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

Mi.  Ban  moved  that  when  the  Convention  adjourns  todav,  it  stand 
adjourned  until  Tuesday,  January  31,  1922,  at  10:00  o’clock^,  m. 

And  the  motion  prevailed. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 


Committee  Report. 

lour  Committee  on  Rules  and  Procedure  recommend  that  sections  6 
and  7  of  Report  No.  12  from  the  Committee  on  Phraseology  and  Style  on 
Proposal  No.  366,  now  pending  on  second  reading  be  made  a  special  order 
for  Tuesday,  January  31,  1922,  and  each  succeeding  Convention  Day  there¬ 
after  until  final  disposition  thereof  on  second  reading;  that  said  sections 
6  and  7  be  considered  and  debated  together,  and  final  vote  be  first  taken  on 
said  section  7,  then  on  said  section  6,  or  amendments  thereto  or  substitutes 
therefor,  respectively. 


The  question  being  on  the  adoption  of  the  report  of  the  committee, 
a.  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  60;  navs,  1. 


Those  voting  in  the  affirmative  are 

:  Messrs. 

Barr 

Dunlap 

Hull 

Miller 

Sneed 

Beckman 

Dupuy,  G.  A. 

Iarussi 

Mills 

Stahl 

Brandon 

Elting 

Ireland 

Moore 

Sutherland 

Carlstrom 

Gale 

Jack 

Nichols 

Taff 

Chew 

Ganschow 

Jarman 

O’Brien 

Traeger 

Clarke 

Gee 

Johnson,  L.  C. 

Paddock 

Trautmann 

Coolley 

Goodyear 

Kerrick 

Parker 

Warren 

Davis 

Gray 

Lindly 

Scanlan 

Whitman 

Dawes 

Green 

Mack 

Shanahan 

Wilson 

De  Young 

Hamill 

McGuire 

Shaw 

Wolff 

Dietz 

Hogan  . 

Meinert 

Shuey 

Woodward 

Dryer 

Hollenbeck 

Mighell 

Smith 

Mr.  President 

Yeas — 60. 

Those  voting  in  the 

Torrance 

negative  are : 

Mr. 

Nays — L 

And 

adopted. 

the  report  of 

the  Committee 

on  Rules  and 

procedure  was 

1922.] 


CONSTITUTIONAL  CONVENTION. 


461 


Mr.  Hull  moved  that  Article  I,  of  Proposal  Xo.  385  presented  by 
the  Committee  on  Phraseology  and  Style,  as  Eeport  Xo.  8,  Chicago  and 
Cook  County,  reported  to  the  Convention  on  September  6,  1921,  be  re¬ 
committed  to  the  Committee  on  Phraseology  and  Style. 

And  the  motion  prevailed. 

Upon  request  of  their  colleagues  delegates,  Revell,  Corlett,  McEwen, 
Cutting,  W.  A.  Johnson  and  Kunde,  were  excused  from  attendance  at 
todav’s  session  of  the  Convention. 

At  the  hour  of  3  :30  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  in  accordance  with  the  motion  heretofore  adoptee],  the  Con¬ 
vention  stood  adjourned  until  Tuesday,  January  31,  1922,  at  10:00 
o’clock  a.  m. 


462 


JOURNAL  OF  THE 


[Jan.  31. 


TUESDAY,  JANUARY  31,  1922,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Lev.  Charles  A.  Briggs,  of  the  First 
Methodist  Church,  of  Freeport. 

The  Journal  of  Tuesdatq  September  6,  1921,  having  been  printed, 
and  placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules, 
was  taken  up  and  no  corrections  appearing,  was  ordered  to  stand  ap¬ 
proved. 

The  President  laid  before  the  Convention  the  Certificates  of  Elec¬ 
tion  of  the  Delegates  chosen  at  the  special  election  held  on  January  23, 
1922,  to  fill  the  vacancies,  in  the  several  districts,  in  this  Convention, 
caused  by  death  and  resignation  which  were  read  at  large  by  the  Secre¬ 
tary. 

Whereupon  Mr.  Gale  moved  that  the  Certificates  of  Election  be 
referred  to  the  Committee  on  Qualifications  and  Election  of  Delegates. 

And  the  motion  prevailed. 

Mr.  Gale  thereupon  submitted  the  following  report: 

Your  Committee  on  Qualifications  and  Election  of  Delegates  to  which 
was  referred  the  certificates  of  election  of  the  following  persons,  elected  to 
fill  vacancies  in  the  office  of  delegates,  in  their  respective  districts,  respect¬ 
fully  reports  that  said  persons  were  duly  elected  as  delegates  to  this 
Convention  and  are  entitled  to  seats  herein: 


Dist. 

Name. 

Address. 

County. 

Party. 

2 

George  W.  Tebbens.  . . 

.  .1212  S.  Ashland 

Ave., 

Chicago  . 

. Cook . 

. Rep. 

20 

Charles  D.  Cary . 

.  Kankakee  . 

22 

B.  H.  Pinnell . 

.  .Kansas . 

27 

Stanley  Adamkiewicz. 

..1029  Milwaukee 

Ave., 

Chicago  . 

. Cook . 

. .  .  .Dem. 

40 

Edward  E.  Adams.  .  . . 

.  .Taylorville  . 

45 

B.  L.  Catron . 

.  Springfield  . 

. Sangamon.  . .  . 

Mr.  Fifer  moved  that  a  committee  of  five  Delegates  be  appointed, 
by  the  President,  to  call  upon  the  Judge  of  the  Circuit  Court  of  Sanga¬ 
mon  County  and  request  him  to  administer  the  oath  of  office  to  the 
Delegates-elect. 

And  the  motion  prevailed. 

The  President  thereupon  appointed  as  such  committee,-  Messrs: 
Fifer,  Six,  Paddock,  Cruden  and  Gale. 

Mr.  Fifer,  from  the  committee  heretofore  appointed  to  wait  upon 
the  Judge  of  the  Circuit  Court  and  request  him  io  administer  the  oath 
of  office  to  the  Delegates-elect,  announced  that  Judge  Elbert  S.  Smith, 
of  the  Circuit  Court,  of  Sangamon  County,  was  present  and  ready  to 
perform  that  duty. 

Whereupon  the  oath  of  office  was  administered  by  Judge  Smith 
to  the  Delegates-elect. 

The  President  thereupon  directed  the  Secretary  to  place  the  names 
of  the  Delegates-elect  on  the  Poll  of  the  Convention. 

The  Convention  proceeding  on  the  order  of  Reports  of  Standing 
Committees,  Mr.  Clarke  submitted  the  following  reports : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


463 


Report  No.  4. 


YOUR  COMMITTEE  ON  PHRASEOLOGY  AND  STYLE,  TO 
WHICH  WAS  REFERRED  A  PROPOSAL  RELATING  TO 
EDUCATION  (INTRODUCTION  NO.  359,  REFERENCE  NO. 
3)  AS  AMENDED  IN  COMMITTEE  OF  THE  WHOLE,  RE- 
SPECTFULUY  REPORTS  IT  HAS  CONSIDERED  SUCH 
PROPOSAL  AND  HEREWITH  SETS  FORTH  IN  PARALLEL 
COLUMNS  SAID  PROPOSAL  AS  ADOPTED  IN  COM¬ 
MITTEE  OF  THE  WHOLE  ON  THE  LEFT,  AND  A  SUB¬ 
STITUTE  THEREFORE  AS  RECOMMENDED  BY  THIS 
COMMITTEE  ON  THE  RIGHT. 


Resolved,  That  the  following  shall  become  a  part  of  the  Constitu¬ 
tion  of  Illinois: 


Section  1.  The  General  Assembly 
shall  provide  a  thorough  and  efficient 
system  of  free  schools,  whereby  all 
children  of  this  State  may  receive  a 
good  common  school  education. 

Section  2.  The  General  Assembly 
shall  make  adequate  provision  for  the 
maintenance  and  development  of  the 
University  of  Illinois. 

Section  3.  All  lands,  moneys,  or 
other  property  donated,  granted  or 
received  for  school,  college,  seminary 
or  university  purposes,  and  the  pro¬ 
ceeds  thereof,  shall  be  faithfully  ap¬ 
plied  to  the  objects  for  which  such 
gifts  or  grants  are  made. 

Section  4.  Neither  the  General 
Assembly  nor  any  county,  city,  town, 
township,  school  district  or  other 
public  corporation  shall  ever  make 
any  appropriation  or  pay  from  any 
public  fund  whatever,  anything  to 
any  church  or  for  any  sectarian  pur¬ 
pose,  or  to  any  school,  academy, 
seminary,  college,  university  or  other 
literary  or  scientific  institution  con¬ 
trolled  by  any  church  or  sectarian 
denomination  whatever,  otherwise 
than  through  the  power  of  eminent 
domain;  nor  shall  any  grant  or 
donation  of  land,  money  or  other 
personal  property  ever  be  made  by 
the  State,  or  any  such  public  cor¬ 
poration  to  any  church  or  for  any 
sectarian  purpose.  This  section  shall 
not  apply  to  any  institution  which 
has,  within  two  years  prior  to  Janu¬ 
ary  1,  1920,  received  public  funds 
for  services  rendered,  until  fifteen 
years  after  the  adoption  of  this  Con¬ 
stitution. 


(No  change). 


(No  change). 


Section  3.  Property  received  for 
public  education  and  the  proceeds  of 
such  property  shall  not  be  diverted 
to  another  purpose. 


Section  4.  Except  in  payment  of 
rent  or  purchase  price,  or  for  the 
hospital  care  of  the  sick  when  only 
a  sectarian  hospital  is  available,  no 
public  money  shall  be  paid  or  other 
public  property  be  given  or  applied 
for  any  sectarian  purpose  or  to  any 
institution  controlled  by  a  church  or 
sect. 


4  64 


JOURNAL  OF  THE 


[Jaiu  31, 


Section  5.  No  state,  county,  town¬ 
ship,  or  district  school  officer  shall 
be  interested  in  the  sale,  proceeds 
or  profits  of  any  book,  apparatus  or 
furniture,  used  or  to  be  used,  in  any 
school  in  this  State,  with  which 
such  officer  may  be  connected,  under 
such  penalties  as  may  be  provided 
by  the  General  Assembly. 


Section  5.  No  school  officer  shall 
be  financially  interested  in  any  con¬ 
tract  concerning  any  school  with 
which  he  is  connected,  or  in  any 
book,  apparatus'  or  furniture  used 
in  such  school. 


Section  6.  There  may  be  a  county 
superintendent  of  schools  in  each 
county  whose  qualifications,  powers, 
duties,  compensation,  and  time  and 
manner  of  election,  and  term  of 
office,  shall  be  prescribed  by  law. 


Section  6.  In  each  county  there 
may  be  a  county  superintendent  of 
schools  whose  qualifications,  time 
and  manner  of  election,  term  of 
office,  powers,  duties,  and  compen¬ 
sation  shall  be  prescribed  by  law'. 
Respectfully  submitted, 

Elam  L.  Clarke, 

George  A.  Barr, 

Thos.  Rinaker, 

C.  B.  T.  Moore, 

Eugene  H.  Dupee, 

H.  E.  Torrance, 

Committee  on  Phraseology  and  Style. 


IN  RE  PROPOSAL  NO.  359. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom 
panying  Report  on  Proposal  No.  359,  being  a  Proposal 

in  Relation  to  Education. 

Sections  1  and  2.  As  will  be  observed,  no  change  is  recommended 
in  these  sections.  The  first  is  a  repetition  of  the  first  section  of  the 
Article  on  Education  in  the  Constitution  of  1870.  The  second  section  -s 

3  “e  Of°  these  sections  it  should  be  noted  that  neither  of  them  is  in  form 
a  limitation  upon  the  powers  of  the  General  Assembly,  but  eaci  o 
is  in  form  a  mandate.  By  these  two  sections  the  General  Assembly  is 
required,  first,  to  provide  free  schools  for  children,  and  second  to  main¬ 
tain  and  develop  the  University  of  Illinois.  As  stated  in  this  co  . 
mittee’s  first  report,  it  is  not  the  function  of  the  Constitution  to  confer 
power  upon  the  General  Assembly,  but  the  State  has  all  power  not  by 
the  Federal  Constitution  vested  in  the  Federal  Government  and  the 
Legislative  Department  of  the  State  is  the  repository  of  all  State  power 
not  denied  to  the  Legislature  or  conferred  by  the  State  Constitution 
upon  some  other  branch  of  the  State  Government.  When,  there  ore  a 
constitution  purports  to  grant  power  to  the  General  Assembly  it  is 
effect  an  attempt  to  confer  power  upon  omnipotence.  As  this  is  an 
possibility,  the  courts  construe  such  provisions  as  limitations  of  powei. 
(People  v.  Couchman,  15  Ill.  142,  1853;  People  v.  Salomon,  51  Ill.  37, 
1869-  Chicago  &  Alton  R.  R.  v.  People ,  67  Ill.  11?  1873;  Updike 
Wright,  81  Ill.  49,  1876;  Sanner  v.  Patton,  155  Ill.  553 
Hutchinson  172  Ill.  486,  1898;  Christie  v.  People,  206  Ill.  337,  1903, 
Bwd  of  Commissioners,  221  Ill.  493  1906  ;PeopUv.  DMe 
Gemeinde,  249  Ill.  132,  1911.)  Thus  the  first  section  of  this  article  l- 
held  to  prevent  the  exclusion  of  any  children  from  the  public  school,.. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


465 


Colored  children  or  unvaccinated  children  cannot  be  excluded  since  the 
provision  reads:  “whereby  all  children  of  this  State  may  receive  a  good 
common  school  education."  ( People  v.  Mayor  of  Alton ,  193  11!.  309, 
1901  People  v.  Board  of  Education ,  234  Ill.  422,  1908.)  It  should  be 
considered,  therefore,  what  additional  limitations,  if  any,  are  imposed  by 
these  sections.  Is  the  General  Assembly  thereby  forbidden  to  pass  laws 
providing  for  schools  other  than  schools  for  children,  for  instance  tech¬ 
nical  schools  for  adults,  or  institutions  or  higher  learning  other  than 
the  University? 

Section  3.  This  is  the  same  as  section  2  of  the  Article  on  Educa¬ 
tion  in  the  present  Constitution  with  the  exception  of  the  tense  of  the 
final  verb  which  in  the  present  Constitution  is  “were”  and  in  the  refer¬ 
ence  draft  .is  “are.”  The  substance  of  this  section  first  appeared  in  the 
rejected  Constitution  of  1862.  The  debates  of  that  Convention  indicate 
that  its  primary  purpose  was  to  prevent  the  diversion  of  the  lands  granted 
by  the  Federal  Government  to  the  State  in  aid  of  education.  ( Debates  of 

*J  v 

Convention,  1862,  March  14;  remarks  of  Mr.  Lawrence).  It  was  incor¬ 
porated  into  the  Constitution  of  1810  without  explanation  or  debate. 
The  Supreme  Court  early  held  that  this  section  prevented  the  taxation 
of  school  property  and  even  a  levy  of  special  assessments  for  benefits. 
( City  of  Chicago  v.  People ,  80  Ill.  384,  1875;  People  v.  Trustees ,  118 
111.  52,  1886.)  In  the  case  of  Crosse  v.  People,  218  Ill.  342,  1905,  how¬ 
ever,  the  Supreme  Court  held  that  the  use  of  the  past  tense  in  the  verb 
“were”  indicated  that  the  section  was  intended  to  exempt  from  taxation 
only  lands  donated  prior  to  1810.  As  the  argument  of  the  opinion  based 
upon  the  grammatical  construction  is  not  persuasive,  it  may  be  surmised 
that  the  decision  was  prompted  in  part  by  the  belief  that  school  lands 
ought  not  to  be  exempted  from  special  assessments,  save  as  the  Constitu¬ 
tion  imperatively  required. 

The  debates  in  Committee  of  the  Whole  indicate  that  in  changing 
the  word  “were”  to  “are”  it  was  the  intention  to  avoid  the  effect  of  the 


decision  in  Crosse  v.  People,  and  to  include  in  the  forbidden  diversion  all 
taxation,  general  and  special,  on  property  which  has  been  in  the  past,  or 
may  be  in  the  future,  given  for  public  educational  purposes.  Tour  com¬ 
mittee  assumes  that  it  was  not  the  intention  of  the  Convention  to  forbid 
by  this  section  diversion  of  gifts  made  to  private  educational  institutions. 
( University  of  Chicago 1  v.  People,  118  111.  565,  1886.) 

The  section  as  adopted  in  Committe  of  the  Whole  is  in  the  affirm¬ 
ative,  leaving  the  intended  prohibition  to  inference.  The  better  form  is 
to  express  the  prohibition  intended  and  this,  of  course,  can  only  be  done 
by  a  negative. 

“Lands”  and  “money”  are  property  and  when  the  diversion  o! 
“property”  is  forbidden  there  is  included  a  prohibition  upon  diversion 
of  lands  and  money  and  therefore  your  committee  has  consolidated  the 
words  “all  lands,  money  or  other  property”  into  the  word  “property.” 
Under  the  section  as  adopted  in  Committee  of  the  Whole,  it  is  required 
that  “property  donated,  granted  or  received”  shall  be  “faithfully  applied. 
Property  cannot  be  “faithfully  applied”  until  it  is  “received  and  the 
words  “donated”  and  “granted”  are  therefore  unnecessary.  It  may  be 


—30  C  .J 


JOURNAL  OP  THE 


[Jan.  31, 


doubted  whether  it  is  necessary  to  include  as  your  committee  lias,  the 
words  “and  the  proceeds  of  such  porperty,”  but  in  view  of  the  stress  laid 
by  the  Supreme  Court  upon  the  use  of  the  words  “'proceeds  thereof”  in 
the  case  of  People  v.  City  of  Chicago ,  216  Ill.  537,  1905,  your  committee 
has  considered  it  more  prudent  to  use  the  words  “and  the  proceeds  of 
such  property.” 

Under  the  section  as  adopted  in  Committee  of  the  Whole  it  may  he 
doubted  whether  property  given  for  school  purposes  could  be  applied 
to  either  a  college  or  seminary  or  university,  or  whether  money  given  for 
university  purposes  could  be  applied  to  either  a  school,  college  or  semi- 
narv ;  while  under  the  form  recommended  bv  your  committee  the  onlv 
prohibition  is  that  the  property  shall  not  be  diverted  from  educational 
purposes  and  the  authorities  in  control  of  any  parpertv  given,  for  educa¬ 
tion  would  not  by  this  section  alone  be  forbidden  to  apply  such  property 
to  some  other  educational  activity. 

Section  4.  This  section  appeared  in  the  Constitution  for  the  first 
time  in  1810  (Debates  1870,  pp.  617-626).  In  County  of  Cool :  v.  In¬ 
dustrial  School ,  125  Ill.  540,  1888.  it  was  held  that  the  section  forbids 
payment  of  money  for  care  of  children  committed  to  sectarian  institu¬ 
tions  by  the  courts.  But  in  Dunn  v.  Chicago  Industrial  School ,  280  Ill. 
613,  1911,  it  was  held  that  such  payments  might  be  made  when  it  clearly 
appeared  that  the  payment  was  less  than  it  would  cost  to  care  for  the 
inmate  in  a  State  institution.  See  also  Dunn  v.  Addison  School,  281 
HI.  352,  1917;  Trost  v.  Ketteler  Manual  Training  Schoool,  282  Ill.  504 
1918;  and  St.  H  eg  wig’s  School  v.  County  of  Cool,  289  Ill.  432,  1919. 

The  debates  in  Committee  of  the  Whole  indicate  an  intention  to 
change  the  rule  thus  laid  down  by  the  Supreme  Court  and  forbid  pay¬ 
ments  to  sectarian  institutions  even  when  such  payments  are  less  than 
the  cost  of  keeping  the  inmate.  Two  exceptions  are  made:  (a)  pay¬ 
ments  are  permitted  for  property  taken  by  eminent  domain,  and  (b) 
aplication  of  the  section  to  certain  institutions  is  postponed  for  fifteen 
years. 

By  the  reference  draft  (I)  the  General  Asemblv,  any  (II)  county, 
(III)  city,  (IV)  town,  (V)  township,  (VI)  school  district,  (VII)  other 
public  corporations  are  forbidden  ever  to  make  (1)  appropriations,  (2) 
payments,  (3)  grants,  (4)  donations,  to  (a)  any  church,  or  (b)  for  any 
sectarian  purpose.  It  is  also  forbidden  to  make  (1)  appropriations,  or 
(2)  payments  to  (c)  any  school,  (d)  academy,  (e)  seminaries,  (f)  col¬ 
leges,  (g)  universities,  or  (h)  other  literary  or  (i)  scientific  institutions 
controlled  by  (x)  any  church,  or  (y)  sectarian  denomination.  The 
order  is  loose  and  without  logical  arrangement.  If  the  section  be  made 
to  read  so  that  the  payment  of  any  public  money  or  the  giving  or  appli¬ 
cation  of  any  public  property  to  the  forbidden  purposes  is  prohibited, 
there  is  obviouslv  no  need  for  including  the  General  Assemblv,  countv, 
city,  town,  township,  school  district,  and  other  corporations.  Accord¬ 
ingly,  vour  committee  has  phrased  its  draft  so  as  to  forbid  the  payment 
of  public  money  or  the  giving  or  application  of  public  property  to  the 
forbidden  purposes.  When  there  is  a  prohibition  upon  the  payment  of 
money  or  the  giving  or  application  of  property,  it  seems  unnecessary  to 
forbid  (1)  appropriations,  (2)  payments,  (3)  grants,  or  (4)  donations, 


1922.] 


CONSTITUTIONAL  CONVENTION. 


467 


and  it  would  seem  that  the  concepts  included  in  “schools,  academies, 
seminaries,  colleges,  universities  and  other  literary  or  scientific  institu¬ 
tions  controlled  by  any  church  or  sectarian  denomination”  are  adequately 
and  more  briefly  expressed  by  “sectarian  purposes  or  to  any  institution 
controlled  by  a  church  or  sect.” 

Under  the  reference  draft  no  payment  could  be  made  from  public 
moneys  for  rent,  or  purchase  price  in  the  event  property  should  be  leased 
to,  or  bought  by,  the  public  from  a  church  or  sectarian  institution.  The 
reference  draft  evidently  contemplated  that  the  property  of  sectarian 
institutions  could  be  acquired  by  the  public  only  through  condemnation 
proceedings.  It  has  been  suggested  to  your  committee  by  many  dele¬ 
gates,  including  the  mover  of  this  section,  that  this  prohibition  was 
broader  than  is  desirable  and  that  the  Constitution  should  not  prohibit 
the  purchase  or  lease  of  church  or  sectarian  property  by  the  State  or  a 
subdivision  thereof.  Accordingly,  the  draft  of  your  committee  excepts 
from  tlie  prohibition  moneys  paid  for  rent  or  purchase  price.  If  the 
Convention  should  not  desire  to  make  this  change  the  exception  as 

written  in  the  reference  draft  can  of  course  he  easilv  substituted.  The 

♦  * 

other  exception  made  by  the  reference  draft  by  postponing  the  applica¬ 
tion  of  the  section  in  certain  cases,  vour  committee  has  thought  should 
lie  inserted  in  the  schedule  and  it  is  accordingly  omitted  here. 

It  would  seem  from  the  debates  in  Committee  of  the  Whole  (Debates 
of  May  6.  page  3),  that  it  was  not  the  intention  of  the  Convention  to 
prohibit  payment  for  the  care  of  public  charges  by  hospitals,  though 
controlled  by  churches  or  sects.  Your  committee  is  informed  that  in 
many  of  the  counties  of  the  State  there  are  no  county  cr  other  public 
hospitals  and  the  county  poor  are  customarily  cared  for  in  private  or 
charitable  hospitals  at  the  expense  of  the  county.  Upon  the  assumption 
that  it  is  not  the  intention  of  the  Convention  to  interfere  with  this 
practice,  your  committee  has  inserted  in  its  draft  an  exception  “or  for 
the  hospitals  care  of  the  sick  when  only  a  sectarian  hospital  is  available.” 

It  should  be  noted  that  by  the  reference  draft  all  of  the  provisions 
of  the  section  are  denied  application  to  certain  institutions  for  fifteen 
years.  This  was,  of  course,  not  the  intention.  It  was  only  intended 
that  during  that  period  limited  payments  could  he  made. 

Tn  general  it  should  he  noted  that  the  reference  draft  is  long,  in¬ 
volved  and  ambigious ;  it  contains  one  hundred  words  in  a  single  sen¬ 
tence  and  must  he  read  over  and  over  again  before.it  can  be  understood. 
It  is  a  striking  example  of  the  offense  against  unity  of  thought  which 
should  he  observed  above  all  in  constitutional  drafting.  (See  Herrick 
&■  Damon,  “Composition  and  Rhetoric,”  p.  305 ;  Wendell,  “English 
Composition,”  pp.  223-224 ;  Wooley,  “Handbook  of  Composition,’  pp. 
29-30;  Hitchcock,  “Composition  and  Rhetoric,”  pp.  379-382:  Willard, 
“Legislative  Handbook,”  p.  151;  Ilbert,  “Mechanics  of  Law  Making,” 
p.  117.) 

Bv  its  redraft  your  committee  has  sought  also  to  correct  what 
appears  to  be  in  the  reference  draft  a  violent  breach  of  the  rule  laid 
down  in  Ilbert,  “Mechanics  of  Law  Making,”  p.  117,  as  follows: 

“Avoid  enumeration  of  particulars.  It  is  almost  impossible  to 

make  enumerations  exhaustive,  and  accidental  omission  max  he  com- 


468 


JOURNAL  OF  THE 


[Jan.  31, 


strued  as  implying  deliberate  exclusion  in  accordance  with  the 
maxim  Expressio  unius  est  exclusio  alterius.  State  each  rule  in 
general  terms  and  so  far  as  practicable  test  each  application  to  a 
particular  case  for  the  purpose  of  seeing  how  far  it  will  work  in 

each  case/5 

This  section  probably  does  not  belong  in  the  educational  article  and 
upon  the  second  reference  to  this  committee  it  will  doubtless  be  relocated. 

That  part  of  the  reference  draft  which  your  committee  recommends 
should  be  included  in  the  schedule  has  been  rephrased  thus : 

"Section  4  of  Article  8  shall  not  apply  for  fifteen  yeais  aftei 
•  the  adoption  of  this  Constitution  to  payments  made  for  partial 
support  of  inmates  in  institutions  which  have  received  such  pa- 
ments  from  public  funds  since  Januaiy  1,  191b.  # 

Section  5.  Section  five  as  it  appears  in  the  reference  draft  is  a 
good  instance  of  weakening  the  prohibition  by  multiplying  words.  "A  o 
school  officer55  as  it  appears  in  the  draft  of  your  committee  is  a  stronger 
prohibition  than  “no  state,  county,  township,  or  distiict  school  officer 
of  the  reference  draft  and  it  is  assumed  .that  the  purpose  of  the  section 
is  to  make  the  prohibition  as  strong  as  language  permits. 

If'  the  Constitution  is  construed  as  presently  speaking,  as  it  should 
he  under  correct  rules  of  construction,  there  is  no  need  of  multiplying 

tenses  of  verbs  as  in  “used  or  to  be  used.55 

Bv  inserting  "financially55  it  is  thought  the  words  “sale,  proceeds 

or  profit55  can  be  omitted.  .  ... 

Believing  that  it  was  the  intention  of  the  Convention  to  prohibit 
the  making  of  profit  by  any  school  officer  by  reason  of  his  official  posi¬ 
tion,  your  committee  has  inserted  a  prohibition  upon  liis  financial  in¬ 
terest  in  any  contract  concerning  his  school.  Under  the  from  reported 
by  your  committee  a  school  officer  is  forbidden  to  make  a  piofit  from  any 
contract,  such  as  one  for  the  purchase  of  land  for  a  school.  This  is  not 

forbidden  by  the  reference  draft.  „ 

Your  committee  has  omitted  the  final  clause  of  the  refeience  draft, 
"under  such  penalties  as  may  be  provided  by  the  General  Assembly, 
because  this  confers  no  power  upon  the  General  Assembly  and  might 
be  construed  as  imposing  some  limitation.  Whether  this  phrase  be  left 
or  not,  the  forbidden  contract  will  be  voidable  if  not  void,  but  no  other 
punishment  may  be  visited  upon  an  offender  unless  the  General  As¬ 
sembly  shall  so  provide.  Such  provision  may  be  made  just  as  well  with¬ 
out  this  last  clause  as  with  it. 

It  is  probable  that  this  section  can  be  consolidated  to  advantage  with 
another  section  prohibiting  fraudulent  transactions  by  officers  or  em¬ 
ployees  of  the  State.  This  will  have  the  attention  of  your  committee 

upon  the  second  reference.  ■' 

Section  6.  By  putting  the  phrase  “in  each  count}  at  the  be¬ 
ginning  of  the  sentence  instead  of  in  the  position  which  it  occupies  in 
the  reference  draft,  the  relative  “whose  5  is  made  to  follow  immediately 
its  antecedent,  thus  clarifying  the  sense.  (See  Herrick  &  Damon, _  "Com¬ 
position  and  Bhetoric55,  p.  305;  Wooley,  "Handbook  of  Composition  ,  p. 
33;  Gerrish  &  Cunningham,  "Practical  English  Composition55,  p.  201.) 


1922.] 


CONSTITUTIONAL  CONVENTION. 


469 


rrhe  rearrangement  of  the  order  of  the  rest  of  the  sentence  is  for  the 
purpose  of  making  the  development  of  the  ideas  chronological. 

Of  this  section  it  should  be  noted  that  it  creates  no  office  and  confers 
no  power  upon  the  General  Assembly.  There  are  contained  in  it  three 
limitations  upon  the  power  of  the  General  Assembly.  First,  if  there 
shall  be  a  superintendent  of  schols,  he  must  be  elected;  second,  the 
qualifications,  the  time,  and  manner  of  his  election,  the  term  of  his 
office  and  his  powers,  duties  and  compensation  must  be  prescribed  by 
law,  i.  e.  by  the  General  Assembly  and  not  by  the  county  authorities; 
and  third,  if  there  be  county  superintendents,  there  must  be  one  for 
each  county. 


Report  No.  5. 

YOUB  COMMITTEE  ON  PHRASEOLOGY  AND  STYLE.  TO 
WHICH  WAS  REFERRED  A  PROPOSAL  ENTITLED  BOUN¬ 
DARIES,  (INTRODUCTION  NO.  357,  REFERENCE  NO  4) 
AS  AMENDED  IN  COMMITTEE  OF  THE  WHOLE  RE¬ 
SPECTFULLY  REPORTS  THAT  IT  HAS  CONSIDERED 
SUCH  PROPOSAL  AND  RECOMMENDS  THAT  THE  ARTI¬ 
CLE  ON  BOUNDARIES  BE  OMITTED  FROM  THE  NEW 
CONSTITUTION.  BUT  IF  THE  ARTICLE  ON  BOUNDAR¬ 
IES  IS  TO  BE  RETAINED,  YOUR  COMMITTEE  RECOM¬ 
MENDS  THAT  ITS  FORM  BE  CHANGED.  ACCORDINGLY 
YOUR  COMMITTEE  HEREWITH  SETS  FORTH  IN  PAR  AL¬ 
LEL  COLUMNS  SAID  PROPOSAL  AS  ADOPTED  IN  COM¬ 
MITTEE  OF  THE  WHOLE  ON  THE  LEFT  AND  A  SUBSTI¬ 
TUTE  THEREFOR  AS  DRAFTED  BY  THTS  COMMITTEE 
ON  THE  RIGHT. 


Resolved,  That  the  following  shall  become  a  part  of  the  Constitu- 
lion  of  Illinois: 


The  boundaries  and  jurisdiction 
of  the  State  shall  be  as  follows,  to- 
wit:  Beginning  at  the  mouth  of  the 
Wabash  River;  then  following  up 
the  middle  of  the  same,  and  with 
the  line  of  Indiana  to  the  northwest 
corner  of  said  State;  thence  east 
with  the  line  of  the  same  State  to 
the  middle  of  Lake  Michigan;  thence 
north,  along  the  middle  of  said  lake, 
to  the  line  of  north  latitude  forty- 
two  degrees  and  thirty  minutes,  as 
the  same,  projected  east,  was,  or  may 
hereafter  be,  ascertained,  surveyed, 
established  and  marked  as  the  north¬ 
ern  boundary  of  this  State  under  the 
Acts  of  Congress,  now  in  force  or 
which  may  hereafter  be  enacted; 
thence  west  along  the  line  so  ascer¬ 
tained,  established,  surveyed  and 


The  boundaries  of  this  State  are 
as  follows: 

Beginning  at  the  mouth  of  the 
Wabash  River,  thence  up  the  middle 
of  that  river  to  a  point  where  said 
middle  is  intersected  by  the  line 
(projected  south)  between  the  States 
of  Illinois  and  Indiana,  as  estab¬ 
lished  by  the  Act  of  this  State  en¬ 
titled  “An  Act  establishing  the  line 
between  the  States  of  Illinois  and 
Indiana”,  approved  on  the  seven¬ 
teenth  day  of  February,  1823;  thence 
north  along  said  line  to  the  north¬ 
west  corner  of  the  State  of  Indiana, 
thence  east  along  the  northern 
boundary  of  the  State  of  Indiana  to 
the  middle  line  of  Lake  Michigan; 
thence  northerly  along  the  middle 
line  of  Lake  Michigan  to  a  point 


470 


JOURNAL  OF  THE 


[Jan.  31, 


marked,  projected  west,  to  the 
middle  of  the  Mississippi  River; 
thence  down  and  along  the  middle 
of  that  river  to  its  confluence  with 
the  Ohio  River  and  thence  up  the 
latter  river  along  its  northwestern 
shore  to  the  place  of  beginning. 

Provided,  That  this  State  shall 
exercise  such  concurrent  jurisdiction 
as  the  Federal  Congress  has  granted 
or  hereafter  may  grant  to  this  State 
over  the  Mississippi,  Ohio  and  Wa¬ 
bash  rivers  and  other  navigable 
waters  constituting  any  part  of  the 
boundary  lines  of  this  State,  and 
also  such  further  jurisdiction  as  this 
State  and  any  bordering  state  may 
agree  upon  and  provide  by  law  not 
inconsistent  with  the  Federal  Consti¬ 
tution  or  any  Act  of  the  Congress  of 
the  United  States. 


where  said  middle  line  is  intersected 
by  a  line  (projected  easterly)  ascer¬ 
tained,  surveyed  and  marked  in  the 
year  1832  by  the  joint  commission  of 
the  United  States  and  the  State  of 
Illinois  as  north  latitude  forty-two 
(42)  degrees  thirty  (30)  minutes; 
thence  w'esterly  along  said  line,  as 
established  by  said  joint  commission, 
to  the  middle  of  the  Mississippi 
River;  thence  southerly  along  the 
middle  of  that  river  to  its  confluence 
with  the  Ohio  River;  thence  along 
the  northwest  shore  of  the  Ohio 
River  to  the  place  of  beginning. 


Respectfully  submitted, 

Elam  L.  Clarke,  Chairman. 
Thos.  Rixaker, 

Charles  B.  T.  Moore, 
Herbert  E.  Torrance, 
Edward  H.  Brewster. 
Committee  on  Phraseology  and  Style. 


IN  RE  PROPOSAL  NO.  357. 

Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  357,  being  a  Proposed 
Relative  to  the  Boundaries  of  the  State  of  Illinois. 


The  Act  of  Congress  of  April  18,  1818,  enabling  the  people  of  Illi¬ 
nois  to  form  a  State,  fixed  its  boundaries  and  required  its  first  Constitu¬ 
tional  Convention  to  accept  them.  Accordingly,  the  Constitution  of  1818 
contained  an  article  ratifying  the  boundaries  thus  established  and  a 
similar  article  on  boundaries  has  appeared  in  every  Constitution  since 
that  elate. 

The  State  was  bounded  by  natural  monuments,  except  for  a  portion 
of  the  line  between  Illinois  and  Indiana,  and  the  line  between  Illinois 
and  Wisconsin.  The  Illinois-Indiana  boundary  was  surveyed  in  the 

%j  */ 

year  1821  by  a  joint  commission  of  the.  two  states.  (Illinois:  Act  of 
February  6,  1821,  providing  for  such  commission;  also  Act  of  February 
17,  1823,  approving  the  survey  as  made.  Indiana:  Act  of  January  8, 
1821;  Joint  Resolution,  December  11,  1821).  Apparently  no  difficulty 
has  ever  arisen  over  this  survey.  The  northern  boundary  of  the  State 
was  fixed  by  the  Enabling  Act  as  42°  30'  north  latitude  and  all  of  the 
Constitutions  of  the  State  have  so  described  it.  However,  the  line  as  it 
was  surveyed  and  as  it  has  always  been  observed ;  diverges  from  north 
latitude  42°  30',  and  the  facts  here  involved  should  be  considered  by  the 
Convention. 


1922.  ] 


CONSTITUTIONAL  CONVENTION. 


471 


This  line  was  surveyed  by  a  joint  commission  of  the  United  states 
and  the  State  of  Illinois.  The  commission  was  authorized  on  the  part 
of  the  United  States  by  an  Act  of  Congress,  passed  April  18,  1831,  and 
on  the  part  of  Illinois  by  the  Act  of  January  2,  1829.  (Revised  Laws  of 
Illinois,  1829,  p.  11).  A  supplementary  Act  was  passed  in  this  State 
February  5,  1831,  which  provided  that  the  survey  should  be  made  by 
“celestial  observation  and  not  by  mariner’s  compass”,  and  further  pro¬ 
vided  that  stone  markers  should  be  set  up  on  the  line  every  five  miles. 
The  commission  started  its  work  in  October,  1831,  at  a  point  on  the 
Mississippi  River  and  surveyed  the  line  eastward  to  some  distance  east 
of  the  Rock  River  when  winter  intervened.  The  Black  Hawk  War  pre¬ 
vented  the  continuance  of  the  work  in  the  following  spring  and  the 
survey  was  not  completed  until  January,  1832. 

The  report  of  the  commissioner  for  the  United  States  may  be  found 
in  the  Congressional  Journal,  Senate  Document  234,  24th  Congress 
First  Session.  The  report  of  the  commissioner  for  Illinois  was  filed 
with  the  Governor,  February  12,  1833  (See  H.  J.  1833,  p.  504),  and 
may  be  found — together  with  the  field  notes  of  the  survey — in  the  office 
of  the  Auditor  of  Public  Accounts.  The  commissioners  explain  in  their 
report  that  the  inclemency  of  the  weather  prevented  a  survey  by  celestial 
observation  and,  accordingly,  the  line  was  surveyed  by  use  of  the  compass. 
The  commissioners  also  explain  that  the  difficulty  of  getting  suitable 
stone  prevented  the  marking  of  the  line  as  the  Act  required  and,  ac¬ 
cordingly,  the  line  was  marked  in  a  comparatively  few  places. 

Tlie  line  as  surveyed  is  inaccurate  and  departs  in  several  localities 
from  true  north  latitude  42°  30'.  The  best  discussion  of  the  subject  is 
found  in  “Bulletins  Wisconsin  ‘Hist.  Soc.  Coll.  XI,  ‘The  Boundaries  of 
Wisconsin/  ”  p.  501,  where  the  divergence  of  the  line  as  surveyed  is 
described  by  Prof.  Reuben  G.  Thwaites  of  the  University  of  Wisconsin. 
He  quotes  Prof.  John  E.  Daviess  of  the  United  States  Coast  and  Geodetic 
Survey  as  follows: 

“The  line  as  it  is,  does  not  represent  parallel  42°  30'  as  the 
Constitution  of  each  state  prescribes.  It  zigzags  to  and  fro,  having 
been  made  by  a  surveyor’s  compass  apparently  in  the  hands  of 
Lucius  Lvon,  TYiited  States  Commissioner.  The  line  should  gx> 
further  south  than  it  now  is — about  three-quarters  of  a  mile  in  the 
western  part  of  Wisconsin ;  and  further  north  in  and  east  of  Beloit/’ 
The  subject  is  also  discussed  in  an  article  by  Prof.  H.  G.  James, 
“Preamble  and  Boundary  Articles  of  the  Constitution  of  Illinois”,  found 
in  the  proceedings  of  Chicago  Historical  Society,'  Yol.  Y,  p.  1. 

Your  committee  is  in  receipt  of  a  letter  dated  November  19, 
1920,  from  R.  IT.  Batterman,  County  Surveyor  for  Rock  County,  Wis¬ 
consin,  which  shows  a  considerable  divergence  of  the  surveyed  line  from 
the  true  line  in  the  city  of  Beloit,  Wis.,  where  it  is  obvious  that  property 
rights  of  a  very  substantial  character  are  involved.  The  letter  is  in 
part  as  follows : 

“The  boundary  varies  from  true  latitude  42°  30'  and  I  refer 
you  to  Rockford  and  Belvidere  Quadrangle  U.  S.  Geological  Survey 
*  *  *.  The  city  of  Beloit,  (Wis.),  is  situated  on  the  north  side 
of  the  state  line  and  (if  the  true  line  were  observed)  would  probably 


472 


JOURNAL  OF  THE 


[Jan.  31, 


lose  three  blocks  of  residence  and  business  property,  while  South 
Beloit,  Ill.,  would  gain.” 

Your  committee  is  informed  that  a  similar  divergence  exists  along 
the  eastern  part  of  the  line  and  that  in  Lake  County  the  observed  line 
is  roughly  half  a  mile  too  far  south. 

The  inaccuracy  of  the  line  as  surveyed  seems  to  have  been  appreci¬ 
ated  quite  early  by  the  Government  of  the  United  States,  for  the  Senate 
by  resolution  (December  22,  1835),  requested  the  Secretary  of  the 
Treasury  to  lay  before  it  the  report  of  the  commissioner  who  surveyed 
the  line.  (Senate  Document  234,  24th  Congress,  First  Session)  Shortly 
thereafter  a  Federal  Act  was  passed  which  provided  .  that  the  northern 
boundary  line,  ascertained,  surveyed  and  marked  *  *  shall  be 

deemed  and  taken  as  the  line  .  in  north  latitude  fort} -two 

degrees  thirty  minutes  *  *  *  and  shall  be  and  forvere  remain  the 

northern  boundary  line  of  said  State”.  (U.  S.  Statutes  at  Large,  Vol. 


V,  p.  57,  approved  June  23,  183G). 

The  effect  of  this  action  on  the  part  of  Congress  is  doubtful.  It  may 
be  questioned  how  far  the  Federal  Government  could  alter  the  boundaries 
of  a  sovereign  state  after  its  admision,  especially  by  cutting  off  part  of 
its  territory.  Furthermore,  the  Enabling  Act  for  Wisconsin  (approved 
August  8,  1846)  fixed  the  southern  boundary  of  that  state  as  “42°  30' 
north  latitude”  without  reference  to  the  Act  of  June  23,  1836.  This 
raises  the  question  whether  the  Act  of  18o6  may  not  have  been  repealed 
by  implication.  The  state  of  Wisconsin  by  its  Constitution  adopted  in 
the  year  1848,  accepted  the  boundary  line  as  42°  30'  north  latitude. 

Your  committee  cannot  find  that  there  has  ever  been  any  official 
action  on  the  part  of  the  State  of  Illinois  approving  the  line  as  surveyed. 
Even  if  there  had  been  some  action  taken  by  the  General  Assembly  of 
Illinois  or  by  the  Executive  Department  of  the  State  in  an  attempt  to 
approve  the  inaccurate  survey,  it  may  be  questioned  whether  such  action 
would  be  constitutional.  In  other  words,  when  the  Constitution  of  the 
State  adopted  in  1818  fixed  the  boundary  at  42°  30'  north  latitude  it  is 
questionable  whether  the  General  Assembly  or  any  officer  of  the  State 
could  change  that  boundary.  There  remains,  however,  the  question  of 
what  effect  follows  from  nearly  a  century's  observance  of  the  inaccurate 
line.  If  ligitation  arose  over  the  point,  the  Supreme  Court  of  this  State 
or  of  the  United  States  might  hold  that  the  line  as  surveyed  had  become 
the  actual  boundary  line  because  of  long  observance.  (See  Missouri  v. 

Iowa,  7  Howard,  660).  .  . 

In  view  of  the  facts  above  discussed  the  logical  results  of  continuing 

a  boundaries  article  m  the  Constitution  should  be  considered.  In  the 
first  place  such  an  article  in  the  Constitution  of  1920  would  probably 
hamper  any  proposed  settlement  of  this  question  by  the  two  states.  Thus 
it  seems  clear  that  the  General  Assembly  of  this  State  would  be  prevented 
from  adjusting  the  boundary  question  with  Wisconsin  through  a  joint 
commission  or  otherwise.  Such  a  settlement  between  the  two  states 
could  only  be  authorized  so  far  as  Illinois  was  concerned  by  a  subsequent 
amendment  to  the  Constitution. 

Again,  it  is  clear  that  the  territorial  jurisdiction  of  the  State  is 
necessarily  limited  by  the  boundaries  recited  in  the  Constitution.  There 


1922.] 


CONSTITUTIONAL  CONVENTION 


473 


is  in  fact  at  this  time  a  considerable  amount  of  territory  now  occupied 
by  Illinois  which  lies  north. of  true  42°  30'  north  latitude.  If  m  such 
territory  there  should  arise  ligitation,  either  criminal  or  civil— let  us  say 
a  prosecution  for  murder  or  a  suit  to  collect  taxes — the  question  of  the 
-jurisdiction  of  the  Illinois  courts  would  immediately  arise.  Indeed,  the 
Constitution  itself  could  be  cited  as  authority  for  lack  of  jurisdiction  on 
the  part  of  the  courts  of  this  State.  The  same  is  true  of  the  teiritorv 
now  occupied  by  Wisconsin  which  lies  south  of  the  true  boundary.  Here 

again,  the  territory  is  of  considerable  extent.  . 

Finally,  if  the  Constitution  of  the  State  is  considered  as  a  limitation 
rather  than  a  grant  of  power  to  an  otherwise  sovereign  state  Govern¬ 
ment,  the  only  effect  of  a  boundaries  article  is  to  restrict  the  jurisdiction 
of  the  state.  "  For  it  is  obvious  that  the  territorial  jurisdiction  oi  the 
state  cannot  be  increased  by  recitals  in  its  Constitution. 

The  question  of  the  necessity  of  a  boundaries  article  may  be  con¬ 
sidered  further  in  the  light  of  the  experience  of  other  states.  An  ex¬ 
amination  of  the  various  state  constitutions  shows  that  twenty-four  out 
of  forty-eight  states  in  the  Union  have  no  such  provisions  in  their  con¬ 
stitutions.  The  custom  of  putting  such  an  article  into  the  constitution 
of  a  state  seems  to  have  been  due  to  the  fact  that  the  Enabling  Act  o 
CoAgress  usually  required  the  new  state  to  accept  in  its  constitution  the 
boundaries  laid  down  by  that  Act.  (See  Illinois  Central  R.  B •  Co.  v. 
Illinois ,  146  U.  S.  38-7,  p.  434).  After  a  state  has  formally  accepted 
its  boundaries  by  its  first  constitution  and  has  been  admitted  to  the 
Union  the  purposes  of  such  a  recital  seem  to  have  been  fully  peifoimet . 
The  United  States  through  the  Enabling  Act  and  the  particular  state 
through  its  first  constitution  thereby  enter  into  a  compact  regarding  tic- 
boundaries  of  the  state  and  that  compact  made  between  two  sovereign 
powers  cannot  thereafter  be  affected  by  further  recitals  m  subsequent 
state  constitutions.  Or  if  it  is  possible  for  such  recitals  to  affect  the 
boundaries  of  the  state  it  would  seem  that  the  only  result  would  be  an 
adverse  one.  Though  it  is  obvious  that  Illinois  could  not  gam  territory 
from  Wisconsin  by  misdescription  in  the  boundaries  article;  yet  Illinois 
by  this  means  might  possibly  relinquish  either  jurisdiction  or  territory 

Your  committee  therefore  recommends  that  this  article  be  omitted 
from  the  Constitution  of  1920  for  the  reasons  above  given  which  may 

be  summarized  as  follows:  . 

1  The  only  purpose  of  such  an  article  is  to  accept  the  boundaries 

of  the  State  as  defined  in  the  Enabling  Act  of  Congress;  and  this  result 
is  accomplished  when  the  first  Constitution  has  been  adopted. 

2.  The  retention  of  the  boundaries  article  in  the  Constitution  may 
prevent  a  possible  adjustment  in  the  future  of  the  northern  boundary 

3  rphe  recital  of  the  boundaries  in  the  Constitution  limits  the 
territorial  jurisdiction  of  the  courts  and  might  raise  serious  questions 
in  future  litigation. 

4.  The  limitation  necessarily  implied  by  a  boundaries  article  seeim 
unfortunate  since  its  only  result — if  it  has  any  result  is  to  affect  the 

State  adversely. 


s 


474 


JOURNAL  OF  THE 


[Jan.  31, 


5.  One-  half  of  the  states  of  the  U  nion  do  not  have  an  article  on 
boundaries  in  their  constitutions  and  it  is  obvious  that  the  article  is 
unnecessary. 

T  our  committee  has  redrafted  the  article  on  boundaries  in  a  form 
which  it  recommends  if  this  article  is  to  be  retained  in  the  Constitution. 

The  word  “jurisdiction’*  in  the  first  line  of  the  reference  draft 
deserves  special  attention.  It  did  not  appear  in  the  Enabling  Act  of 
Congress,  nor  in  the  Constitution  of  1818  but  appeared  first  in  the 
Constitution  of  1848.  It  was  copied  by  the  rejected  Constitution  of 
1862  and  by  the  Constitution  of  1810. 

The  word  “jurisdiction'’  as  here  used  is  unnecessary  for  three 
reasons.  In  the  first  place  it  is  obvious  that  the  territorial  jurisdiction 
of  the  State  will  be  at  least  as  large  as  its  boundaries,  and  there  is  no 
occasion  for  asserting  that  fact  in  the  Constitution.  Again,  many  of 
the  states  which  do  have  an  article  on  boundaries  in  their  constitution* 
omit  the  word  “jurisdiction”  from  the  article.  Two  notable  examples 
of  this  are  the  states  of  Wisconsin  and  California.  Finally,  it  should 
be  obeserved  that  it  is  not  correct  to  say  that  the  jurisdiction  of  the 
State  of  Illinois  is  coextensive  with  its  boundaries.  The  State,  as  a 
matter  of  fact,  has  jurisdiction  in  a  number  of  instances  beyond  its 
boundaries  as  will  be  shown  later.  For  these  reasons  the  word  “juris¬ 
diction"  should  be  omitted. 

Turning  now  to  the  proviso  which  appears  at  the  end  of  the.  article, 
it  is  obvious  that  the  proviso  is  an  exception  made  necessary  by  the  use 
of  the  word  “jurisdiction.”  There  is  an  essential  contradiction  in  the 
article  when  the  proviso  is  considered,  since  the  body  of  the  article  states 
that  the  “jurisdiction”  is  limited  by  the  boundaries  while  the  proviso 
at  the  end  of  the  article  lays  down  a  contrary  rule. 

There  are  at  least  four  instances  in  which  the  State  of  Illinois  has 
been  expressly  granted  jurisdiction  beyond  its  boundaries.  The  Supreme 
Court  of  the  United  States  in  Wedding  v.  Meyler,  192  U.  S.  573,  1904, 
held  that  the  State  of  Illinois  possessed  a  concurrent  jurisdiction  with 
Kentucky  over  the  portion  of  the  Ohio  Fiver  which  forms  the  boundary 
between  the  two  states.  This  is  due  to  an  early  Act  of  the  State  of 
Virginia  providing  for  the  formation  of  a  state  out  of  the  “District  of 
Kentucky”  and  giving  concurrent  jurisdiction  to  the  states  which  might 
“possess  the  opposite  shores”  of  the  Ohio  Fiver.  The  Supreme  Court 
of  this  State  has  discussed  this  concurrent  jurisdiction  in  the  case  of 
Union  Bridge  Company  v.  Industrial  Commission,  287  Ill.  396,  1919. 

The  Enabling  Act  of  Congress  for  the  State  of  Indiana  granted  to 
Indiana  and  Illinois  concurrent  jurisdiction  over  the  Wabash  Fiver  so 
far  as  that  river  forms  the  common  boundrav  between  the  two  states. 
(Act  of  Congress,  3  Stat.  at  Large,  p.  289,  1816)  This  jurisdiction  was 
reaffirmed  in  the  Enabling  Act  for  Illinois.  (Act  of  Congress,  3  Stat. 
at  Large,  p.  428,  1818). 

The  Enabling  Act  for  the  State  of  Missouri  gave  to  Illinois  and 
Missouri  concurrent  jurisdiction  over  the  Mississippi  Fiver  where  it 
forms  the  common  boundary  between  the  two  states.  (Act  of  Congress, 

•  Stat.  at  Large,  p.  545,  1820). 


) 


CONSTITUTIONAL  CONVENTION. 


475 


1922.] 


The  Enabling*  Act  for  the  State  of  Iowa  gave  a  similar  jurisdiction 
to  Iowa  and  Illinois  over  the  part  of  the  Mississippi  River  which  forms 
tiie  common  boundary  between  those  two  states.  (Act  of  Congress,  5 
Stat.  at  Large,  p.  742,  1845). 

The  reference  draft  in  the  proviso  contains  the  words  such  lurcher 
jurisdiction  as  this  State  and  any  bordering  state  may  agree  upon.'  A 
short  consideration  makes  it  apparent  that  these  words  were  used  ad¬ 
visedly.  Thus  it  might  become  desirable  for  the  State  of  Illinois  to 
make  an  agreement  with  the  k^tate  of  Michigan  oi  w  ith  the  State  of 
Indiana,  or  with  both  of  them,  concerning  the  middle  waters  of  Lake 
Michigan.  If  the  word  “jurisdiction”  is  retained  in  the  main  body  of 
the  article  it  is  necessary  to  retain  some  such  phrase  as  that  above  quoted. 
But  just  as  the  omission  of  the  word  “jurisdiction*’  in  the  main  body 
of  the  article  makes  it  unnecessary  to  provide  in  the  proviso  for  con¬ 
current  jurisdiction  with  other  states  vhich  has  alieady  been  established, 
so  also  it  becomes  unnecessary  to  provide  in  the  proviso  for  possible  con¬ 
current  jurisdiction  to  be  acquired  by  agreement  with  othei  states  in 
the  future.  Accordingly,  your  committee  has  omitted  the  proviso. 

The  incidental  changes  in  phraseology  made  by  your  committee  will 
now  be  considered.  The  word  Mo-wit  in  the  first  line  of  the  lefeienm 
draft  is  omitted  as  unnecessary.  The  word  ‘Then’’  in  the  second  line 
has  been  changed  to  “’thence”  since  the  idea  expressed  is  one  oi  distance 
and  not  of  time;  moreover,  the  word  “thence’’  has  been  used  elsewhere 
throughout  the  reference  draft.  The  words  "the  same”  ha\e  oeeii 
stricken  out  for  reasons  given  in  the  prior  reports  of  this  committee  and 

the  words  “that  river”  substituted. 

The  phrase  “*  *  *  and  with  the  line  of  Indiana  to  tne  -North¬ 

west  corner  of  said  State”  seem  to  your  committee  uncertain  in  their 
meaning.  The  “line”  referred  to  is  of  course  an  established  line  and 
language  should  be  used  to  indicate  how  the  line  has  been  established. 
It  was  fixed  by  a  survey  made  by  a  joint  commission  of  the  two  state-; 
and  the  survey  Avas  approved  by  an  Act  of  the  General  Assembly  m 
Illinois.  (February  17,  1823).*  Accordingly  your  committee  in  its 
draft  has  made  reference  to  this  Act  of  the  General  Assembly.  The  line 
as  surveyed,  hoAvever,  begins  on  the  north  bank  oi  the  A  abash  Fiver  and 
not  at  the  “middle”  of  the  river.  To  make  a  complete  description  of  the 
boundarv  at  this  point  it  is  necessary  to  project  the  surveyed  line  south 
to  the  middle  of  the  river  to  close  the  gap.  Your  committee  has,  accord¬ 
ingly,  described  the  Indiana-lllinois  boundary  in  a  manner  to  meet 
these  two  objections  and  has  used  such  words  as  make  the  desciiption 

of  that  boundary  complete  and  exact. 

The  phrase  “thence  east  Avith  the  line  of  \he  same  State  to  the 
middle  of  Lake  Michigan”  your  committee  believes  can  better  be  ex¬ 
pressed  by  “thence  east  along  the  northern  boundary  of  the  State  ol 

Indiana  to  the  middle  oi  Lake  Michigan. 

The  word  “north”  your  committee  has  changed  to  "northerly  since 

in  the  waters  of  Lake  Michigan  that  change  conforms  to  the  facts. 

The  reference  draft  provides  that  the  line  in  Lake  Michigan  shah 
extend  “*  *  *  north  to  the  line  of  north  latitude  42°  30'  as  the 

same  projected  east  was  or  may  heroalter  be  ascertained,  sui  \ ca ed ,  estab- 


476 


JOURNAL  OF  THE 


[Jan.  31, 


wording 


lished  and  marked.”  It  is  obvious  that  the  language  here  used  is  not 
consistent  since  the  purpose  is  to  describe  the  boundary  as  being  fixed 
either  by  the  line  previously  surveyed  or  a  line  which  mav  be  surveyed 
in  the  future.  If  the  line  should  be  surveyed  in  the  future  the  questions 
arise:  Which  line  would  be  the  true  boundary  line  under  the  language 
here  used?  Or  would  there  be  some  sort  of  option  to  be  exercised  as 
between  the  two  lines?  Again,  if  the  new  line  were  to  become  the 
boundary  line,  is  the  language  here  used  self -executing  ?  This 
seems  therefore  unfortunate. 

Your  committee  has  already  called  attention  to  the  fact  that  this 
line  as  surveyed  is  not  true  42°  30'  north  latitude.  It  follows  as  a  matter 
of  course  that  the  surveyed  line  projected  east  in  Lake  Michigan  will 
not  be  true  42°  30'  north  latitude  at  the  middle  of  the  lake.  It  is  not 
correct,  therefore,  to  say  that  the  line  in  Lake  Michigan  shall  extend 
“Xorth  *  *  *  to  the  line  of  north  latitude  42°  30'  as  the  same  pro¬ 

jected  east  was”  etc.  Accordingly,  your  committee  has  rephrased  this 
portion  of  the  article  to  describe  accurately  the  junction  in  Lake  Michi¬ 
gan  of  the  east  and  the  north  boundary  line.  The  reference  draft  has 
described  the  north  boundary  of  the  State  as  being  the  line  established 
and  surveyed  by  the  joint  commission  of  the  United  States  and  Illinois. 
Your  committee  assumes  that  by  so  doing  the  Convention  decided  to 
adopt  the  line  thus  fixed. 

The  word  “west”  is  changed  to  “westerly”  since  that  change  accords 
with  the  facts  when  the  surveyed  line  is  adopted.  The  word  “down” 
is  changed  to  “southerly”  in  describing  the  line  in  the  Mississippi  River 
since  that  change  more  directly  describes  the  direction  to  be  followed. 
In  describing  the  boundary  on  the  north  bank  of  the  Ohio  River  it  is 
unnecessary  to  use  the  word  “up”  since  the  words  “to  the  place  of  be¬ 
ginning'*  completely  express  the  meaning  intended. 

In  describing  the  boundary  line  where  it  has  been  fixed  bv  rivers 
your  committee  has  been  careful  to  observe  strictly  the  phraseology  of 
the  Enabling  Act.  It  has  been  your  committee’s  assumption  that  the 
Enabling  Act  operated  as  a  grant  from  the  Federal  Government  to  the 
State  of  Illinois  and  the  descriptive  words  of  the  grant  have  been  care¬ 
fully  observed.  It  should  be  noted,  however,  that  the  word  "middle 
where  it  appears  in  the  reference  draft  in  connection  with  the  W  abash 
River  did  not  appear  in  the  Constitution  of  1870  or  in  any  prior  Con¬ 
stitution,  or  in  the  Enabling  Act  itself.  This  word  was  inserted  by  the 
Committee  of  the  Whole.  After  careful  consideration  your  committee 
has  retained  the  word  “middle”  for  that  word  has  been  used  in  prior 
Constitutions  and  in  the  Enabling  Act  in  describing  the  waters  of  Lake 
Michigan  and  in  describing  the  line  in  the  Mississippi  River.  Further¬ 
more,  the  word  “middle"  has  been  defined  by  the  Supreme  (  ourt  of  the 
United  States  in  a  way  that  makes  its  use  here  proper.  The  court  in 
that  case  was  considering  the  precise  phrase  "middle  of  the  Mississippi 
Rivers”  as  used  in  the  Constitution  of  this  State.  ( Iowa  v.  Illinois.  14 < 
U.  S.,  p  1). 

In  conclusion  it  may  be  said  that  if  the  Convention  should  decide 
to  retain  the  article  on  boundaries,  the  draft  submitted  h}  }  our  com- 


1922.] 


CONSTITUTIONAL  CONVENTION. 


477 


mittee  is  intended  to  be  precisely  in  accordance  with  the  boundaries  of 
the  State  as  fixed  by  the  Enabling  Act  of  Congress  and  by  the  surveys 
authorized  by  the  General  Assembly  of  the  State. 


Report  No.  6. 

YOUR  COMMITTEE  OX  PHRASEOLOGY  AXD  STYLE.  TO 
WHICH  WAS  REFERRED  A  PROPOSAL  ENTITLED  COR¬ 
PORATIONS,  (INTRODUCTION  NO.  364,  REFERENCE  NO. 
8)  AS  AMENDED  IN  COMMITTEE  OF  THE  WHOLE  RE¬ 
SPECTFULLY  REPORTS  THAT  IT  HAS  CONSIDERED 
SUCH  PROPOSAL  AND  HEREWITH  SETS  FORTH  IN 
PARALLEL  COLUMNS  SAID  PROPOSAL  AS  ADOPTED  IN 
COMMITTEE  OF  THE  WHOLE  ON  THE  LEFT.  AND  A 
SUBSTITUTE  THEREFOR  AS  RECOMMENDED  BY  THIS 
COMMITTEE  ON  THE  RIGHT. 


Resolved,  That  the  folloiving 
tion  of  Illinois: 

Section  1.  No  corporation  shall 
be  created  by  special  laws,  or  its 
charter  extended,  changed,  or  amend¬ 
ed,  except  those  for  charitable,  edu¬ 
cational,  penal  or  reformatory  pur¬ 
poses,  which  are  to  be  and  remain 
under  the  patronage  and  control  of 
the  State,  but  the  General  Assembly 
shall  provide  by  general  law  for  the 
organization  of  all  corporations  here¬ 
after  to  be  created. 

Section  2.  The  General  Assembly 
shall  provide,  by  law,  that  in  all 
elections  for  directors  or  managers 
of  incorporated  companies  every 
stockholder  shall  have  the  right  to 
vote  in  person  or  by  proxy,  for  the 
number  of  shares  of  stock  owned  by 
him,  for  as  many  persons  as  there 
are  directors  or  managers  to  be 
elected,  or  to  cumulate  said  shares, 
and  give  one  candidate  as  many 
votes  as  the  number  of  directors 
multiplied  by  the  number  of  his 
shares  of  stock,  shall  equal,  or  to 
distribute  them  on  the  same  prin¬ 
ciple  among  as  many  candidates  as 
he  shall  think  fit;  and  such  direct¬ 
ors  or  managers  shall  not  be  elected 
in  any  other  manner.  But  provision 
may  be  made  by  law  for  the  issu¬ 
ance  of  classes  of  stock  with  restrict¬ 
ed,  or  without  any  voting  power,  and 
every  certificate  of  stock  shall  show 
on  its  face  its  voting  or  non-voting 
character. 


•hall  become  a  part  of  the  Constitu- 


Section  1.  No  special  law  may 
grant  or  change  any  corporate 
powers,  except  those  of  educational, 
charitable,  reformatory  or  penal  cor¬ 
porations  under  the  patronage  and 
control  of  the  State. 


Section  2.  In  every  election  for 
directors  each  stockholder  may  cast, 
in  person  or  by  proxy,  as  many  votes 
as  shall  equal  the  number  of  direc¬ 
tors  to  be  elected  multiplied  by  the 
number  of  shares  owned  by  him  (ex¬ 
cluding  shares  of  restricted  or  no 
voting  power,  the  certificates  for 
which  show  them  not  entitled  then 
to  be  voted)  and  may  cumulate  his 
votes  for  one  candidate  or  distribute 
them  among  several. 


JOURNAL  OF  THE 


[Jan.  31, 


478 


Section  3.  The  State  shall  never 
engage  in  the  business  of  banking, 
nor  own,  or  be  liable  for,  any  stock 
in  any  corporation,  joint  stock  com¬ 
pany  or  association  for  banking  pur¬ 
poses.  Banks  of  money  issue  shall 
not  be  authorized  or  created. 

Section  4.  Every  stockholder  in  a 
corporation  organized  for  banking 
purposes  shall  be  liable  to  its  credit¬ 
ors,  over  and  above  the  amount  of 
stock  held  by  such  stockholders,  to 
an  amount  equal  to  such  shares,  for 
all  its  liabilities  accruing  while  such 
shares  were  held  by  such  stockholder. 
The  General  Assembly  shall  provide 
by  law  the  manner  in  which  such 
liability  shall  be  enforced. 

Section  5.  The  rolling  stock  and 
other  movable  property  belonging  to 
any  railroad  company  or  corporation 
in  this  State,  shall  be  considered  per¬ 
sonal  property,  and  shall  be  liable 
to  execution  and  sale  in  the  same 
manner  as  personal  property  of  in¬ 
dividuals,  and  the  General  Assembly 
shall  pass  no  law  exempting  any  such 
property  from  execution  and  sale. 

Section  6.  The  General  Assembly 
shall  never  loan  the  credit  of  the 
State,  or  make  appropriations  from 
the  treasury  thereof,  in  aid  of  any 
railroad,  and  no  county,  city,  town, 
township  or  other  municipality,  shall 
ever  become  subscriber  to  the  capital 
stock  of  any  railroad  or  private  cor¬ 
poration,  or  make  donation  to,  or 
loan  its  credit  in  aid  of  such  corpor¬ 
ation. 

Section  7.  No  conrtact,  obligation 
or  liability  whatever,  of  the  Illinois 
Central  Railroad  Company,  to  pay 
any  money  into  the  State  treasury, 
nor  any  lien  of  the  State  upon,  or 
right  to  tax  property  of  said  com¬ 
pany,  in  accordance  with  the  provis¬ 
ions  of  the  charter  of  said  company, 
approved  Februarj*  tenth,  in  the  year 
of  our  Lord  one  thousand  eight  hun¬ 
dred  and  fifty-one,  shall  ever  be  re¬ 
leased,  suspended,  modified,  altered, 
remitted,  or  in  any  manner  dimin¬ 
ished  or  impaired  by  legislative  or 
other  authority;  and  all  moneys  de¬ 
rived  from  said  company  after  the 
payment  of  the  State  debt,  shall  be 


Section  3.  The  State  shall  not 
authorize  any  bank  of  issue,  nor  con¬ 
duct,  nor  own  any  interest  in,  nor 
incur  any  liability  for,  any  banking 
business. 


Section  4.  Every  stockholder  of  a 
bank  shall  be  liable  (in  addition  to 
any  liability  for  his  stock)  to  the 
amount  of  the  par  value  of  the  stock 
held  by  him  for  liabilities  of  the 
bank  accruing  while  he  held  such 
stock.  The  General  Assembly  shall 
provide  by  law  the  manner  in  which 
such  obligation  shall  be  enforced. 

Section  5.  Rolling  stock  and  other 
movable  property  of  common  car¬ 
riers  shall  be  subject  to  execution 
sale. 


l 


Section  6.  Public  funds  or  credit 
shall  never  be  used  to  aid  any  pri¬ 
vate  enterprise,  or  private  corpor¬ 
ation  including  railroads. 


Section  7.  No  right  of  the  State 
under  the  charter  of  the  Illinois 
Central  Railroad  Company  shall  ever 
be  surrendered,  and  all  money  re¬ 
ceived  from  it  shall  be  used  only 
for  State  purposes. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


479 


appropriated  and  set  apart  for  the 
payment  of  the  ordinary  expenses  of 
the  State  government,  and  for  no 
other  purpose  whatever. 

Section  8.  Railways  heretofore 
constructed  or  that  may  hereafter  be 
constructed  in  this  State,  are  hereby 
declared  public  highways,  and  shall 
be  free  to  all  persons,  for  the  trans¬ 
portation  of  their  persons  and  prop¬ 
erty  thereon,  under  such  regulations 
as  may  be  prescribed  by  law.  And 
the  General  Assembly  shall  from 
time  to  time  pass  law's  establishing 
reasonable  maximum  rates  of  charges 
for  the  transportation  of  passengers 
and  freight  on  the  different  railroads 
in  this  State. 

Section  9.  The  General  Assembly 
shall  pass  laws  to  correct  abuses  and 
prevent  unjust  discriminations  and 
extortion  in  the  rates  of  freight  and 
passenger  tariffs  on  the  different 
railroads  in  this  State,  and  enforce 
such  laws,  by  adequate  penalties,  to 
the  extent,  if  necessary,  for  that  pur¬ 
pose,  of  forfeiture  of  their  property 
and  franchises. 


Sections  8  and  9  combined.  Under 
reasonable  maximum  rates  and  regu¬ 
lations,  as  fixed  by  law,  everyone 
shall  have  the  equal  right  to  have 
his  person  and  property  carried  on 
railroads.  The  General  Assembly 
shall  prevent  extortion  and  unjust 
discrimination  in  freight  and  pas¬ 
senger  rates  and  shall  correct  abuses, 
by  imposing  penalties,  including,  if 
necessary,  forfeiture  of  property  and 
franchises. 


Respectfully  submitted, 

Elam  L.  Clarke.  Chairman. 
Thomas  Rinaker, 

Charles  B.  T.  Moore, 
Herbert  E.  Torrance, 
Edward  H.  Brewtster, 
Committee  on  Phraseology  and  Style. 


Memorandum  from  Committee  on  Phraseology  and  Style,  Accom¬ 
panying  Report  on  Proposal  No.  364,  Being  a 
Proposal  Entitled  “Corporations”. 


Section  1.  The  phrase  “bv  special  laws”  modifies  the  verb  “cre¬ 
ated'’  and  appears  to  modify  the  verb  “extended,  changed,  or  amended,” 
though  this  is  apparnent  only  from  the  context.  The  phrase  is  in  the 
wrong  place  in  the  sentence  to  modify  all  of  these  verbs. 

The  word  ‘Those"  in  the  second  line  appears  to  be  a  demonstrative 
pronoun  but  it  is  not  clear  to  what  it  refers.  Apparently  the  word 
“corporations’  is  to  be  supplied  but  this  is  an  unhappy  addition  because 
it  excepts  plural  “corporations"  from  the  singular  ‘‘no  corporation”. 

The  phrase  “charitable,  educational,  penal  or  reformatory  purposes’* 
is  vague.  This  phrase  is  in  the  Constitution  of  eleven  states  but  it 
has  had  slight  construction.  The  Supreme  Court  of  Idaho  had  said 
that  the  special  charter  of  a  school  district  might  be  amended  under  a 
similar  section.  (Howard  v.  Indian  School  District.  17  Idaho  a 37. ) 


480 


JOURNAL  OF  THE 


[Jan.  31. 


The  Supreme  Court  of  Colorado  has  held  that  the  Legislature  might 
pass  a  special  Act  incorporating  the  City  of  Denver  under  this  section. 

( Carpenter  v.  People ,  8  Colo.  116).  Inasmuch  as  the  Supreme  Court 
of  Illinois  has  said  that  this  section  has  no  application  to  municipal 
corporations,  these  decisions  are  apparently  not  in  point  in  this  State, 
(i Owners  of  Lands  v.  People ,  113  Ill.  296,  1885.)  In  view  of  the  fact, 
however,  that  this  phrase  is  in  the  Constitution  of  so  many  states  it  is 
likely  in  the  course  of  time  to  acquire  a  construction  and  your  com¬ 
mittee  does  not  recommend  its  omission. 

The  phrase  "under  the  patronage  and  control  of  the  State"  is 
equally  vague  but  it  has  been  adopted  by  other  States  and  in  view  of 
the  likelihood  of  its  being  judicially  construed,  your  committee  does 
not  recommend  its  omission. 

Your  committee  thinks  that  it  is  not  necessary  to  command  the 
General  Assembly  to  provide  for  incorporation  by  general  law  after  that 
body  has  been  forbidden  to  grant  corporate  powers  by  special  law. 

For  the  reasons  given  and  to  economize  words  your  committee  has 
redrafted  the  section  in  the  form  appearing  above. 

Section  2.  The  reference  draft  is  ambiguous  because  it  is  not  clear 
whether  or  not  it  is  self-executing.  The  section  confuses  mandates  to 
the  General  Assembly  with  self-executing  provisions.  The  first  sentence 
commences  "The  General  Asembly  shall  provide”  and  ends  “and  such 
directors  shall  not  be  elected  in  any  other  manner”.  The  second  sen¬ 
tence  begins  "provision  may  be  made”  and  likewise  ends  with  what  is 
apparently  a  self -executing  mandate.  The  Supreme  Court  has  held 
that  the  provision  as  it  exists  in  the  Constitution  of  1870  is  self-ex¬ 
ecuting.  (. Durkee  v.  People ,  155  Ill.  354,  1895.)  Your  committee 
believes  that  the  Convention  intended  the  section  to  be  effective  without 
legislation  and  accordingly  has  so  phrased  it. 

The  words  "and  managers”  after  the  word  "directors”  have  been 
omitted  as  unnecessary.  The  word  "directors”  is  a  term  well  known 
to  the  law  and  includes  the  members  of  the  managing  body  whether 
called  trustees,  managers  or  by  any  other  name. 

The  reference  draft  in  providing  that  "every  certificate  of  stock 
shall  show  on  its  face  its  voting  or  non-voting  character”  introduces 
a  new  and  technical  requirement  into  the  law  of  corporations.  It  does 
not  appear  what  the  effect  would  be  if  the  certificate  of  stock  failed  to 
contain  this  recital.  Thus  a  court  might  hold  that  such  a  certificate 
was  void  or  it  might  be  held  that  the  only  effect  was  that  the  stockholder 
was  entitled  to  vote.  If  the  certificate  be  held  void  it  does  not  appear 
what  the  remedies  of  the  stockholders  or  subscribers  would  be. 

In  addition,  this  clause  is  objectionable  because  it  contains  no  pro¬ 
vision  for  preferred  stock  in  the  usual  form  which  has  'soting  powei 
only  upon  a  failure  to  pay  dividends.  Your  committee  believes  that  the 
Convention  intended  to  premit  such  stock  to  be  voted  when  dividends 
due  on  it  are  not  paid  and  further  intended  to  authorize  the  holder 
of  such  stock,  when  voting,  to  cumulate  his  votes.  To  meet  ^  these  ob¬ 
jections  your  committee  has  condensed  this  phrase  to  read  excluding 
shares  of  restricted  or  no  voting  power  the  certificates  for  which  show 


1922.] 


CONSTITUTIONAL  CONVENTION. 


481 


them  not  entitled  then  to  be  voted”.  Under  this  phraseology  the  only 
stock  which  may  not  be  voted  at  a  particular  election  is  that  stock 
which,  under  the  terms  of  its  certificates,  is  not  entitled  to  be  voted 
at  that  election. 

The  clause^  or  to  cumulate  said  shares  and  give  one  candidate  as 
many  votes  as  the  number  of  directors  multiplied  by  the  number  of  his 
shares  of  stock  shall  equal,  or  to  distribute  them  on  the  same  principle 
among  as  many  candidates  as  he  shall  think  fit”  is  clumsy  and  verbose. 
Your  committee  thinks  this  clause  is  more  succinctly  rendered  by  the 
words  “may  cumulate  his  votes  for  one  candidate  or  distribute  them 
among  several”. 

Section  3.  This  section  of  the  reference  draft  is  a  revised  combi¬ 
nation  of  sections  5  and  7  of  Article  11  of  the  Constitution  of  1870. 
The  first  sentence  is  taken  from  section  5  and  the  last  is  suggested  by 
section  7.  Section  7  of  the  Constitution  of  1870  does  not  forbid  banks 
of  issue  but  forbids  the  suspension  of  specie  payments  bv  banks  of  issue. 
Since  1866  the  issuance  of  bank  notes  and  bills  of  credit  by  banks  other 
than  national  banks  has  been  effectively  prohibited  by  a  10  per  cent 
Federal  tax.  This  was  known  to  the  framers  of  the  Constitution  of 
1870  and  section  7  was  inserted  to  prevent  the  suspension  of  specie  pay¬ 
ment  if  the  Federal  statute  should  ever  become  inoperative.  (Debates 
1870,  pp.  1678-85.)  This  Convention  has  taken  the  further  step  of 
prohibiting  the  creation  of  banks  of  issue. 

Your  committee  has  shortened  the  phrase  “corporation,  joint  stock 
company,  or  association  for  banking  purposes”  to  read  “banking  busi¬ 
ness.”  The  latter  phrase  includes  a  bank  operated  by  an  individual  as 
well  as  one  operated  by  a  corporation,  joint  stock  company  or  associa¬ 
tion.  Your  committee  assumes  that  it  was  intended  to  include  within 
the  purview  of  the  section  all  classes  of  banks. 

“Bank  of  issue”  is  used  as  equivalent  to  “banks  of  money  issue”. 

The  phrase  “authorized  or  created”  appears  tautologous  and  the 
latter  verb  has  been  stricken. 

in  the  interest  of  brevitv  your  committee  has  rearranged  the 
section. 

Section  4.  This  section  is  similar  to  section  6  of  article  11  of  the 
present  Constitution.  The  Supreme  Court  has  held  that  the  individual 
liability  provided  for  in  this  section  can  not  be  enforced  for  the  benefit 
of  all  the  creditors  by  a  receiver  appointed  by  a  court.  (Golden  v.  Cer- 
vanJm;  278  111.  409,  1917).  The  Convention  has  inserted  the  last  sen¬ 
tence  of  the  reference  draft  with  the  intention  to  repeal  the  rule  thus 
laid  down.  Your  committee  understands  that  in  making  this  addition 
thg  Convention  did  not  intend  to  deprive  the  first  portion  of  the  section 
of  its  self-executing  effect,  i.  e.  the  Convention  intended  that  until  the 
General  Assembly  acts  each  creditor  may  proceed  against  any  stock¬ 
holder  as  under  the  Constitution  of  1870. 

The  word  “bank”  has  been  used  by  your  committee  as  the  equiva¬ 
lent  of  the  phrase  “corporation  organized  for  banking  purposes". 

The  words  “over  and  above  the  amount  of  stock  held  by  such  stock¬ 
holder”  allude  to  the  liability  to  the  creditors  of  a  corporation  of  those 

—31  C  J 


482 


JOURNAL  OR  THE 


[Jan.  31, 


stockholders  who  have  not  paid  in  the  full  par  value  of  their  stock. 
These  words  at  one  time  led  the  Supreme  Court  into  stating  that  each 
stockholder  was  liable  to  each  creditor  for  twice  the  par  value  of  his 
stock  ( Du  gee  v.  Swigert,  127  111.  494,  1889),  but  the  court  later  said 
that  this  expression  was  inadvertent.  ( Golden  v.  Cervanka,  278  111. 
409,  1917).  Your  committee  has  used  the  phrase  “in  addition  to  any 
liability  for  his  stock5'  as  expressing  more  aptly  the  idea  intended  to  be 
conveyed  by  these  words. 

Your  committee  has  rephrased  the  section  to  avoid  verbosity  and 
state  the  intention  more  directly. 

Section  5.  Prior  to  1870  the  Supreme  Court  of  Illinois  had  held 
that  the  rolling  stock  of  railroads  constituted  real  property  at  least  for 
the  purposes  of  railroad  mortgages.  ( Palmer  v.  Forbes,  23  Ill.  301, 
1800;  Hunt  v.  Bullock >  23  Ill.  320,  I860;  Titus  v.  Mabee ,  25  Ill.  257, 
1861).  This  section  was  inserted  as  section  10  of  Article  11  in  1870 
to  change  this  rule.  It  is  obvious  that  the  section,  if  it  achieved  its 
object,  would  work  a  great  hardship  upon  the  mortgagee  since  it  would 
require  his  mortgage  to  be  executed  in  the  form  of  a  chattel  mortgage 
and  re-executed  every  two  years  in  accordance  with  the  Illinois  statute. 
The  mortgagee  would  be  constantly  compelled  to  reclaim  his  property 
after  levy  and  execution  sale.  It  appears  that  there  are  no  decisions 
of  the  Supreme  Court  of  Illinois  construing  this  section.  The  Supreme 
Court  of  the  United  States  has  construed  it,  however,  not  to  require  the 
execution  of  a  railroad  mortgage  in  the  form  of  a  chattel  mortgage.  The 
Supreme  Court  thus  in  effect  overrules  the  section.  ( Hammock  v.  Loan 
and  Trust  Company ,  105  U.  S.  77.) 

Obiviously  it  is  useless  to  define  rolling  stock  as  personal  property 
unless  the  definition  is  made  effective.  Your  committee  has,  therefore, 
omitted  this  portion  of  the  section. 

Your  committee  has  changed  the  words  “execution  and  sale"  to 
“execution  sale."  The  latter  phrase  more  exactly  expresses  the  meaning 
intended. 

After  it  has  been  stated  that  rolling  stock  is  subject  to  execution 
sale,  it  is  needless  to  state  that  the  General  Assembly  shall  not  exempt 
it  from  such  sale  and  this  portion  of  the  clause  has,  therefore,  been 
omitted. 

Section  6.  This  section  is  similar  to  the  second  separate  section 
of  the  Constitution  of  1870.  That  section  prohibits  public  aid  to  rail¬ 
roads  or  private  corporations. 

Section  9  of  Article  9  of  the  Constitution  of  1870  has  a  similar 
effect  because  it  prohibits  the  imposition  of  taxes  by  municipalities  ex¬ 
cept  for  corporate  purposes  and  a  gift  to  a  private  corporation  is  smn- 
erally  not  for  a  corporate  purpose.  ( Mather  v.  City  of  Ottawa ,  114  ill. 
659,  1885) .  It  will  be  noted  that  section  20  of  Article  4  of  the  present 
Constitution  has  a  similar  object. 

The  term  “railroads  and  private  corporations"  has  been  changed 
to  read  “any  private  enterprise  or  private  corporation  including  rail¬ 
roads75  because  your  committee  thought  that  it  was  not  the  intention  of 
the  Convention  to  impliedly  authorize  public  aid  to  private  enterprises 


1922.] 


CONSTITUTIONAL  CONVENTION. 


•183 


which  were  conducted  in  some  other  than  corporate  form.  The  1  e-ar¬ 
rangement  of  these  words  is  to  avoid  the  application  of  the  rule  of 
eiusdem  generis. 

The  section  seems  to  your  committee  illogical  and  discursive  and  it 
has  therefore  been  shortened  to  read  as  above  set  forth. 

Section  7.  This  section  is  an  example  of  weakening  the  force  of 
a  prohibition  by  multiplying  words.  (See  llbert,  “Mechanics  of  Law 

Making;’  p.  117).  .... 

The  effect  of  the  words  “no  contract,  obligation  or  liability  what¬ 
ever,  of  the  Illinois  Central  Railroad  Company  to  pay  any  money  into 
the  State  Treasury,  nor  any  lien  of  the  State  upon  or  right  to  tax  prop¬ 
erty  of  said  company  in  acordance  with  the  provisions  of  the  charter 
of  said  company,  approved  February  tenth,  in  the  year  of  our  Lord  One 
Thousand  Eight  Hundred  and  Fifty-one”  may  be  rendered  by  the  words 
“no  right  of  the  State  under  the  charter  of  the  Illinois  Central  Railroad 

Company.” 

Similarly  the  verbs  “shall  evere  be  released,  suspended,  modified, 
altered  or  in  any  manner  diminished  or  impaired”  are  tautologous  and 
may  be  shortened  to  read  “shall  never  be  surrendered”. 

The  reference  draft  provides  that  funds  received  from  the  Illinois 
Central  Railroad  Company  shall  be  used  (1)  in  payments  of  the  State 
debt;  (2)  in  payment  of  the  ordinary  and  contingent  expenses  of  the 
State  Government.  Your  committee  believes  that  it  was  the  intention 
of  the  Convention  merely  to  provide  that  the  funds  should  be  expended 
for  State  purposes  rather  than  local  purposes  and  that  it  was  not  the 
intention  of  the  Convention  to  name  any  particular  State  purpose  to 
which  the  funds  should  be  applied.  Your  committee  has,  therefore, 
condensed  this  provision  to  the  single  phrase  “for  State  purposes”. 

Sections  8  and  9  Combined.  Section  8  is  the  same  as  section 
12  of  Article  11  of  the  Constitution  of  1870.  The  Supreme  Court  has 
said  that  railroads  are  public  highways  merely  to  the  extent  that  all 
persons  have  an  equal  right  upon  them  for  travel  and  for  the  carriage  of 
their  goods  and  that  the  railroads  are  subject  to  control  by  govern¬ 
mental  agencies  so  far  as  their  relations  with  the  public  are  concerned. 
(T.  P.  &  IF.  Ry.  Co.  v.  Pence ,  68  Ill.  524,  18-73 ;  Lord  v.  City  of  Chicago , 
274  Ill.  313,  1916).  Your  committee  has  therefore  omitted  the  ambigu¬ 
ous  term  “public  highways”  and  has  combined  the  two  clauses  of  the 
first  sentence  of  section  8  to  read  “everyone  shall  have  the  equal  right  to 
have  his  person  and  property  carried  on  railroads.”  The  second  sentence 
has  been  rephrased  to  read  “under  reasonable  maximum  rates  and  regu¬ 
lations  as  fixed  by  law.” 

Section  9  is  the  same  as  section  15  of  Article  11  of  the  Constitution 
of  1870.  The  words  “the  General  Assembly  shall  pass  laws  to  correct 
abuses  and  prevent  unjust  discrimination  and  extortion”  have  been  re¬ 
vised  to  read  the  “General  Asembly  shall  prevent  extortion  and  unjust 
discrimination”.  The  section  has  been  further  revised  to  make  its  form 
briefer  and  more  logical. 

In  making  the  changes  in  the  section  your  committee  has  had  no 
intention  to  change  its  meaning. 


484 


JOURNAL  OF  THE 


£  Jill.  31, 


The  foregoing  reports  numbered  4,  5  and  6  were  ordered  printed 
and  the  proposals,  contained  therein,  placed  on  the  order  of  second 
reading. 

Special  Order. 

The  Convention  proceeding  on  the  special  order  of  the  day,  sections 
6  and  7  of  Proposal  No.  366,  as  amended  by  the  supplemental  report 
of  the  Committee  on  Phraseology  and  Style,  submitted  to  the  Convention 
on  January  3d,  were  taken  up  on  the  order  of  second  reading  and  read 
at  large. 

Whereupon  Mr.  Barr  moved  that  section  7  be  adopted. 

Pending  consideration,  at  the  hour  of  11 :58  o’clock  a.  m.,  Mr.  Barr 
moved  that  the  Convention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2:00  o’Clock  P.  M. 

The  hour  of  2  :00  o’clock  p.  m.,  having  arrived  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  pending  question,  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  section  7,  the  same  was  again  taken  up. 

Pending  further  consideration  at  the  hour  of  5  :15  o’clock  p.  m.,  Mr. 
Barred  moved  that  the  Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


485 


WEDNESDAY,  FEBRUARY  1,  1922,  10  :00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Charles  A.  Briggs,  of  the  First 
Methodist  Church,  of  Freeport. 

The  Journal  of  Tuesday,  January  3d,  having  been  printed,  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  pending  question,  at  the  hour  of  adjournment  on  yesterday, 
being  the  consideration  of  section  7,  the  same  was  again  taken  up. 

Pending  discussion  at  the  hour  of  12:45  o'clock  p.  m.,  Mr.  Barr 
moved  that  the  Convention  do  now  take  a  recess  until  2  :00  o'clock  p.  m. 

And  the  motion  prevailed. 

2  :00  o'Clock  P.  M. 

llie  hour  of  2  :00  o'clock  p.  m.,  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

1  he  pending  question,  at  the  hour  of  taking  a  recess,  being  the  con¬ 
sideration  of  section  7,  of  Proposal  Xo.  366,  the  same  was  again  taken  up. 

Pending  discussion,  Mr.  Barr  moved  that  debate  be  now  closed  and 
that  the  Convention  proceed  to  vote. 

And  the  motion  prevailed. 

Pending  a  call  of  the  roll,  Mr.  Quinn  offered  the  following  amend¬ 
ment  and  moved  its  adoption : 

Amend  Section  7  of  Article  4  by  striking  out  the  last  paragraph  of 
such  section  and  inserting  the  following: 

The  General  Assembly  shall  provide  by  appropriate  legislation,  as  to 
counties  entitled  only  to  two  members,  in  the  House  of  Representatives, 
that  both  of  such  members  may  not  be  elected  from  the  same  political  party, 
or  group  of  petitioners  or  nominators,  and  as  to  counties  entitled  to  only 
three  or  four  members,  in  the  House  of  Representatives,  that  no  more  than 
two  of  such  members  may  be  elected  from  the  same  political  party  or  group 
of  petitioners  or  nominators,  and  that  in  counties  entitled  only  to  five  mem¬ 
bers,  in  the  House  of  Representatives,  no  more  than  three  of  such  members 
may  be  elected  from  the  same  political  party  or  group  of  petitioners  or 
nominators,  and  in  counties  entitled  to  more  than  five  members,  in  the 
House  of  Representatives,  such  counties  shall  be  divided  into  that  number 
of  legislative  districts  as  may  equal  in  number  one-third  of  all  the  members, 
such* county  may  be  entitled  to  have  in  the  House  of  Representatives,  and 
by  appropriate  legislation  it  shall  be  provided  that  no  more  than  two  mem¬ 
bers  from  any  such  district  may  be  elected  from  the  same  political  party 
or  group  of  petitioners  or  nominators. 

If  in  forming  such  legislative  districts,  to  provide  for  three  members 
from  each  thereof,  such  county  would  be  entitled  to  one  or  two  additional 
members  of  the  General  Assembly,  by  reason  of  its  population,  then  and  in 
such  event  a  district  shall  be  formed  from  which  less  than  three  members 
may  be  elected,  no  more  than  one  of  whom  may  be  elected  from  the  same 
political  party  or  group  of.  petitioners  or  nominators. 


486 


JOURNAL  OF  THE 


[Feb.  1, 


The  Legislature  shall  also  provide  that  no  political  party  or  group  of 
petitioners  or  nominators  in  any  county  or  district  shall  be  allowed  to  make 
any  such  nominations  unless  it  shall  nominate  as  many  candidates  as  the 
district  for  which  such  nominations  are  made  is  entitled  to  elect  to  the 


House  of  Representatives. 

All  legislative  districts  shall  be  formed  of  compact  and  contiguous  terri¬ 
tory  bounded  by  precinct  lines  and  containing  as  nearly  as  practicable  an 
equal  number  of  inhabitants. 

Mr.  Dunlap  raised  the  point  of  order  that  the  amendment  was  not 
in  order  for  the  reason  that  a  motion  had  been  put  and  carried  that 
debate  be  now  closed  and  that  the  Convention  proceed  to  vote/’ 

And  the  point  of  order  was  sustained  by  the  Chair. 

The  question  then  being,  on  the  adoption  of  section  7,  of  Proposal 
Xo.  366,  a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  50; 


nays,  31. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Siting 

Ireland 

Mighell 

Brandon 

Fifer 

Jack 

Mills 

Brewster 

Garrett 

J  arman 

Moore 

Cary,  C.  D. 

Gee 

Johnson,  L.  C. 

Nichols 

Catron 

Gilbert 

Johnson,  W.  A. 

Paddock 

Clarke 

Goodyear 

Kerrick 

Parker 

Coolley 

Gray 

Lindly 

Pearce 

Corlett 

Green 

Mack 

Pinnell 

Dryer 

Hogan 

McGuire 

Rinaker 

Dunlap 

Hollenbeck 

Meinert 

Shaw 

Shuey 

Six 

Smith 

Sneed 

Stahl 

Taff 

Tanner 

Todd 

Wall 

W  arren 

Yeas — 50. 


Tebbens 

Torrance 

Traeger 

Trautmann 

Wolff 

Mr.  President 

Nays — 31. 


Adamkiewicz  Davis  Hamill  Pincus 

Barr  Dawes  Hull  Quinn 

Beckman  De  Young  Latchford  Rosenberg 

Brenholt  Dupuy,  G.  A.  Lill  Scanlan 

Carlstrom  Fyke  Miller  Shanahan 

Cruden  Gale  Morris  Sutherland 

Cutting 

Pending  the  announcement  of  the  vote,  Mr.  Barr,  changed  his  vote 
from  aye  to  no,  and  afterwards  gave  notice  that  on  the  next  Convention 
day  he  would  move  to  reconsider  the  vote  by  which  section  7,  of  Pro¬ 
posal  Xo.  366,  was  lost. 

The  President  then  announced  that  section  7  having  failed  to  re¬ 
ceive  the  votes  of  a  majority  of  the  Delegates  elected,  was  declared  lost. 

Upon  request  of  their  colleagues,  Delegates,  Whitman,  Ivunde,  Dietz, 
O’Brien,  Revell  and  Iarussi  were  excused  from  attendance  at  todays 
session  of  the  Convention. 


At  the  hour  of  5  :30  o’clock  p.  m.,  Mr.  Dunlap  moved  that  the  Con¬ 
vention  do  now  adjourn  until  10:00  o’clock  a.  m.,  tomorrow. 

Mr.  Treager  moved  to  amend  the  motion  to  adjourn  to  read  9  :00 


o’clock  a.  m. 

And  the  question  being  on  the  adoption  of  the  amendment,  it  was 
decided  in  the  negative. 

The  question  recurring  on  the  motion  of  Mr.  Dunlap. 

It  was  decided  in  the  affirmative. 


And  the  Convention  stood  adjourned. 


3-922.] 


C  0  X  STI T UT1 0  X  A  L  C’O  X TEXT  1 0  XX 


48  7 


THURSDAY,  FEBRUARY  2,  1922,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Charles  A.  Briggs,  of  the  First 
Methodist  Church,  of  Freeport. 

The  Journal  of  Tuesday,  January  31st,  having  been  printed,  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 

Committee  Report. 

A  our  Committee  on  Rules  and  Procedure  recommend  that  section  six, 
of  Report  No.  12,  from  the  Committee  on  Phraseology  and  Style,  now  pend¬ 
ing  on  second  reading,  be  made  a  special  order  for  Thursday,  February 
second,  1922,  and  each  succeeding  convention  day  thereafter  until  disposition 
thereof  on  second  reading. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the'  affirmative. 

Special  Order. 

The  Convention  proceeding  on  the  special  order  of  the  day,  section 
6,  of  Proposal  No.  366,  as  amended  by  the  supplemental  report,  of  the 
Committee  on  Phraseology  and  Style,  submitted  to  the  Convention  on 
January  3d,  was  taken  up  on  the  order  of  second  reading  and  read  at 
large. 

Pending  discussion,  at  the  hour  of  11:15  o’clock  a.  m.,  Mr.  Dunlap 
moved  that  the  Convention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2  :00  o’Clock  P.  M.  i 

The  hour  of  2  :00  o’clock  p.  m.,  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

Mr.  Barr,  in  accordance  with  his  notice  of  yesterday,  moved  to  re¬ 
consider  the  vote  by  which  section  7,  of  Proposal  No.  366,  was  lost  and 
that  consideration  of  said  motion  to  reconsider  be  postponed  and  made 
a  special  order  for  Tuesday,  February  7,  1922,  at  2:00  o’clock  p.  m. 

And  the  motion  prevailed. 

At  the  hour  of  4:00  o’clock  p.  m.,  Mr.  Barr  moved  that  the  Con¬ 
vention  do  now  adjourn  until  Tuesday,  February  7,  1922,  at  10:00 
o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


488 


JOURNAL  OF  THE 


[Feb.  7, 


TUESDAY,  FEBRUARY  7,  1922,  10:00  O’CLOCK  A.  M. 


Tlie  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Jerry  Wallace,  Rector  of  the  Christ 
Episcopal  Church,  of  Springfield. 

The  Journal  of  Wednesday,  February  1st,  having  been  printed,  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  pending  question  at  the  hour  of  adjournment  on  February  2d, 
being  the  consideration  of  section  6,  of  Proposal  No.  366,  the  same  was 
again  taken  up. 

Pending  discussion,  Mr.  Cutting,  rose  to  a  question  of  personal 
privilege  and  offered  the  following  protest,  which  was  received  and 
ordered  incorporated  in  the  Journal  of  the  Convention,  to-wit: 

On  February  3d  there  appeared  in  the  daily  newspapers  a  statement 
purporting  to  have  been  prepared  by  Mr.  F.  Scott  McBride,  Superintendent 
of  the  Anti-Saloon  League  of  Illinois,  and  reading  in  part  as  follows: 

“The  Anti-Saloon  League  is  just  beginning  to  fight  in  the  Constitutional 
Convention.” 

“The  wets  and  other  doubtful  interests  now  have  forced  us  to  go  into 
the  open  in  this  fight  in  behalf  of  good  government.  A  big  majority  of  the 
members  of  the  Constitutional  Convention — many  of  them  from  Cook  County 
— have  been  elected  with  the  aid  and  support  of  the  Anti-Saloon  League,  but 
these  special  interests  have  whipped  all  of  the  Cook  County  men  into  line 
in  opposition  to  the  county  representation  plan.” 

“If  the  limitation  in  both  Houses  is  defeated,  it  will  mean  that  the 
wets  and  other  doubtful  interests  of  the  State  of  Illinois  have  written  for  the 
people  the  draft  of  the  new  Constitution.” 

“Better  a  thousand  times  have  no  new  Constitution  than  one  that  will 
put  the  State  of  Illinois  on  its  knees  before  the  corrupt  interests.  The 
methods  used  by  these  same  forces  to  defeat  county  representation  are  an 
example  of  what  would  happen  to  the  State  if  a  majority  were  given  in 
either  House.” 

With  sincere  regret  that  Mr.  McBride  should  assume  to  issue  so  in¬ 
temperate  and  unwarranted  a  statement  on  behalf  of  a  League  with  whose 
true  purpose  and  proper  function  we  are  in  hearty  sympathy,  the  under¬ 
signed  members  of  the  Constitutional  Convention  from  Cook  County,  elected 
with  the  approval  of  the  Anti-Saloon  League  (although,  of  course,  unpledged 
as  to  any  specific  action)  are  constrained,  in  justice  to  our  colleagues  in  the 
Convention  and  to  the  State  itself,  to  ask  as  a  matter  of  personal  privilege, 
that  this  statement  and  protest  be  spread  upon  the  records  of  tins  Convention. 

As  representing  our  constituencies  (both  local  and  State-wide)  we  have 
insisted — differing  from  many  in  our  own  county,  who  have  thought  that 
if  possible  there  should  be  no  limitation  upon  our  representation — that  the 
House  of  Representatives  should  be  a  popular  house,  and  have  been  unwilling 
to  sacrifice  the  principle  of  the  rule  of  the  majority  to  any  special  interest 
whatever.  This  matter  has  to  do  entirely  with  the  organization  of  the 
General  Assembly,  which  controls  all  matters  of  legislation  and  not  alone 
those  relating  to  the  liquor  traffic. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


489 


What  does  Mr.  McBride  mean  by  the  phrase,  “just  beginning  to  fight 
in  the  Constitutional  Convention”,  and  by  “going  into  the  open  in  this  fight”? 

Does  he  mean  that  he  is  going  to  use  the  funds  contributed  to  the  Anti- 
Saloon  League  for  the  purpose  of  securing  enforcement  of  the  prohibition 
laws,  in  a  campaign  to  defeat  the  new  Constitution  at  the  polls,  if  it  does 
not  contain  county  representation  and  does  not  limit  Cook  County  in  both 
branches  of  the  General  Assembly? 

Does  he  mean  that  he  is  going  to  use  these  funds,  thus  contributed,  in 
an  effort  to  defeat  for  office  men,  known  to  be  “drys”  and  staunch  champions 
of  moral  legislation,  who  may  happen  to  be  candidates  for  public  office, 
merely  because  they  have  disagreed  with  his  personal  views  on  this  question 
of  limiting  representation? 

When  he  says,  “better  a  thousand  times  have  no  new  Constitution,  etc.,” 
does  he  signify,  not  only  that  Anti-Saloon  funds  will  be  diverted  from  the 
vital  and  desirable  purpose  of  law  enforcement  for  which  they  were  given, 
but  also  that  he  will  favor  and  urge  a  continued  violation  of  the  present 
Constitution  (which  will  remain  in  force,  if  the  new  document  is  defeated) 
in  the  matter  of  legislative  apportionment?  We  protest  that  our  demands 
for  enforcement  of  the  Federal  Constitution  would  be  weakened,  should  our 
natural  allies  thus  demand  simultaneously  a  violation  of  the  State  Con¬ 
stitution. 

Does  Mr.  McBride  seriously  suggest  that  we,  or  any  other  members  of 
this  Convention,  who  had  Anti-Saloon  League  endorsement  have  been  sub¬ 
ject  to  “w'et”  influences  in  this  matter? 

What  are  the  “other  doubtful  interests”  to  which  he  refers  in  the  same 
connection? 

Do  they  include,  the  Chicago  Bar  Association,  the  City  Club,  the  Citizens’ 
Association,  the  Chicago  Woman’s  Club,  the  Woman’s  City  Club,  the  Chicago 
Rotary  Club,  the  Chicago  Association  of  Commerce  and  the  many  other 
civic  organizations,  which  have  disagreed  with  Mr.  McBride?  Do  they 
include,  the  Rev.  Herbert  L.  Willett,  formerly  President  of  the  Chicago 
Church  Federation,  now  Vice-Chairman  of  the  Citizens’  Committee  for  Pro¬ 
portional  Representation;  numerous  other  ministers  of  the  gospel,  and  the 
Presbytery  of  Chicago — all  of  these  having  publicly  taken  an  issue  with  Mr. 
McBride’s  theories  of  representation? 

Mr.  McBride’s  grievance  seems  to  be  particularly  directed  to  the  Cook 
County  delegates  who  received  the  aid  and  support  of  the  Anti-Saloon 
League,  and  yet.  a  large  number  of  the  delegates  representing  down-State 
constituencies  were  opposed  to  the  plan  which  he  favors  and  were  without 
the  embarrassment  which  any  delegate  from  Cook  County  would  have  in 
voting  away  political  rights  heretofore  always  legally  in  the  possession  of 
his  own  constituents. 

The  plain  implication  of  this  statement  is  that  the  “big  majority  of 
the  members  of  the  Convention”  who  received  the  support  of  the  League  or 
its  members  at  the  election,  owe  a  debt  which  can  be  satisfied  only  by  a 
surrender  of  their  judgments  with  respect  to  the  most  important  measure 
before  the  Convention,  to-wit:  the  one  involving  the  fundamental  question 
of  political  equality. 

We  respectfully  submit  that  the  “big  majority  of  the  members  of  the 
Convention”  whether  from  Cook  County  or  from  down-State  and  whether 
supported  by  Mr.  McBride  or  not,  are  under  no  obligation  to  surrender  their 
judgments  in  advance  to  any  person  or  organization,  and  that  the  assump¬ 
tion  that  they  are  under  such  an  obligation  is  an  assertion  of  the  right 
to  boss  the  Convention,  and  ought  to  be  recognized  as  such.  And  if  bossism 
is  a  vice  of  our  political  life,  it  has  no  exception  which  would  permit  the 
Anti-Saloon  League  to  practice  it,  especially  in  a  field  so  far  removed  from 
its  proper  sphere  as  this  is  recognized  to  be,  both  by  lay  and  clerical  sup¬ 
porters  of  the  Anti-Saloon  League’s  cause. 

We  therefore,  most  earnestly  protest,  in  justice  to  our  colleagues  in 
the  Convention  and  their  disinterested  efforts  for  the  public  good,  against 
this  threat  of  domination  by  an  outside  influence. 


400 


JOURNAL  OF  THE 


[Feb.  7, 


We  specifically  deny  each  and  all  of  Mr.  McBride’s  implied  charges  and 
insinuations,  knowing  them  to  be  untrue  as  to  ourselves  and  believing  them 
to  be  just  as  untrue  of  every  other  member  of  this  Convention. 
Respectfully  submitted, 


(Signed)  Wm.  H.  Beckman, 
Rufus  C.  Dawes, 
Charles  S.  Cutting, 
Morton  D.  Hull, 
George  A.  Dijpuy, 
Douglas  Sutherland. 


At  the  hour  of  12:35  o’clock  p.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 


2  :00  oTlock  p.  m. 


The  hour  of  2 :00  o’clock  p.  m.  having  arrived  the  Convention 
resumed  its  session. 

The  President  presiding. 


Special  Order. 


The  Convention  proceeding  on  the  special  order  of  the  day,  being 
the  motion  to  reconsider  the  vote  by  which  section  7  of  Proposal  Xo. 
366  was  lost,  the  same  was  taken  up. 

Whereupon  Mr.  Barr  moved  that  further  consideration  of  said 
motion  be  postponed  and  made  a  special  order  for  5  :00  o’clock  p.  m., 
of  this  day. 

And  the  motion  prevailed. 

At  the  hour  of  2:10  o’clock  p.  m.,  Mr.  Barr  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  4:00  o’clock  p.  m. 

And  the  motion  prevailed. 

4:00  o’Clock  p.  m. 

The  hour  of  4 :00  o’clock  p.  m.  having  arrived  the  Convention 
resumed  its  session. 

The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess  being  the 
consideration  of  section  6,  of  Proposal  Xo.  366,  the  same  was  again 
taken  up. 

Whereupon  Mr.  Barr  offered  the  following  substitute  for  section  6, 
and  moved  its  adoption : 

Section  6.  The  General  Assembly  shall  apportion  the  State  at  any 
session  which  may  be  then  pending  or,  if  none,  then  at  its  first  session 
following  the  adoption  of  this  Constitution  and  in  the  year  1933  and  every 
twelve  (12)  years  thereafter,  into  fifty-seven  (57)  senatorial  districts,  each 
of  which  shall  elect  one  Senator  whose  term  of  office  shall  be  four  (4)  years 
and  the  basis  of  senatorial  apportionment  shall  be  the  number  of  voters  wffio 
voted  for  Governor  at  the  last  regular  election  at  which  a  Governor  was 
elected  previous  to  the  apportionment. 

The  territory  now  constituting  the  County  of  Cook  shall  be  divided  by 
the  General  Assembly  into  nineteen  (19)  senatorial  districts  and  the  number 
of  such  voters  in  that  territory  shall  be  divided  by  the  number  nineteen  (19) 
and  the  quotient  shall  be  the  ratio  of  representation  in  the  Senate  for  that 
territory. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


491 


The  territory  now  constituting  the  remainder  of  the  State  shall  be 
divided  by  the  General  Assembly  into  thirty-eight  (38)  senatorial  districts 
and  the  number  of  such  voters  in  that  territory  shall  be  divided  by  the 
number  thirty-eight  (38)  and  the  quotient  shall  be  the  ratio  of  representa¬ 
tion  in  the  Senate  for  that  territory. 

When  a  county  contains  two  (2)  or  more  ratios  of  its  territory  it  shall 
be  divided  by  the  General  Assembly  into  as  many  senatorial  districts  as-  it 
has  such  ratios.  Districts  in  counties  so  divided  shall  be  bounded  by  precinct 
or  ward  lines,  or  both,  all  other  senatorial  districts  shall  be  bounded  by 
county  lines. 

All  senatorial  districts  shall  be  formed  of  compact  and  contiguous  terri¬ 
tory  and  the  districts  in  each  territory  shall  contain  as  nearly  as  practicable 
an  equal  number  of  such  voters,  but  in  no  case  less  than  four-fifths  (%)  of 
the  ratio  for  that  territory. 

Senators  shall  be  so  elected  that  the  term  of  those  now  in  office  shall 
not  be  disturbed.  Senators  shall  be  divided  into  two  classes  so  that  one-half 
as  nearly  as  practicable  shall  be  chosen  biennially. 


The  question  being  on  the  adoption  of  the  substitute,  a  call  of  the 


roll  was  had, 

resulting  as 

follows:  Yeas, 

81;  nays,  1. 

Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

Dawes 

Green 

McGuire 

Shanahan 

Adamkiewicz 

Dietz 

Hamill 

Meinert 

Shaw 

Barr 

Dryer 

Hogan 

Michal 

Shuey 

Beckman 

Dunlap 

Hollenbeck 

Mighell 

Six 

Brandon 

Dupuy,  G.  A. 

Hull 

Mills 

Smith 

Brenholt 

Biting 

Ireland 

Moore 

Sneed 

Brewster 

Fifer 

Jack 

Nichols 

Sutherland 

Cary,  C.  D. 

Frole 

Jarman 

O’Brien 

Taff 

Carl  strom 

Fyke 

Johnson,  L.  C. 

Paddock 

Tebbens 

Catron 

Gale 

Johnson,  W.  A. 

Parker 

Torrance 

Chew 

Ganschow 

Kerrick 

Pincus 

Traeger 

Clarke 

Garrett 

Kunde 

Pinnell 

Trautmann 

Coolley 

Gee 

Latchford 

Quinn 

Warren 

Corlett 

Gilbert 

Lill 

Rinaker 

Wilson 

Cruden 

Goodyear 

Lindly 

Rosenberg 

Wolff 

Cutting 

Davis 

Gray 

McEwen 

Scanlan 

Mr.  President 

Yeas — 81 

Those  voting  in  the  negative  are :  Mr. 

Morris 

Nays — 1 

The  substitute  for  section  6,  of  Proposal  No.  366,  having  received 
the  votes  of  a  majority  of  the  Delegates  elected,  was  declared  passed  and, 
under  the  rules,  was  re-referred  to  the  Committee  on  Phraseology  and 
Style  for  action  as  provided  by  Pule  20. 

Upon  request  of  their  colleagues,  Delegates  Wall,  Tanner,  Whitman. 
Mack,  la.russi,  Stahl,  Pearce  and  Miller  were  excused  on  account  of  ill¬ 
ness. 


Special  Order. 

The  Convention  againg  proceeding  on  the  special  order  set  for  this 
hour,  the  same  was  taken  up. 

And  the  question  being  on  the  motion  of  Mr.  Barr  to  reconsider  the 
vote  by  which  section  7,  of  Proposal  No.  366,  was  lost. 

It  was  decided  in  the  affirmative. 

Mr.  Gale  thereupon  offered  the  following  substitute  for  section  7, 
and  moved  its  adoption: 

Section  7.  The  General  Assembly  whenever  the  State  shall  be  appor¬ 
tioned  into  senatorial  districts,  shall  apportion  the  State  into  153  repre¬ 
sentative  districts  each  of  which  shall  elect  one  representative  whose  term  of 
office  shall  be  two  years  and  the  basis  of  representative  apportionment  shall 
be  the  number  of  voters  who  voted  for  Governor  at  the  last  regular  election, 


492 


JOURNAL  OF  THE 


[Feb.  7, 


?L7^?Grel™  was  elected  previous  to  the  apportionment.  Represen- 
tatn  e  districts  shall  be  formed  of  contiguous  and  compact  territory  bounded 
county  lines  and  contain  as  nearly  as  practicable  an  equal  number  of 
motels  but  no  district  shall  contain  less  than  four-fifths  (¥=•)  of  the  reDre- 
sentative  ratio.  J  y  e 

v  ^Cc!^nV®s  containing  not  less  than  the  ratio  and  three-fourths  {%)  shall 
be  divided  into  separate  districts  and  shall  be  entitled  to  two  representatives 
and  to  one  additional  representative  for  each  number  of  such  voters  equal  to 
he  ratio  contained  by  said  counties  in  excess  of  twice  the  number  of  said 
and  ellch  separate  districts  shall  be  formed  of  compact  and  contiguous 
erntcrj,  bounded  by  township,  ward  or  precinct  lines  and  containing  as 
nearly  as  practicable  an  equal  number  of  such  voters,  but  in  no  case  less 
than  four-fifths  (%)  of  the  ratio. 


Pending  consideration,  Mr.  Quinn  offered  the  following  amendment 
to  the  substitute,  and  moved  its  adoption : 

.  ^le  substitute  by  striking  out  all  of  the  same  after  the 
voids  Section  V3  and  inserting  the  following: 


Amendment  No.  1. 


At  the  same  time  that  the  senatorial  apportionment  is  made  the  State 
shall  be  apportioned  into  fifty-one  representative  districts,  each  to  contain, 
as  nearly  as  practicable  that  number  of  voters,  as  may  be  equal  to  the  total 
number  of  votes  divided  by  fifty-one  cast  for  the  office  of  Governor  at  the 
last  regular  election  at  which  a  Governor  was  elected  previous  to  the  time 
of  such  apportionment. 

From  each  of  such  districts  three  members  shall  be  elected  to  the  House 
of  Representatives  for  the  term  of  two  years.  Such  districts  shall  be  formed 
of  compact  and  contiguous  territory  bounded  by  county  lines,  where  the 
whole  of  one  or  more  counties  form  such  a  district  and  by  ward  or  precinct 
lines  where  one  county  shall  contain  more  than  one  such  district. 

The  General  Assembly  shall  provide  by  appropriate  legislation  that  more 
than  two  members  of  the  House  of  Representatives,  for  any  district,  may 
not  be  elected  from  the  same  political  party,  or  group  of  petitioners  or 
nominators. 

The  Legislature  shall  also  provide  that  no  political  party  or  group  of 
petitioners  or  nominators  in  any  district  shall  be  allowed  to  make  any 
nominations  for  members  in  the  House  of  Representatives  unless  it  shall 
nominate  as  many  candidates  as  the  district,  for  which  such  nominations 
are  made,  is  entitled  to  elect  to  the  House  of  Representatives. 


The  question  being  on  the  adoption  of  the  amendment  offered  by 
Mr.  Quinn,  on  demand  of  five  Delegates  a  call  of  the  roll  was  had.  re¬ 
sulting  as  follows:  Yeas,  21;  nays,  58. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adamkiewicz 

Davis 

Dawes 

Dietz 

FTole 


Fyke 

Ganschow 

Kunde 

Latchford 


McEwen 

Michal 

O’Brien 

Quinn 


Those  voting  in  the  negative  are : 

Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 

Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 


Rinaker 

Rosenberg1 

Shanahan 

Stx 

Messrs. 


Sneed 

Sutherland 

Tebbens 

Traeger 

Yeas — 21. 


Cruden 

Gray 

Lill 

Pinnell 

Cutting 

Green 

Lindly 

Shaw 

Dryer 

Hamill 

McGuire 

Shuey 

Dunlap 

Hogan 

Meinert 

Smith 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Taff 

Elting 

Hull 

Mills 

Torrance 

Fifer 

Ireland 

Moore 

Trautmann 

Gale 

Jack 

Morris 

Warren 

Garrett 

Jarman 

Nichols 

Wilson 

Gee 

Johnson,  L.  C. 

Paddock 

Wolff 

Gilbert 

Goodyear 

Johnson,  W.  A. 
Kerrick 

Parker 

Mr.  President 
Nays — 58 

1922.] 


CONSTITUTIONAL  CONVENTION. 


493 


Ancl  the  amendment  was  lost. 

Mr.  Jarman  offered  the  following  amendment  to  the  substitute  and 
moved  its  adoption : 


Amendment  No.  2. 


Amend 

the  substitute  by  adding  at  the  end  thereof  the 

following:  “but 

no  county 

or  territory  thereof  as  now  organized,  shall  have  more  than 

seventy-six 

(76)  members  of  the  House  of  Representatives.’ 

y 

The  question  being  on  the  adoption 

of  the  amendment  offered  by 

Mr.  Jarman,  on  demand  of  five  Delegates 

a  call  of  the  roll  was  had,  re- 

suiting  as 

follows:  Yeas, 

37 ;  nays,  43. 

Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Dunlap 

Hollenbeck 

Lindly 

Pinnell 

Barr 

Biting 

Ireland 

McGuire 

Rinaker 

Brandon 

Fifer 

Jack 

Meinert 

Shaw 

Brewster 

Gee 

Jarman 

Mighell 

Shuey 

Cary,  C.  D. 

Gilbert 

Johnson,  L.  C. 

Mills 

Six 

Chew 

Goodyear 

Johnson,  W.  A. 

Nichols 

Smith 

Coolley 

Gray 

Kerrick 

Parker 

Taff 

Corlett 

Hogan 

Yeas — 37. 

Those  voting  in  the  negative  are:  Messrs. 

Adamkiewicz  Dawes 

Green 

Morris 

Sutherland 

Beckman 

Dietz 

Hamill 

O’Brien 

Tebbens 

Brenholt 

Dryer 

Hull 

Paddock 

Torrance 

Carlstrom 

Dupuy,  G.  A. 

Kunde 

Pincus 

Traeger 

Catron 

Frole 

Latchford 

Quinn 

Trautmann 

Clarke 

Fyke 

Lill 

Rosenberg 

Wilson 

Cruden 

Gale 

McEwen 

Shanahan 

Wolff 

Cutting 

Ganschow 

Michal 

Sneed 

Mr.  President 

Davis 

Garrett 

Moore 

Nays — 43. 

And  the  amendment 

was  lost. 

The  question  recurring  on  the  adoption  of  the  substitute  for  section 
7,  a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  76 ;  nays,  6. 


Those  voting  in  the  affirmative  are : 

Messrs. 

y  s  %/  y 

Adams 

Davis 

Hamill 

Michal 

Shaw 

Adamkiewicz 

Dawes 

Hogan 

Mills 

Shuey 

Barr 

Dietz 

Hollenbeck 

Moore 

Six 

Beckman 

Dryer 

Hull 

Morris 

Smith 

Brandon 

Dunlap 

Ireland 

Nichols 

Sneed 

Brenholt 

Dupuy,  G.  A. 

Jack 

O’Brien 

Sutherland 

Brewster 

Fifer 

Johnson,  L.  C. 

Paddock 

Tebbens 

Cary,  C.  D. 

Frole 

Kerrick 

Parker 

Torrance 

Carlstrom 

Fyke 

Kunde 

Pincus 

Traeger 

Catron 

Gale 

Batchford 

Pinnell 

Trautmann 

Chew 

Ganschow 

Lill 

Quinn 

Warren 

Clarke 

Garrett 

Lindly 

Rinaker 

Wilson 

Coolley 

Gilbert 

McEwen 

Rosenberg 

Wolff 

Corlett 

Goodyear 

McGuire 

Scanlan 

Mr.  President 

Cruden 

Gray 

Meinert 

Shanahan 

Yeas — 76. 

Cutting 

Green 

Those  voting  in  the  negative  are :  Messrs. 

Elting  Jarman  Johnson,  W.  A.  Mighell  Taft 

Gee  Nays — 6. 

The  substitute  for  section  7,  of  Proposal  Yo.  366,  having  received 
the  votes  of  a  majority  of  the  Delegates  elected,  was  declared  passed  and, 
under  the  rules,  was  re-referred  to  the  Committee  on  Phraseology  and 
Style  for  action  as  provided  by  Rule  20. 

At  the  hour  of  7 :10  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


494 


JOURNAL  OR  THE 


[Feb.  8, 


WEDNESDAY,  FEBRUARY  8,  1922,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Jerry  Wallace,  Rector  of  the  Christ 
Episcopal  Church,  of  Springfield. 

The  Journal  of  Thursday,  February  2d,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  following 
report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 

Committee  Report. 

Your  Committee  on  Rules  and  Procedure  recommends  that  Sections  1, 
2,  3  and  4  of  Report  No.  11,  from  the  Committee  on  Phraseology  and  Style, 
now  pending  on  second  reading,  be  made  a  special  order  for  Wednesday, 
February  8,  1922,  and  each  succeeding  convention  day  thereafter  until  dis¬ 
position  thereof  on  second  reading,  said  sections  to  be  considered  together 
and  to  be  voted  upon  separately  and  in  the  order  above  named. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 

It  was  decided  in  the  affirmative. 

Special  Order. 

The  Convention  proceeding  on  the  special  order  of  the  day,  sections 
1,  2,  3  and  4  of  Proposal  No.  378,  as  amended  by  the  report  of  the  Com¬ 
mittee  on  Phraseology  and  Style,  submitted  to  the  Convention  on  Sep¬ 
tember  6,  1921,  was  taken  up  on  the  order  of  second  reading  and  read  at 
large. 

Pending  consideration,  at  the  hour  of  12 :30  o’clock  p.  m.,  Mr. 
Hamill  moved  that  the  Convention  do  now  take  a  recess  until  2  :00  o’clock 
p.  m. 

And  the  motion  prevailed. 

2:00  o’Clock  P.  M. 

The  hour  of  2  :00  o’clock  p.  m.,  having  arrived  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  pending  question,  at  the  hour  of  taking  a  recess,  being  the 
motion  to  adopt  sections  1,  2,  3  and  4  of  Proposal  No.  378,  the  same 
were  againg  taken  up. 

Y  hereupon  Mr.  Gale  offered  the  following*  substitute  for  section  1, 
and  moved  its  adoption  : 


1 922.] 


CONSTITUTIONAL  CONVENTION. 


495 


Section  1.  The  power  of  taxation  shall  never  be  surrendered,  suspended 
nor  contracted  away.  Taxes  shall  be  levied  and  collected  only  under  general 
laws  and  for  public  purposes.  No  income  taxes  shall  be  levied,  except  at  a 
uniform  rate  with  exemption  of  not  less  than  five  hundred  dollars  ($500.00) 
nor  more  than  two  thousand  dollars  ($2,000.00)  of  annual  income  to  any 
one  person  or  corporation. 

Pending  consideration,  Mr.  Hamid  offered  the  following  amendment 
to  the  substitute  and  moved  its  adoption : 


Amendment  No.  1. 

Amend  the  substitute  by  striking  out  the  w’ords  “less  than  five  hundred 
dollars  ($500.00)  nor.” 

*  And  the  amendment  was  adopted. 

Mr.  Nichols  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  2. 


Amend  the  substitute  by  adding  the  word  “no”  before,  and  the  word 
“therefrom”  after  the  word  “exemption”  and  by  striking  out  all  of  the  sub¬ 
stitute  after  the  word  “exemption”. 


The  question  being  on  the  adoption  of  the  amendment  offered  by 
Mr.  Nichols,  on  demand  of  five  Delegates,  a  call  of  the  roll  was  had, 
resulting  as  follows:  Yeas,  15;  nays,  36. 

Those  voting  in  the  affirmative  are :  Messrs. 

Cary,  C.  D.  Ireland  Nichols  Smith  Wilson 

Clarke  Johnson,  D.  C.  Rinaker  Torrance  Woodward 

Green  Morris  Shanahan  Warren  Yeas — 15. 

Hollenbeck 


Those  voting  in  the  negative  are : 


Adams 

Barr 

Brandon 

Brenholt 

Brewster 

Carlstrom 

Catron 

Coolley 


Dawes 
Dunlap 
Dupuy,  G.  A, 
Gale 

Goodyear 

Gorman 

Gray 


Hamill 

Hogan 

Hull 

Jack 

Jarman 

Johnson,  W.  A. 

Kerrick 


And  the  amendment  was  lost. 


Messrs. 


Lindly 

McGuire 

Meinert 

Mig'hell 

Mills 

Moore 

Scanlan 


Shaw 

Six 

Sneed 

Sutherland 

Taff 

Trautmann 
Mr.  President 

Nays — 36. 


At  the  hour  of  5:15  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9:00  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


496 


JOURNAL  OF  THE 


[Feb.  9, 


THURSDAY,  FEBRUARY  9,  19 22,  9  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding.  . 

Prayer  was  offered  by  the  Rev.  Jerry  Wallace,  Rector  of  the  Christ 

Episcopal  Church,  of  Springfield.  _  . 

The  Journal  of  Tuesday,  February  7th,  having  been  printed,  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  pending  question  at  the  hour  of  adjournment  on  yesterday, 
being  the  consideration  of  the  substitute  for  section  1,  of  Proposal  Xo. 
378,  offered  by  Mr.  Gale,  the  same  was  again  taken  up. 

"  Whereupon  Mr.  Sutherland  offered  the  following  amendment  and 

moved  its  adoption : 


Amendment  No.  3. 

Amend  the  substitute  by  striking  out  the  words  and  figures  “tw° 
sand  dollars  ($2,000.00)”  in  line  7  and  substituting  therefor  the  words  and 
figures  “fifteen  hundred  dollars  ($1,500.00)”. 

And  the  amendment  was  lost. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  4. 


Amend  the  substitute  by  striking  out  the  words  and  figures  Jwoth 
sand  dollars  ($2,000.00)”  in  line  7  and  substituting  therefor  the  words  and 
figures  “one  thousand  dollars  ($1,000.00)”. 

And  the  question  being  on  the  adoption  of  the  amendment,  a  di¬ 
vision  of  the  Convention  was  had,  resulting  as  follows:  Yeas,  18, 


nays,  24. 

And  the  amendment  was  lost. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  5. 

Amend  the  substitute  by  striking  out  all  after  the  word  and  figure 

“Section  1”  and  inserting  in  lieu  thereof  the  following: 

“The  power  to  taxation  shall  never  he  surrendered,  suspended  or  con¬ 
tracted  away.  Taxes  shall  be  levied  and  collected  only  under  general  laws 
and  for  public  purposes.  The  burdens  of  taxation  shall  be  so  distributed  that 
every  person  and  corporation  shall  pay  his,  her  or  its  proportionate  share 
of  the  expenses  of  government.” 

And  the  amendment  was  lost. 


1922.  J 


CONSTITUTIONAL  CONVENTION . 


497 


Mr.  Brandon  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  6. 

Amend  the  substitute  by  striking  out  all  after  the  word  “purposes”  in 

“If6  anamcomeUtax  Dbe levied0 at n!  graduated  and  progressive  rate  the 
hnct  rntp  chall  not  exceed  four  times  the  lowest  rate  (and  no  exemption 

ofgmore  than  $1  000.00  of  annual  income  shall  he  allowed  to  any  one  Person 
ot  more  tnan  *  ’  V  h  f  he  levied  at  a  uniform  rate  there  shall  be  no 

exempUon  Iherefrom  of  more  than  $2,000.00  of  annual  income  to  any  one 

person  or  corporation.”  , 

Pending  consideration,  at  the  hour  of  11 :16  o’clock  a.  m.,  Mr.  Gale 

moved  that  the  Convention  do  now  adjourn  until  Tuesday,  February  14, 

1922,  at  10  :00  o'clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


—32  C  J 


498 


JOURNAL  OF  THE 


[Feb.  14, 


TUESDAY,  FEBRUARY  14,  1922,  10  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  John  F.  Yonckx,  of  the  First  Presby¬ 
terian  Church,  of  Ottawa. 

The  Journal  of  Wednesday,  February  8tli,  having  been  printed,  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  pending  question  at  the  hour  of  adjournment  on  February  9th, 
being  the  consideraion  of  Amendment  Yo.  6,  offered  by  Mr.  Brandon  to 
the  substitute  for  section  1,  of  Proposal  Yo.  378,  offered  by  Mr.  Dale, 
the  same  was  again  taken  up. 

At  the  hour  of  12  :00  o’clock  noon,  Mr.  G-reen  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2  :00  o’Clock  P.  M. 

The  hour  of  2  :00  o’clock  p.  m.,  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  Amendment  Yo.  6,  offered  by  Mr.  Brandon  to  the  substitute 
for  section  1,  of  Proposal  Yo.  378,  offered  by  Mr.  Gale,  the  same  was 
again  taken  up. 

At  the  hour  of  5:25  o'clock  p.  m.,  Mr.  G-reen  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


499 


WEDNESDAY,  FEBRUARY  15,  1922,  9  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  John  F.  Aonckx,  of  the  First  Presby¬ 
terian  Church,  of  Ottawa. 

The  Journal  of  Thursday,  February  9th,  having  been  printed,  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  pending  question  at  the  hour  of  adjournment  on  yesterday, 
being  the  consideration  of  Amendment  No.  6,  offered  by  Mr.  Brandon, 
to  the  substitute  for  section  1,  of  Proposal  No.  378,  offered  by  Mr.  Gale, 
the  same  was  again  taken  up. 

At  the  hour  of  11 :00  o’clock  a.  nr.,  Mr.  Gale  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  2  :00  o’clock  p.  nr. 

And  the  motion  prevailed. 

2  :00  o’Clock  P.  M. 

The  hour  of  2  :00  o’clock  p.  nr.,  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  Presiding. 

The  pending  question,  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  Amendment  No.  6,  offered  by  Mr.  Brandon,  to  the  substi¬ 
tute  for  section  1,  of  Proposal  No.  378,  offered  by  Mr.  Gale,  the  same 
was  again  taken  up. 

And  the  question  being  on  the  adoption  of  Amendment  JNo.  6,  to  the 
substitute  for  section  1. 

It  was  decided  in  the  negative. 

The  question  recurring  on  the  adoption  of  the  substitute  for  section 
1,  as  amended. 

Mr.  Green  moved  that  the  same  be  laid  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in  the 
affirmative. 

Whereupon  Mr.  Clarke  moved  that  section  1,  of  the  report  of  the 
Committee  on  Phraseology  and  Style,  on  Proposal  No.  378,  be  adopted. 

Pending  consideration,  Mr.  Rinaker  offered  the  following  amend¬ 
ment  and  moved  its  adoption : 

Amendment  No.  1. 

Amend  Section  1,  by  striking  out  the  w'ord  “or”  after  the  word  “sur¬ 
rendered”  and  by  adding  after  the  word  “suspended”  the  following  “or 
contracted  away.” 

And  the  amendment  was  adopted. 

At  the  hour  of  3  :30  o’clock  p.  m.,  Mr.  Dunlap  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  4 :00  o’clock  p.  m. 

And  the  the  motion  prevailed. 


5  00 


JOURNAL  OF  THE 


[Feb.  15, 


4:00  o’Clock  P.  M. 

The  hour  of  4:00  o’clock  p.  m.,  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  pending  question,  at  the  hour  of  taking  a  recess,  being  the  con¬ 
sideration  of  the  motion  of  Mr.  Clarke  that  section  1,  of  the  report  of 
the  Committee  on  Phraseology  and  Style,  on  Proposal  No.  378,  be 
adopted,  the  same  was  taken  up. 

Pending  discussion,  at  the  hour  of  5  :05  o’clock  p.  m.,  Mr.  Green 
moved  that  the  Convention  do  now  resolve  itself  into  a  Committee  of  the 
Whole  for  the  purpose  of  considering  revenue  questions  upon  the  follow¬ 
ing  propositions,  to-wit: 

(1)  Shall  the  Constitution  require  the  Legislature  to  provide  for  a 
uniform  rate  if  an  income  tax  be  levied. 

(2)  Shall  exemptions  be  limited  to  income  from  personal  services  or 
shall  exemptions  be  allowed  from  incomes  both  from  property  and  personal 
services. 

(3)  Shall  the  Constitution  forbid  the  General  Assembly  imposing  an 
advalorem  tax  upon  property  the  income  of  which  is  taxed. 

(4)  Shall  all  exemptions  from  income  taxes  be  forbidden. 

(5)  Shall  the  General  Assembly  be  required,  if  it  levies  an  income 
tax,  to  fix  the  same  rate  upon  incomes  from  property  that  are  fixed  upon 
incomes  from  other  sources. 

(6)  Shall  the  General  Assembly  be  limited  to  providing  revenue  only 
by  a  general  property  tax. 

(7)  Shall  the  Constitution  forbid  the  General  Assembly  making  any 
form  of  classification  of  property  for  taxation. 

Mr.  Jarman  moved  as  a  substitute  that  the  Convention  resolve  itself 
into  a  Committee  of  the  Whole  for  the  purpose  of  considering  the  sub¬ 
ject  of  revenue. 

The  question  being  on  the  substitute  motion,  a  division  of  the  Con¬ 
vention  was  had,  resulting  as  follows:  Yeas,  24;  nays,  32. 

And  the  substitute  was  lost. 

The  question  recurring  on  the  motion  of  Mr.  Green,  it  was  decided 
in  the  affirmative. 

The  President  thereupon  called  Mr.  Gale  to  the  chair. 

And  at  the  hour  of  5  :45  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  purpose  of  considering  the  propositions 
above  set  forth. 

At  the  hour  of  10:25  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Gale,  from  the  Committee  of  the  Whole,  reported  that  the  com¬ 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  10  :30  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


501 


THURSDAY,  FEBRUARY  16,  1922,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Bev.  John  F.  Vonckx,  of  the  First  Presby¬ 
terian  Church,  of  Ottawa. 

The  Journal  of  Tuesday,  February  14th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr.  Fifer  moved  that  when  the  Convention  adjourns  today,  it  stand 
adjourned  until  Tuesday,  February  21,  1922,  at  10:00  o'clock  a.  m. 

And  the  motion  prevailed. 

Mr.  Gale  moved  that  the  Convention  do  now  resolve  itself  into  a 

Committee  of  the  Whole  for  the  purpose  of  further  considering’  revenue 
questions.  G 

And  the  motion  prevailed. 

The  President  thereupon  called  Mr.  Gale  to  the  chair 

And  at  the  hour  of  10:25  o'clock  a.  m,  the  Convention  went  into 
Committee  of  the  Whole. 

At  the  hour  of  12:22  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr  Gale,  from  the  Committee  of  the  Whole,  reported  that  the  com- 
mittee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in 

ConviulGn0"1'  0fP:3°  °’cl0ck  P-  m-’  Mr-  Cutti"g  ™ved  that  the 
'  invention  do  now  adjourn. 

Mr.  Lindlv  moved  as  a  substitute  that  the  Convention  do  now  take 
a  recess  until  2  :00  o^  clock  p.  m. 

And  the  motion  prevailed. 


2:00  o'Clock  P.  M. 

i  he  hour  of  2:00  o'clock  p.  m.,  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

•  Ar',  niovctl  that  a  committee  of  seven  Delegates  be  ao- 

corn  lalby  ,t  *  ,’re,"'dent’  ,to  adiust  the  differences  and  to  consider  and 
correlate  into  one  concrete  article  the  proposals  and  suggestions  on 

revenue,  now  before  the  Convention.  -  011 

And  the  motion  prevailed. 

1  The  President  thereupon  appointed  as  such  committee,  Delegates 
•  a  "inn,  Chairman;  1, maker,  Fifer,  Hamill,  Shanahan,  Lindly  and  Taft. 


~02  JOURNAL  OF  the  [Feb.  16, 

At  the  hour  of  2  :20  o’clock  p.  m.,  Mr.  Green,  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  in  accordance  with  the  motion  heretofore  adopted,  the  Con¬ 
vention  stood  adjourned  until  Tuesday,  February  21,  1922,  at  10.00 

o’clock  a.  m. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


503 


TUESDAY,  FEBRUARY  21,  1922,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Francis  H.  DeVol,  of  the  First 
Christian  Church,  of  Washburn. 

The  Journal  of  Wednesday,  February  15th,  having  been  printed 
and  placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules, 
was  taken  up,  and  no  corrections  appearing,  was  ordered  to  stand 
approved. 

At  the  hour  of  10 :30  o’clock  a.  m.,  Mr.  Jarman  moved  that  the 
Convention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2  :00  o’Clock  P.  M. 

The  hour  of  2 :00  o’clock  p.  m.,  having  arrived,  the  Convention 
assumed  its  session. 

The  President  presiding. 

Mr.  Gale,  from  the  Committee  of  the  Whole,  further  supplementing 
his  report  made  to  the  Convention,  on  Thursday,  last,  reported  as  fol¬ 
lows  : 

The  Committee  of  the  Whole  having  under  consideration  the  propositions 
embodied  in  the  motion  pursuant  to  which  the  Convention  was  resolved  into 
Committee  of  the  Whole,  has  considered  four  of  the  seven  questions  under 
consideration. 

In  Committee  of  the  Whole  some  of  the  questions  and  propositions  were 
modified  and  considered  by  the  committee  in  modified  form. 

Proposition  No.  1,  was  modified  to  read  as  follows: 

“Shall  the  Revenue  Article  of  the  Constitution  provide  or  require  that 
if  a  general  income  tax  be  levied  on  income  from  whatever  source  derived, 
that  the  same  be  levied  at  uniform  rate  as  distinguished  from  progressive 
rate?” 

On  this  question  the  affirmative  votes  were  22;  and  the  negative  votes 
were  30. 

The  Committee  on  the  Whole  next  considered  question  No.  4. 

“Shall  all  exemptions  from  income  taxes  be  forbidden?” 

On  this  question  the  affirmative  votes  were  9,  the  negative  votes  38. 

The  next  question  considered  in  the  Committee  of  the  Whole  was  ques¬ 
tion  No.  5,  modified  to  read  as  follows: 

“Shall  the  General  Assembly  be  precluded  from  placing  a  different  rate 
upon  income  derived  from  property  from  that  imposed  upon  income  derived 
from  other  sources?” 

On  this  question  the  affirmative  votes  were  5,  the  negative  votes  37. 

The  Committee  of  the  Whole  then  considered  question  No.  2,  which  was 
modified  to  read  as  follows: 

“Shall  exemptions  from  income  taxes  be  limited  to  income  from  per¬ 
sonal  services,  or  shall  exemptions  be  allowed  from  incomes  both  from 
property  and  from  personal  services.” 


504 


JOURNAL  OF  THE 


[Feb.  21, 


On  motion  the  question  was  divided  and  vote  taken  on  the  first  proposi¬ 
tion  embodied  in  the  question.  “Shall  exemptions  from  income  be  limited 
to  income  from  personal  services?” 

On  this  question  the  affirmative  votes  were  26,  the  negative  votes  19. 

No  action  has  been  taken  by  the  Committee  of  the  Whole  on  the  follow¬ 
ing  questions  and  propositions,  namely: 

(3)  “Shall  the  Constitution  forbid  the  General  Assembly  imposing  an 
advalorem  tax  upon  property  the  income  of  which  is  taxed?” 

(6)  “Shall  the  General  Assembly  be  limited  to  providing  revenue  only 
by  a  general  property  tax?” 

(7)  “Shall  the  Constitution  forbid  the  General  Assembly  making  any 
form  of  classification  of  property  for  taxation?” 

The  question  being  on  the  adoption  of  the  foregoing  supplemental 
report,  it  was  decided  in  the  affirmative. 

Mr.  Jarman,  from  the  Special  Committee,  heretofore  appointed  to 
adjust  the  differences  and  consider  and  correlate  into  one  concrete  article 
the  proposals  and  suggestions  on  revenue,  submitted  the  following  re¬ 
port  and  moved  that  the  report  be  received  by  the  Convention,  and  sub¬ 
stituted  for  sections  1,  2,  3  and  4  of  Report  No.  11,  of  the  Committee 
on  Phraseology  and  Style  and  all  other  pending  motions  or  propositions 
before  the  Convention  concerning  the  subject  matter  of  those  four  sec¬ 
tions  : 


Committee  Report. 

Section  1.  The  power  of  taxation  shall  never  be  surrendered,  suspended 
-or  contracted  away.  All  taxes  shall  be  levied  and  collected  under  general 
law  and  for  public  purposes  only. 

Section  2.  The  General  Assembly  shall  provide  for  the  levy  of  taxes 
upon  property  by  valuation  so  that  every  person  or  corporation  shall  pay  a 
tax  in  proportion  to  the  value  of  his,  her  or  its  property,  such  value  to  be 
ascertained  by  some  person,  or  persons  to  be  elected  or  appointed  in  such 
manner  as  the  General  Assembly  shall  direct  and  not  otherwise. 

Section  3.  In  lieu  of  any  tax  by  valuation  thereon  the  General  Assembly 
may  provide  a  tax  on  all  incomes  derived  from  intangible  property  or  any 
kind  or  class  thereof.  Such  income  tax  shall  be  uniform  and  substantial 
and  reasonably  proportioned  to  the  tax  levied  on  property  by  valuation. 
There  shall  be  no  exemptions  from  such  income  tax  except  as  provided  in 
Section  8  of  this  Article. 

Section  4.  Taxes  may  be  levied  also  on  incomes;  if  the  income  tax  be 
graduated  and  progressive  the  highest  rate  shall  not  exceed  three  times  the 
lowest  rate.  No  person  shall  have  an  exemption  or  deduction  for  living 
expense  of  more  than  five  hundred  dollars  from  income  derived  from  per¬ 
sonal  service  or  any  exemption  from  income  derived  from  any  other  source. 
Taxes  levied  by  valuation  upon  property  in  this  State  and  paid  shall  be 
deducted  from  the  tax  on  income  derived  therefrom  by  the  person  or  cor¬ 
poration  paying  such  property  tax. 

Section  5.  Taxes  may  also  be  levied  on  privileges,  franchises  and  occu¬ 
pations  uniform  as  to  class. 

Section  6.  The  above  specifications  of  objects  and  subjects  of  taxation 
shall  not  deprive  the  General  Assembly  of  the  power  to  require  other  objects 
or  subjects  to  be  taxed  in  such  manner  as  may  be  consistent  with  the  prin¬ 
ciples  of  taxation  fixed  in  this  Constitution. 

Section  7.  Taxes  on  incomes  shall  be  levied  and  collected  only  by  the 
State  but  the  revenue  therefrom  shall  be  distributed  to  the  taxing  bodies 
as  the  General  Assembly  shall  prescribe. 

Section  8.  The  following  classes  of  property  may  be  relieved  from  taxa¬ 
tion  by  general  law':  (1)  Public  property;  (2)  household  furniture  used  as 


1922.] 


CONSTITUTIONAL  CONVENTION. 


505 


such  up  to  five  hundred  dollars  in  value  and  (3)  property  and  income  used 
exclusively  for  (a)  agricultural  and  horticultural  societies,  (b)  incorporated 
societies  of  war  veterans,  (c)  schools,  (d)  cemeteries  not  held  or  used  for 
private  profit,  and  (e)  charitable  or  religious  purposes,  including  parsonages 
owned  and  occupied  as  such. 

Respectfully  submitted  by  the  special  Committee  on  Revenue,  on  Sections 
1,  2,  3  and  4. 


(Signed)  L.  A.  Jarman,  Chairman; 
Thomas  Rinaker, 
Charles  H.  Hamill, 
Cicero  J.  Lindly, 

David  E.  Shanahan, 


A.  E.  Taff. 


The  question  being  on  the  adoption  of  the  report  of  the  Special 

Committee. 

It  was  decided  in  the  affirmative. 

And  the  report  was  placed  before  the  Convention  for  its  consider¬ 
ation  in  lieu  of  sections  1,  2,  3  and  4  of  Report  No.  11,  of  the  Committee 
on  Phraseology  and  Style. 

Mr.  Fifer,  from  the  Special  Committee,  presented  the  following 
individual  report,  for  the  information  of  the  convention,  to-wit : 

I  find  myself  unable  to  agree  with  the  majority  of  the  Special  Com¬ 
mittee  appointed  to  consider  and  report  on  the  Revenue  Article  of  the  Con,- 
stitution  for  the  reason  that  the  majority  report  of  said  committee  makes 
no  provision  for  the  establishment  of  a  tax  rate  to  be  levied  on  income 
from  intangible  property  but  leaves  the  General  Assembly  free  to  fix  what¬ 
ever  rate  it  may  see  fit. 

It  is  conceded  that  intagible  property  has  escaped  taxation  for  the  past 
fifty  years  in  violation  of  law,  and,  in  my  judgment,  unless  some  limitation 
is  placed  upon  the  General  Assembly  respecting  the  tax  rate  on  intangible 
property  that  species  of  property  will  in  the  future  escape  taxation  under 
the  forms  of  law.  It  has  been  said  that  this  convention  cannot  fix  a  pro¬ 
portionate  rate  between  tangible  and  intangible  property  that  would  be 
equitable  and  just;  to  this  contention  I  cannot  agree.  The  Kerrick  and 
Coolley  proposals  both  establish  such  relation.  It  is  said,  however,  that 
both  of  these  proposals  in  this  regard  allow  the  General  Assembly  no  lati¬ 
tude  and  are  too  rigid.  In  answer  to  this  objection  I  suggest  a  maximum 
and  minimum  rate  could  be  placed  on  income  from  intangible  property  that 
will  give  the  General  Assembly  sufficient  latitude. 

In  respect  to  the  other  matters  covered  by  the  majority  report  of  the 
committee  I  have  nothing  to  say  in  this  minority  report  believing  as  I  do 
that  if  the  question  to  which  I  refer  is  once  settled  all  other  matters  can 
be  easily  and  quickly  agreed  to. 

I  have  prepared  and  herewith  submit  a  proposal  attached  to  this  report 
which  I  believe  will  meet  the  requirements  of  the  situation  and  respectfully 
ask  its  adoption. 

Respectfully  submitted, 


(Signed)  Joseph  W.  Fifer. 


Proposed  Substitute  for  Sections  1  to  4  Inclusive,  of  Article  9,  as  Re¬ 
ported  by  the  Committees  on  Phraseology  and  Style. 

The  power  of  taxation  shall  never  be  surrendered,  suspended  or  con¬ 
tracted  away.  All  taxes  shall  be  levied  and  collected  under  general  law' 
and  for  public  purposes  only.  The  General  Assembly  shall  provide  for  the 
levy  of  taxes  upon  property  by  valuation  so  that  every  person  or  corpora¬ 
tion  shall  pay  a  tax  in  proportion  to  the  value  of  his  or  her  or  its  property, 
such  value  to  be  ascertained  by  some  person  or  persons  to  be  elected  or 
appointed  in  such  manner  as  the  General  Assembly  shall  direct  and  not 
otherwise.  Taxes  may  also  be  levied  on  privileges,  franchises  and  occupa- 


506 


JOURNAL  OF  THE 


[Feb.  21, 


tions,  uniform  as  to  class.  The  above  specifications  of  the  objects  and  sub¬ 
jects  of  taxation  shall  not  deprive  the  General  Assembly  of  the  power  to 
require  other  objects  and  subjects  to  be  taxed  in  such  manner  as  may  be 
consistent  with  the  principles  of  taxation  fixed  in  this  constitution. 

In  lieu  of  any  tax  upon  intangible  property  in  proportion  to  its  value, 
the  General  Assembly  may  provide  for  a  tax  on  all  income  derived  from, 
intangible  property,  in  which  case,  if  the  tax  be  not  graduated  and  progres¬ 
sive,  the  rate  of  taxation  shall  be  the  same  on  all  incomes  derived  from 
intangible  property  and  shall  be  not  less  than  twelve  nor  more  than  sixteen 
times  as  great  as  the  rate  of  taxation  on  tangible  property.  Provision  may 
be  made  for  a  graduated  and  progressive  income  tax,  in  which  case  the 
lowest  rate  shall  not  be  less  than  ten  nor  more  than  fourteen  times  the 
rate  on  tangible  property. 

The  General  Assembly  shall  also  provide  for  a  tax  on  all  income  derived 
from  sources  other  than  tangible  and  intangible  property,  in  which  case  the 
rate  of  taxation  shall  be  the  same  as  the  rate  of  taxation  on  intangible 
property. 

Income  shall  be  assessed  for  taxation  in  the  same  proportion  to  its 
value  as  tangible  property  is  assessed  for  taxation. 

In  addition  to  such  other  exemptions  as  may  be  authorized  in  this 
Article  of  the  Constitution,  the  General  Assembly  may  provide  by  general 
lawr  for  an  exemption  from  taxation  of  income,  and  from  taxation  of  prop¬ 
erty  in  proportion  to  its  value,  in  any  amount  not  in  excess  of  $500,  provided 
such  exemption  shall  be  uniform  as  to  both  such  classes. 

Taxes  on  income  shall  be  levied  and  collected  only  by  the  State;  and 
the  proceeds  thereof  in  each  county  shall  be  apportioned  between  the  State, 
the  county,  and  all  taxing  authorities  within  the  county  in  the  same  ratio 
as  the  proceeds  of  taxes  on  real  estate  in  such  county  are  apportioned. 

(N.  D. — This  provision  can  be  conveniently  divided  into  tw7o  or  more 
sections  if  such  division  be  deemed  advisable.) 

Pending  discussion,  at  the  hour  of  5  :25  o'clock  p.  m.,  Mr.  Lindly 
moved  that  the  convention  do  now  adjourn  until  10:00  o'clock  a.  m., 
tomorrow. 

Mr.  Miller  moved  to  amend  the  motion  to  adjourn  to  read  “9  :00 
o'clock  a.  m.” 

The  question  being  on  the  adoption  of  the  amendment,  it  was 
decided  in  the  affirmative. 

The  question  recurring,  on  the  motion  of  Mr.  Lindly,  as  amended, 
it  tvas  decided  in  the  affirmative. 

And  the  convention  stood  adjourned  until  9 :00  o’clock  a.  m., 
tomorrow. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


507 


WEDNESDAY,  FEBRUARY  22,  1922,  9  :00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Francis  H.  DeA  ol,  of  the  First 
Christian  Church,  of  Washburn. 

The  Journal  of  Thursday,  February  16tli,  having  been  printed,  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit : 

Your  Committee  on  Rules  and  Procedure  recommend  that  after  the 


5. 

3. 

9. 

7. 


disposition  on  second  reading  of  sections  1,  2,  3  and  4  of  Report  No.  11, 
of  the  Committee  on  Phraseology  and  Style,  now  under  consideration,  the 
remaining  sections,  namely,  sections  5,  6,  7,  8,  9,  10  and  11  of  said  Report 
No.  11,  be  considered  and  disposed  of  on  the  order  of  second  reading;  that 
following  the  disposition  of  said  Report  No.  11,  the  following  reports  of 
the  Committee  on  Phraseology  and  Style  be  considered  and  disposed  of  on 
second  reading  in  the  following  order: 

Report  No.  10.  Preamble. 

Boundaries. 

Distribution  of  Power. 

Bill  of  Rights. 

Suffrage  and  Elections. 

Legislative  Department  (except  Secs.  6  and  7.) 
Corporations. 

Warehouses. 

Land  Credits. 

Canals  and  Waterways. 

Home  Rule  and  Zoning. 

Education. 

Executive  Department. 

Judicial  Department. 

Counties. 

Cook  County. 

Chicago  and  Cook  County. 

Your  committee  further  recommends  that  the  several  reports  of  the 
Committee  on  Phraseology  and  Style  be  read  and  acted  upon  by  sections 
and  that  a  final  vote  on  second  reading  be  taken  upon  each  section 
separately. 


Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No.  12. 
Report  No.  6. 
Report  No 
Report  No 
Report  No.  13. 
Report  No.  15. 
Report  No. 
Report  No. 
Report  No.  18. 
Report  No.  17. 
Report  No.  16. 
Report  No.  8. 


2. 

14. 


4. 

19. 


The  question  being  on  the  adoption  of  the  report  of  the  committee. 
It  was  decided  in  the  affirmative. 


Mr.  Jarman  raised  the  point  of  no  quorum,  and  thereupon  a  call 
of  the  Convention  was  had,  resulting  as  follows:  Present,  63. 


508 


JOURNAL  OF  THE 


[Feb.  22, 


Those  answering  present :  Messrs. 

Dryer  Hamill  Miller 

Dunlap  Hogan  Mills 

Dupuy,  G.  A.  Hollenbeck  Moore 

Biting  Hull  Nichols 

Fifer  Ireland  O’Brien 

Fyke  Jack  Paddock 

Gale  Jarman  Pincus 

Garrett  Johnson,  W.  A.  Pinnell 

Gee  Kerrick  Quinn 

Gilbert  Lindly  Rinaker 

Goodyear  Mack  Rosenberg 

Gray  McGuire  Scanian 

Green 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Clarke 
Coolley 
Dawes 
Dietz 


Shanahan 

Shuey 

Smith 

Stahl 

Sutherland 
Taff 
Todd 
Torrance 
Traeger 
Trautmann 
Wilson 
Mr.  President 
Present — 63. 


_  Mighell 

The  President  announced  that  a  quorum  of  the  Convention  was 
present. 

Upon  request  of  his  colleague,  Mr.  C.  1).  Carey  was  excused  from 
attendance  at  the  Convention  on  account  of  sickness. 

The  pending  question  at  the  hour  of  adjournment  on  yesterday, 
being  the  consideration  of  the  report  of  the  Special  Committee  on  Pe\e- 
nue,  the  same  was  again  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  section  1,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yea: 

Those  voting  in  the  affirmative  are: 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Clarke 
Coolley 
Dawes 
Dietz 


Dunlap 

Dupuy,  G. 

Biting 

Fifer 

Gale 

Gee 

Goodyear 

Gray 

Green 

Hamill 

Kogan 


Hollenbeck 

Hull 

Ireland 

Jack 

Jarman 

Johnson,  W.  A. 

Kerrick 

Lindly 

Mack 

McGuire 

Mighell 


;,  do  j  nays, 
Messrs, 

Miller 

Mills 

Moore 

Nichols 

O’Brien 

Paddock 

Pinnell 

Quinn 

Rinaker 

Rosenberg 

Shanahan 


0. 


Shuey 

Smith 

Stahl 

Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Wilson 

Mr.  President 

Yeas — 55. 
Nays — 0. 


Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

The  question  then  being  on  the  adoption  of  section  2,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  54 ;  nays,  2. 

Messrs. 


Those  voting  in  the  affirmative  are: 

Adams  Dietz 

Adamkiewicz  Dunlap 
Barr  Dupuy,  G.  A. 

Beckman  Elting 

Brandon  Fifer 

Brenholt  Gee 

Brewster  Gilbert 

Carlstrom  Goodyear 

Clarke  Gray 

Coolley  Green 

Dawes  Hamill 


Tho 


se 


Gale 


Kogan  Miller 

Hollenbeck  Mills 

Hull  Moore 

Jack  Nichols 

Jarman  O’Brien 

Johnson,  W.  A.  Paddock 
Kerrick  Pinnell 

Lindly  Quinn 

Mack  Rinaker 

McGuire  Rosenberg 

Mighell  Shanahan 

voting  in  the  negative  are :  Messrs. 

©  O 

Ireland 


Shuey 

Smith 

Stahl 

Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Trautmann 

Mr.  President 

Yeas — 54. 


Nays — 2. 


Section  2,  having  received-  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

Mr.  Sutherland  gave  notice  that  on  the  next  Convention  Day,  he 
would  move  to  reconsider  the  vote  by  which  section  2,  was  adopted. 

The  question  then  being  on  the  adoption  of  section  3. 

Mr.  Kerrick  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


9 


1922.] 


CONSTITUTIONAL  CONVENTION. 


509 


Amendment  No.  1. 

Amend  section  3  by  striking  out  after  the  word  “and”  first  occurring 

J?  lne.  4  of  faid  section,  the  words  “substantial  and  reasonably”  and 
insert  in  lieu  thereof  the  word  “substantially.”  y 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
was  had>  resulting  as  follows  :  Yeas,  18 ;  nays,  35. 

And  the  amendment  was  lost. 

Convent!*™  °e  A*0  °’Clock  P‘  m'>  Mr-  Ja™an  moved  that  the 

convention  do  now  take  a  recess  until  2:00  o’clock  p.  ni. 

And  the  motion  prevailed. 


2  :00  o’Clock  P.  M. 

sum ePt  h°Ur  °f  2  :0°  °’clock  P-  m->  having  arrived,  the  Convention  re- 
sumed  its  session. 

The  President  presiding. 

finn  P!Jf-ndUig  ,q,uestion  at  the  hour  of  taking  a  recess  being  the  adop- 
t  on  oi  section  3,  the  same  was  again  taken  np. 

adoptilnereUP°n  Mr'  °ee  °fferecl  the  following  amendment  and  moved  its 

Amendment  No.  2. 

“an/pasonaWy  pkponionedko  the  teAevted  on  property  by  valuaUom” 
And  the  amendment  was  adopted. 

tion  •"VJ’r'  Eltmg  offered  tlle  following  amendment  and  moved  its  adop- 


-AMENDMENT  No.  3. 

following1-'1  “Thi0nGMerolStA?alngmUt  the  last  sentence  thereof,  and  add  the 
proumv  at  a  i»wp^  ®mWy  may  als0  tax  income  not  derived  from 

’  rates  and  taxes  as  required  in  section  2  of  this  article.” 

And  the  amendment  was  lost. 

a  cal^of  ft1  th6b  bieing  T  the  adoPtiou  section  3  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  52;  navs,  9. 

those  voting  in  the  affirmative  are:  Messrs. 

a  Dawes 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Clarke 
Coolley 


Dunlap 

Elting 


Dietz 
Dryer 

Dupuy,  G.  A. 

Fyke 
Gale 
Garrett 
Gee 
Gray 
Green 
Hamill 

Those  voting  in  the  negative  are: 

Fifer 
Gilbert 


Hogan 
Hollenbeck 
Hull 
Jack 
Jarman 
Johnson,  W.  A. 
Lindly 
Mack 
McGuire 
Miller 


Mills 

Moore 

Nichols 

O’Brien 

Paddock 

Pincus 

Pinnell 

Quinn 

Rinaker 

Shanahan 


-n* 
Goodyear 
Kerrick 


Messrs. 

Mighell 

Scanlan 


Shuey 

Smith 

Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Trautmann 

Wilson 

Mr.  President 

Yeas — 52. 


Stahl 


Nays — 9. 


510 


JOURNAL  OF  THE 


[Feb.  22, 


Section  3,  having'  received  the  votes  of  a  majority  of  the  Delegates 
elected  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Rule  .0. 
The  question  then  being  on  the  adoption  of  section  4. 

Mr.  Einaker  otfered  the  following  amendment  and  moved  its  adop- 

tion : 

Amendment  No.  4. 

Amend  section  4  by  inserting  after  the  word  “state”  in  line  7,  the 
words  “or  in  lieu  thereof.” 

And  the  amendment  was  adopted.  .  . 

Mr.  Miller  offered  the  following  amendment  and  moved  its  adoption  . 


Amendment  No.  5. 


‘taxes”  in  line  1,  and 


Amend  section  4,  by  striking  out  the  word 
inserting  in  lieu  thereof  the  words  a  tax.  .  , 

Pending  consideration,  Mr.  Einaker  offered  the  following  as  a  sub¬ 
stitute  for  Amendment  No.  5  and  moved  its  adoption: 

on 

tax  may  be  levied  also,  on  all  incomes. 

And  the  substitute  for  Amendment  No.  5,  was  adopted. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adol 

tion : 

Amendment  No.  6. 

Amend  section  4,  by  changing  the  period  after  the  word  gSOince  jw 
line  6,  to  a  comma.  Strike  out  the  last  :  sent®  Ceneral  Assembly  may 

substitute  in  lieu  thereof  the  following.  taxes  paid  upon  property 

permit  such  deductions  as  shall  compensate  for taxes paiaaxup  ldyinylieu 
from  which  the  taxed  income  is  derived,  or  for  mcom  P 

of  tax  by  valuation. 

And  the  amendment  was  adopted.  0a„n+inn  • 

Mr.  Miller  offered  the  following  amendment  and  moved  its  adoption . 

Amendment  No.  7. 

folio"  “or"  mlyhe^fed^r  afinTomes  ’ from  ’ lersonM 
services.” 

And  the  amendment  was  lost.  .  ,  ,  vn,lV..,i  :is 

Mr.  Sutherland  offered  the  following  amendment  and  moved 

adoption : 

Amendment  No.  8. 

Amend  section  4,  by  inserting  after  the  figure  4  the  letter  “A"  and  by 

addBg  ^32^  a^lfncOTnes'regardles^ofsource" 

K2?  ofpenrsonaie 

by  raluftionbn’  the  event  that  such  a  general  income  tax  is  established. 


CONSTITUTIONAL  CONVENTION. 


511 


1922.] 


but  no  such  tax  upon  income  shall  be  by  graduated  rates  unless  the 
graduation  shall  be  so  limited  that  the  highest  rate  shall  not  be  greater 
than  three  times  the  lowest  rate.  The  General  Assembly  shall  not  fail  to 
provide  such  offsets  or  deductions  as  may  be  necessary  to  equitable  adjust¬ 
ment  between  taxes  upon  income  and  taxes  upon  property.  There  shall 
be  no  exemption  exceeding  $1,000,  of  income  to  a  taxpayer. 

And  the  amendment  was  lost. 

Mr.  Dunlap  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  9. 


‘five  hundred” 


Amend  section  4,  by  striking  out  in  line  4,  the  words 
inserting  in  lieu  thereof  the  words  one  thousand. 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  4,  &s  amended. 


Those  voting  in 

the  affirmative  are 

:  Messrs. 

Adams 

Dietz 

Hogan 

Mills 

Barr 

Dryer 

Hollenbeck 

Moore 

Beckman 

Dupuy,  i 

G.  A.  Hull 

Nichols 

Brandon 

Fyke 

Ireland 

O’Brien 

Brenholt 

Gale 

Jack 

Paddock 

Brewster 

Garrett 

Jarman 

Pinnell 

Carlstrom 

Gee 

Johnson,  W.  A. 

Quinn 

Catron 

Gilbert 

Lindly 

Rinaker 

Clarke 

Gray 

Mack 

Shanahan 

Coolley 

Green 

McGuire 

Shuey 

Dawes 

Hamill 

Miller 

Those 

voting  in 

the  negative  are : 

Messrs. 

Adamkiewicz 

Elting 

Goodyear 

Pincus 

Smith 

Stahl 

Sutherland 

Taft 

Todd 

Torrance 

Traeger 

Trautmann 

Wilson 

Mr.  President 

Yeas — 53. 


Scanlan 


Dunlap 


Fifer 


Nays — 8. 


Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

At  the  hour  of  5:50  o'clock  p.  m.,  Mr.  Jarman  moved  that  the 
Convention  do  now  take  a  recess  until  8  :00  o’clock  p.  m. 

And  the  motion  prevailed. 


8 :00  o’Clock  P.  M. 


The  hour  of  8:00  o’clock  p.  m.,  having  arrived,  the  Convention  re¬ 
sumed  its  session. 


The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  the  report  of  the  Special  Committee  on  Revenue,  the  same 
was  again  taken  up. 

And  the  question  being  on  the  adoption  of  section  5,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  54;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Dryer 

Hogan 

Mills 

Smith 

Adamkiewicz 

Dunlap 

Hollenbeck 

Moore 

Stahl 

Barr 

Dupuy,  G.  A. 

Hull 

Nichols 

Sutherland 

Beckman 

Kiting 

Jack 

O'Brien 

Taff 

Brandon 

Gale 

Jarman 

Paddock 

Todd 

Brenholt 

Garrett 

Johnson,  W.  A. 

Pincus 

Torrance 

Brewster 

Gilbert 

Lindly 

Pinnell 

Traeger 

Catron 

Goodyear 

Mack 

Quinn 

Trautmann 

Clarke 

Gray 

McGuire 

Rinaker 

Wilson 

Coolley 

Green 

Mighell 

Scanlan 

Mr.  Preside 

Dawes 

Hamill 

Miller 

Shuey 

Ye  a  S' 

Nays — 0. 


512 


JOURNAL  OF  THE 


22 


Section  5,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

The  question  then  being  on  the  adoption  of  section  6,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  55;  nays,  0. 


Those 

voting  in  the  affirmative  are : 

Messrs. 

Adams 

Dunlap 

Hollenbeck 

Mills 

Smith 

Adamkiewicz 

Dupuy,  G.  A. 

Hull 

Moore 

Stahl 

Barr 

Elting 

Jack 

Nichols 

Sutherland 

Beckman 

Gale 

Jarman 

O’Brien 

Taff 

Brandon 

Garrett 

Johnson,  W.  A. 

Paddock 

Todd 

Brenholt 

Gilbert 

Kerrick 

Pincus 

Torrance 

Brewster 

Goodyear 

Lindly 

Pinnell 

Traeger 

Catron 

Gray 

Mack 

Quinn 

Trautmann 

Clarke 

Green 

McGuire 

Rinaker 

Wilson 

Coolley 

Hamill 

Mighell 

Shanahan 

Mr.  President 

Dawes 

Dryer 

Hogan 

Miller 

Shuey 

Yeas — 55 
Nays — 0 

Section  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 


The  question  then  being  on  the  adoption  of  section  7. 

Mr.  O’Brien  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  10. 

Amend  section  7,  by  striking  out  all  after  the  word  and  figure  “section 
7”*  and  inserting  in  lieu  thereof  the  following: 

“Taxes  on  income  shall  be  levied  and  collected  only  by  the  State;  and 
the  proceeds  thereof  in  each  county  shall  be  divided  between  the  State, 
the  county  and  all  taxing  authorities  within  the  county  in  the  same  ratio 
as  the  proceeds  of  taxes  on  real  estate  in  such  county  are  distributed. 

Mr.  Sutherland  offered  the  following  amendment  to  the  amendment 
and  moved  its  adoption : 


Amendment  No.  1  to  Amendment  No.  10. 

Amend  the  amendment  by  adding  after  the  word  “and”  in  line  2  the 
words  “after  deducting  cost  of  collection.” 

And  the  amendment  to  the  amendment  was  lost. 

Mr.  Kerrick  offered  the  following  amendment  to  the  amendment  and 
moved  its  adoption : 

Amendment  No.  2  to  Amendment  No.  10. 

Amend  the  amendment  by  striking  out  the  words  “taxes  on  real  estate” 
in  line  6,  and  inserting  in  lieu  thereof  the  words  “a  general  tax.” 

And  the  amendment  to  the  amendment  was  lost. 

Pending  consideration,  Mr.  Sutherland  moved  that  debate  be  now 
closed  and  that  the  Convention  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  Amendment  Yo.  10,  a 
division  of  the  Convention  was  had,  resulting  as  follows:  Yeas,  28; 
nays,  35. 

And  the  amendment  was  lost. 


1922.] 


CONSTITUTIONAL  CONVENTION.  ' 


513 


The  question  recurring  on  the  adoption  of  section  7,  a  call  of  the 


Those  voting  in  the 

affirmative  are: 

Messrs. 

Adams 

Dietz 

Hogan 

Mighell 

Shuey 

Barr 

Dryer 

Hollenbeck 

Miller 

Smith 

Beckman 

Dunlap 

Hull 

Mills 

Stahl 

Brandon 

Dupuy,  G.  A. 

Jack 

Moore 

Sutherland 

Brenholt 

Elting 

Jarman 

Nichols 

Taff 

Brewster 

Gale 

Johnson,  W.  A. 

Paddock 

Todd 

Carlstrom 

Garrett 

Kerrick 

Pinnell 

Torrance 

Catron 

Gilbert 

Lindly 

Quinn 

Trautmann 

Clarke 

Goodyear 

Mack 

Rinaker 

Wilson 

Coolley 

Dawes 

Gray 

Hamill 

McGuire 

Shanahan 

Mr.  President 
Yeas — 52 

Those  voting  in  the  negative  are  :  Messrs. 


Adamkiewicz  O’Brien 


Pincus 


Traeger 


Nays — 4. 


Section  7,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Mr.  Miller  gave  notice  that  on  the  next  Convention  Day,  he  would 
move  to  reconsider  the  vote  by  which  section  7,  was  adopted. 

At  the  hour  of  10  :45  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


—33  C  J 


514 


JOURNAL  OF  TIIE  * 


[Feb.  23, 


THURSDAY,  FEBRUARY  23,  1922,  9 :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Francis  H.  DeVol,  of  the  First 
Christian  Church,  of  Washburn. 

The  Journal  of  Tuesday,  February  21st,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr.  Stahl  moved  to  reconsider  the  vote  by  which  section  4,  of  the 
report  of  the  Special  Committee  on  Revenue,  was  adopted  on  yesterday 
and  that  consideration  of  the  motion  to  reconsider  be  postponed  until  the 
next  Convention  day. 

And  the  motion  prevailed. 

Mr.  Sutherland,  in  accordance  with  his  notice  of  yesterday,  moved 
to  reconsider  the  vote  by  which  section  2,  of  the  report  of  the  Special 
Committee  on  Revenue,  was  adopted  and  that  consideration  of  the  mo¬ 
tion  to  reconsider  be  postponed  until  the  next  Convention  day. 

And  the  motion  prevailed. 

Mr.  Miller,  in  accordance  with  his  notice  of  yesterday,  moved  to  re¬ 
consider  the  vote  by  which  section  7,  of  the  report  of  the  Special  Com¬ 
mittee  on  Revenuee,  was  adopted  and  that  consideration  of  the  motion 
to  reconsider  be  postponed  until  the  next  Convention  day. 

And  the  motion  prevailed. 

The  pending  question  at  the  hour  of  adjournment  on  yesterday,  be¬ 
ing  the  consideration  of  the  report  of  the  Special  Committee  on  Revenue, 
the  same  was  again  taken  up. 

And  the  question  being  on  the  adoption  of  section  8. 

Mr.  Clarke  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  11. 

Amend  section  8,  by  striking  out  after  the  word  “cemeteries”  in  line  6, 
the  words  “not  held  or  used  for  private  profit.” 

And  the  amendment  was  lost. 

Mr.  Stahl  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  12. 

Amend  section  8,  by  inserting  after  the  word  “value”  in  line  3  the  follow¬ 
ing:  “And,  in  the  event  that  the  general  tax  upon  income  authorized  in 
section  4,  is  imposed,  household  furniture  and  implements  of  agriculture,  or 
labor  used  as  such  without  limit  as  to  amount.” 

Mr.  Sutherland  offered  the  following  amendment  to  the  amendment 

and  moved  its  adoption : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


515 


Amendment  No.  1  to  Amendment  No.  12. 

Amend  the  amendment,  by  inserting  after  the  word  “labor”  the  words 
“or  profession.”  - 

And  the  amendment  to  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  Amendment  No.  12, 
offered  by  Mr.  Stahl,  a  division  was  had,  resulting  as  follows :  Yeas,  28 ; 
nays,  20. 

i/  /  _ 

And  the  amendment  was  adopted. 

Mr.  Traeger  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  13. 

Amend  section  8,  by  striking  out  in  line  8,  the  words  five  hundred 
dollars”  and  inserting  in  lieu  thereof  the  words  “one  thousand  dollars.” 

And  the  amendment  was  lost. 

Mr.  Lindly  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  14. 

Amend  section  8,  by  adding  at  the  end  thereof'the  following:  “E”  mort¬ 
gages  to  the  amount  of  $6,000  where  the  money  is  used  for  the  purpose  of 
building  individual  homes.” 

Pending  consideration,  Mr.  Coolley  offered  the  following  as  a  sub¬ 
stitute  for  Amendment  No.  11,  and  moved  its  adoption : 

“Amend  section  8,  by  adding  at  the  end  thereof  the  following:  “the 
amount  of  mortgage  on  an  individual  home  to  the  amount  of  $6,000  be  ex- 
emptedfrom  the  value  thereof  for  taxation.” 

And  the  substitute  for  Amendment  No.  14,  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  No.  14. 

It  was  decided  in  the  negative. 

Mr.  Mills  offered  the  following  amendment  and  moved  its  adoption : 


Amendment  No.  15. 

Amend  section  8,  by  adding  at  the  end  of  line  8,  after  the  word  “such” 
the  words  “but  all  said  real  estate  shall  be  subject  to  special  assessment,  or 
to  special  taxation  or  both.” 

Pending  consideration,  at  the  hour  of  11:05  o’clock  a.  m.,  Mr.  Jar¬ 
man  moved  that  the  Convention  do  now  adjourn  until  Tuesday,  February 
28,  1922,  at  10  :00  o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


516 


JOURNAL  OF  THE 


[Feb.  28, 


TUESDAY,  FEBRUARY  28,  1922,  10  :00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding.  ... 

Prayer  was  offered  by  the  Rev.  E.  T.  Carroll,  of  the  First  Methodis 

Church,  of  Greenville.  .  .  ,  ,  . 

The  Journal  of  Wednesday,  February  22nd,  having  been  printed  and 

placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  pending  question  at  the  hour  of  adjournment  on  Thursda), 
February  23rd,  being  the  consideration  of  Amendment  No.  15,  offered 
by  Mr.  Mills,  to  section  8  of  the  report  of  the  Special  Committee  on 

Revenue,  the  same  was  again  taken  up. 

Pending  consideration,  by  unanimous  consent,  Mr.  Mills,  withdrew 

Amendment  No.  15. 

Whereupon  Mr.  Miller  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  16. 

Amend  section  8  by  striking  out  the  words  “and  income”  after  the  woid 
“property”  in  line  4. 

Mr.  Sutherland  offered  the  following  as  a  substitute  for  Amendment 

No.  16,  and  moved  its  adoption: 

Amend  section  8  by  inserting  after  the  word  “and”  and  before  the  wo 
“income”  in  line  4,  a  comma  and  the  following  words  ‘  in  the  event  o  an 
income  tax  as  provided  in  section  4.”  ,  , 

Whereupon  Mr.  Green  moved  to  lay  the  substitute  on  the  table. 

The  question  being  on  the  motion  to  table,  it  was  decided  m  the 

The  question  recurring  on  the  adoption  of  Amendment  No.  16  a 
division  of  the  Convention  was  had,  resulting  as  follows:  Yeas,  3U, 

nays,  20. 

And  the  amendment  was  adopted.  .  , 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 

tion : 

Amendment  No.  17. 

Amend  section  8  by  striking  out  in  line  6,  the  following:  “(c)  Schools, 
and  Inserting  after  the  letter  “(e)”  and  before  the  word  charitable  m  li 

8,  the  word  “school.” 

And  the  amendment  wTas  adopted.  ,, 

At  the  hour  of  12  :50  o’clock  p.  m.,  Mr.  Jarman  moved  that  the 

Convention  do  now  take  a  recess  until  2  :00  o  clock  p.  m. 

And  the  motion  prevailed. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


517 


2:00  o’Clock  P.  M. 

The  hour  of  2  :00  o’clock  p.  m.,  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  section  8,  of  the  report  of  the  Special  Committee  on 
Revenue,  the  same  was  again  taken  up. 

Whereupon  Mr.  Jarman  offered  the  following  amendment  and  moved 
its  adoption: 

Amendment  No.  18. 

Amend  section  8  by  inserting  in  line  4  after  the  word  “property”  the 
following:  “and  in  the  event  that  the  general  tax  upon  income  authorized  in 
section  4  is  imposed,  income.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  17;  nays,  22. 

And  the  amendment  was  lost. 

Mr.  Catron  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  19. 

Amend  section  8  by  striking  out  the  word  “for”  in  line  4  and  inserting 
in  lieu  thereof  the  word  “by”  and  by  striking  out  the  word  “purposes”  in 
line  7  and  inserting  in  lieu  thereof  the  word  “societies.” 

And  the  amendment  was  lost. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  20. 

Amend  section  8  by  inserting  after  the  word  “imposed”  in  the  amend¬ 
ment  adopted  February  23rd,  the  following:  “such  personal  property  as  the 
General  Assembly  shall  prescribe,  including.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had  resulting  as  follows :  Yeas,  13 ;  nays,  28. 

And  the  amendment  was  lost. 

Mr.  Carlstrom  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  21. 

Amend  section  8  by  adding  in  line  5,  after  the  word  “societies”  the  words 
“not  organized  for  pecuniary  profit.” 

Pending  consideration,  Mr.  Hamill  offered  the  following  as  a  sub¬ 
stitute  for  Amendment  No.  21,  and  moved  its  adoption: 

Amend  section  8  by  striking  out  the  words  “agricultural  and  horti¬ 
cultural  societies.” 

And  the  substitute  for  Amendment  No.  21  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  No.  21  it 
was  decided  in  the  affirmative. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


518 


JOURNAL  OF  THE 


[Feb.  28, 


Amendment  No.  22. 

Amend  section  8  by  striking  out  the  last  clause  thereof  as  follows: 
“including  parsonages  owned  and  occupied  as  such. 

4nd  the  amendment  was  lost.  n 

Mr.  Green  moved  that  section  8,  as  amended,  be  now  recommitted 

to  the  Special  Committee  on  Eevenue  for  further  consideration. 

And  the  motion  prevailed.  >  ,  v--u 

Mr  Sutherland  called  up  his  motion  to  reconsider  the  vote  b}  whic 
section  2  of  the  Eeport  of  the  Special  Committee  on  Eevenue  was 
adopted  and  moved  that  consideration  be  further  postponed  until  the 

next  Convention  day.  ,  , , 

Whereupon  Mr.  Jarman  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in 

the  affirmative.  .  . 

Mr.  Jarman  thereupon  moved  that  the  motion  to  reconsider  the 

vote  by  which  section  2  was  adopted,  lie  on  the  table. 

And  the  motion  prevailed. 

Mr.  Stahl  called  up  his  motion  to  reconsider  the  vote  by  which 
section  4  of  the  Eeport  of  the  Special  Committee  on  Eevenue  was  adopted. 

And  the  question  being  on  the  motion  to  reconsider,  it  was  decided 
in  the  affirmative. 

Whereupon  Mr.  Stahl  offered  the  following  amendment  and  moved 
its  adoption: 

Amendment  No.  23. 


Amend  section  4  by  striking  out  the  words  “five  hundred”  in  line  4, 
and  inserting  in  lieu  thereof  the  words  “fifteen  hundred.” 

Pending  discussion,  by  unanimous  consent,  Mr.  Stahl  withdrew 

Amendment  X o.  23. 

Mr.  Trautmann  offered  the  following  amendment  and  moved  its 
adoption : 

Amendment  No.  24. 


Amend  section  4  by  striking  out  all  of  the  second  sentence  and  inserting 
in  lieu  thereof  the  following:  “An  exemption  or  deduction  may  he  allowed 
for  living  expense  fj-om  income  derived  from  personal  service.” 

Pending  discussion,  by  unanimous  consent,  Mr.  Trautmann  with¬ 
drew  Amendment  Xo.  24. 

Mr.  W.  A.  Johnson  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  25. 

Amend  section  4,  by  striking  out  all  of  the  second  sentence  and  inserting 
in  lieu  thereof  the  following:  “An  exemption  not  to  exceed  $1,000.00  may 
be  allowed  to  the  head  of  a  family  and  not  to  exceed  $500.00  to  any  other 
person  from  income  derived  from  personal  service.  No  exemption  shall  be 
allowed  from  income  derived  from  any  other  source. 

Mr.  Jack  offered  the  following  amendment  to  the  amendment  and 
moved  its  adoption : 


192-2.] 


CONSTITUTIONAL  CONVENTION. 


519 


Amendment  No.  1  to  Amendment  No.  25. 

Amend  the  amendment  by  striking  out  the  figures  $1,000.00  and  insert 
in  lieu  thereof  the  figures  $1,500.00. 

And  the  amendment  to  the  amendment  was  lost. 

Pending  discussion,  by  unanimous  consent,  Mr.  Johnson  withdrew 

Amendment  Yo.  25. 

Mr.  Dawes  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  26. 

Amend  section  4  by  striking  out  the  words  “five .  \un*^  toYjYon 
line  4  and  inserting  in  lieu  thereof  the  following:  (a)  $500 1  to  a  P< e  so 

not  the  head  of  a  family  whose  total  net  income  is  less  than  $1,000,  a 
(b)  $1,000  to  a  person  the  head  of  a  family  whose  total  net  income  is  es» 

than  $2,000.”  .  .  » 

The  question  being  on  the  adoption  of  the  amendment,  a  division  oi 

the  Convention  was  had,  resulting  as  follows:  Yeas,  12;  nays,  43. 

And  the  amendment  was  lost. 

Mr.  W.  A.  Johnson  thereupon  re-offered  Amendment  No.  2o,  and 
moved  its  adoption. 

And  the  question  being  on  the  adoption  of  the  amendment,  a  di¬ 
vision  of  the  Convention  was  had,  resulting  as  follows:  Yeas,  33; 

nays,  24. 

And  the  amendment  was  adopted. 

Mr.  Trautmann  thereupon  re-offered  Amendment  Yo.  24,  and  moved 

its  adoption.  .  9 

And  the  question  being  on  the  adoption  of  the  amendment,  it  was 

decided  in  the  negative. 

Mr.  Jarman  moved  that  section  4,  as  amended,  be  adopted. 

And  on  that  motion,  a  call  of  the  roll  was  had,  resulting  as  follows : 

Yeas,  52;  nays,  6. 


Those  voting  in  the  affirmative  are : 


Adams 
Barr 
Brenholt 
Brewster 
Carlstrom 
Catron 
Chew 
Clarke 
Corlett 
Cruden 
Cutting 


Davis 

Dawes 

De  Young 

Dupuy,  G.  A. 

Elting 

Fyke 

Gale 

Gee 

Gilbert 
Goodyear 
Gray 


Green 

Hamill 

Hogan 

Hollenbeck 

Hull 

Ireland 

Jack 

Jarman 

Johnson,  L.  C. 

Johnson,  W.  A. 


Messrs. 

Lindly 

Mack 

Meinert 

Mighell 

Miller 

Mills 

Moore 

Nichols 

Paddock 

Pinnell 


Rinaker 

Shanahan 

Shuey 

Six 

Smith 

Stahl 

Sutherland 

Taft 

Trautmann 
Mr.  President 

Yeas — 52. 


Those  voting  in  the  negative  are :  Messrs. 


Iarussi 


Pincus 


Todd 


Wfison 


Nays — 6. 


Brandon 

Dunlap  , 

Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

4t  the  hour  of  6:25  o’clock  p.  m.,  Mr.  Trautmann  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


520 


JOURNAL  OF  THE 


[Mar.  1, 


WEDNESDAY,  MARCH  1,  1922,  10:00  O'CLOCK  A.  M. 

*  » 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  E.  T.  Carroll,  of  the  First  Methodist 
Church,  of  Greenville. 

The  Journal  of  Thursday,  February  23d,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr.  J arman,  from  the  Special  Committee  on  Revenue,  to  which  was 
recommitted  on  yesterday  section  8  of  their  special  report,  submitted 
the  following  report  and  moved  that  it  be  received  by  the  Convention, 
and  substituted  for  section  8  of  the  committee’s  former  report : 

Committee  Report. 

Section  8.  The  following  classes  of  property  and  the  income  therefrom 
may  be  relieved  by  general  law  from  taxation:  (1)  Public  property;  (2) 
household  furniture  used  as  such  up  to  five  hundred  dollars  in  value;  (3) 
parsonages  owned  and  used  as  such;  (4)  property  used  exclusively  for  (a) 
agricultural  and  horticultural  societies  not  organized  for  pecuniary  profit, 
(b)  incorporated  societies  of  war  veterans,  (c)  cemeteries  not  held  for 
private  profit,  and  (d)  school,  charitable  or  religious  purposes;  (5)  if  a 
general  income  tax  is  imposed  as  authorized  in  section  four  of  this  article, 
household  furniture  and  implements  of  agriculture  or  labor  used  as  such 
without  limit  as  to  amount. 

The  question  being  on  the  adoption  of  the  report  of  the  special 
committee. 

It  was  decided  in  the  affirmative. 

And  the  report  was  placed  before  the  Convention  for  its  consider¬ 
ation  in  lieu  of  section  8  contained  in  the  former  report  of  the  Special 
Committee  on  Revenue. 

Pending  consideration,  Mr.  Mighell  offered  the  following  amend¬ 
ment  and  moved  its  adoption : 

Amendment  No.  27. 

Amend  section  8  by  inserting  after  the  word  “exclusively”  in  line  5,  the 
following  words  “directly  and  not  as  an  endowment.” 

And  the  amendment  was  lost. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  28. 

Amend  section  8  by  striking  out  the  words  “without  limit  as  to  amount” 
after  the  word  “such”  in  the  last  line  thereof,  and  by  inserting  in  lieu  thereof 
the  following,  “in  such  amount  as  the  General  Assembly  may  determine.” 

And  the  amendment  was  lost. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


521 


The  question  then  being  on  the  adoption  of  section  8,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  60 ;  nays,  4. 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Dawes 

Green 

Dill 

Potts 

Barr 

De  Young 

Hogan 

Lindly 

Rosenberg 

Brandon 

Dunlap 

Hollenbeck 

Mack 

Shanahan 

Brenholt 

Dupuy,  G.  A. 

Hull 

Meinert 

Shuey 

Brewster 

Elting 

Iarussi 

Miller 

Six 

Carlstrom 

Fyke 

Ireland 

Mills 

Smith 

Catron 

Gale 

Jack 

Moore 

Stahl 

Clarke 

Ganschow 

Jarman 

Morris 

Sutherland 

Corlett 

Gee 

Johnson,  L.  C. 

Nichols 

Taff 

Cruden 

Gilbert 

Johnson,  W.  A. 

Paddock 

Todd 

Cutting 

Goodyear 

Kerrick 

Pincus 

Trautmann 

Davis 

Gray 

Kunde 

Pinnell 

Mr.  President 

Yeas — 60 

Those 

voting  in  the  negative  are : 

Messrs. 

Hamill 

Mighell 

Rinaker 

Wilson 

Nays — 4 

Section  8,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

Mr.  Jarman  moved  to  reconsider  the  vote  by  which  section  8  was 
adopted. 

Whereupon  Mr.  Sutherland  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in 
the  affirmative. 

Mr.  Jarman,  by  unanimous  consent,  moved  to  recall  section  7  from 
the  Committee  on  Phraseology  and  Style. 

And  the  motion  prevailed. 

Mr.  Jarman,  by  unanimous  consent,  moved  to  reconsider  the  vote 
by  which  section  7  was,  on  February  2 2d,  adopted. 

And  the  motion  prevailed. 

Mr.  Jarman  thereupon  reported  the  following  as  a  substitute  for 
section  7  and  moved  that  consideration  of  the  same  be  postponed  until 
the  afternoon  session : 


Committee  Report. 

Section  7.  Taxes  on  incomes  shall  be  levied  and  collected  only  by  the 
State.  The  revenue  raised  on  any  income  tax  imposed  under  section  four  of 
this  article  shall  be  apportioned  to  the  State  and  to  the  taxing  bodies  as  the 
General  Assembly  shall  prescribe.  Of  the  revenue  raised  under  any  income 
tax  imposed  under  section  three  of  this  article  there  shall  be  used  for  State 
purposes  the  same  percentage  as  is  used  from  the  total  revenue  from  taxes 
by  valuation  and  the  residue  shall  be  returned  to  the  respective  counties 
from  which  it  was  collected  to  be  distributed  among  the  taxing  bodies  thereof 
according  to  the  general  law. 

And  the  motion  to  postpone  prevailed. 

The  Convention  now  proceeding  upon  the  consideration  of  section 
5,  of  the  report  of  the  Committee  on  Phraseology  and  Style,  the  same 
was  taken  up  and  read  at  large. 

Whereupon  Mr.  Gale  offered  the  following  amendment  and  moved 
its  adoption : 


522 


JOURNAL  OF  THE 


[Mar.  1, 


Amendment  No.  29. 

Amend  section  5  by  striking  out  all  tbe  words  prior  to  the  word  “except" 
in  tbe  third  line  thereof  and  inserting  the  words,  “The  General  Assembly 
shall  have  power  to  provide  for  the  collection  of  all  taxes  and  special  assess¬ 
ments,  but  no  owner  of  real  estate  shall  be  divested  of  title  thereto." 

Mr.  Hamill  offered  the  following  as  a  substitute  for  the  amendment 
of  Mr.  Gale  and  for  the  remainder  of  the  first  sentence : 

“The  legislature  shall  have  power  to  provide  for  the  collection  of  all 
taxes  and  special  assessments;  but  no  owner  of  real  estate  shall  be  divested 
of  title  thereto  because  of  delinquent  taxes,  special  taxes  or  special  assess¬ 
ments,  except  upon  the  judgment  of  a  court  of  record,  after  notice  by  the 
County  Treasurer  to  the  owner  or  agent  thereof  and  a  redemption  period  of 
two  years  from  the  date  of  said  judgment  shall  be  allowed  to  the  owner  or 
other  parties  interested  in  such  real  estate. 

The  question  being  on  the  adoption  of  the  substitute,  it  was  decided 
in  the  affirmative. 

Mr.  Gale  offered  the  following  amendment  and  moved  its  adoption: 

Amendment  No.  30. 

Amend  section  5  by  striking  out  the  word  “such"  in  line  7,  and  inserting 
in  lieu  thereof  the  word  “any.” 

And  the  amendment  was  adopted. 

Pending  discussion  Mr.  Todd  moved  that  further  consideration  of 
section  5  be  postponed. 

And  the  motion  was  lost. 

Mr.  Gale  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  31. 

Amend  section  5  by  inserting  in  lieu  of  the  last  clause  thereof  the  follow¬ 
ing,  “But  after  such  period  of  redemption  has  expired  the  General  Assembly 
may  provide  for  enforcing  the  lien  of  such  taxes  or  assessments  by  a  proceed¬ 
ing  in  the  nature  of  a  foreclosure  in  equity  wherein  the  rights  of  all  inter¬ 
ested  parties  may  be  adjudicated." 

And  the  amendment  was  adopted. 

Mr.  Green  offered  the  following  as  a  substitute  for  section  5  and 
moved  its  adoption: 

Section  5.  No  owner  of  real  estate  shall  be  divested  of  title  thereto  for 
default  in  payment  of  taxes  or  assessments,  except  (1)  upon  sale  by  the 
County  Treasurer,  or  (2)  by  forfeiture  to  the  State,  in  either  case  being 
pursuant  to  judgment  of  a  court  of  record  after  notice,  as  provided  by  law; 
not  less  than  two  years  shall  be  allowed  to  redeem  from  such  sale  or  for¬ 
feiture;  but  the  rights  of  all  interested  parties  may  be  enforced  by  proceed¬ 
ings  in  equity. 

Pending  discussion,  at  the  hour  of  12  :25  o’clock  p.  m.,  Mr.  Suther¬ 
land  moved  that  the  Convention  do  now  take  a  recess  until  3 :00 
o’clock  p.  m. 

And  the  motion  prevailed. 

3  :00  o’Clock  P.  M. 

The  hour  of  3  :00  o’clock  p.  m.,  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 


1922,] 


CONSTITUTIONAL  CONVENTION. 


523 


The  consideration  of  section  7,  as  reported  by  the  Special  Committee 
on  Eevenue,  having  been  postponed  until  this  hour,  was  again  taken  up. 

Whereupon  Mr.  Jarman  moved  that  the  report  of  the  committee  be 
substituted  for  section  7  of  its  former  report. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  section  7,  as  so  sub¬ 
stituted,  a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  60 ; 

nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

De  Young 

Hogan 

Meinert 

Shanahan 

Barr 

Dupuy,  G. 

A.  Hollenbeck 

Mighell 

Shuey 

Brandon 

Elting 

Hull 

Mills 

Six 

Brenholt 

Fyke 

Iarussi 

Moore 

Smith 

Brewster 

Gale 

Ireland 

Morris 

Stahl 

Carlstrom 

Ganschow 

Jack 

Nichols 

Sutherland 

Catron 

Gee 

Jarman 

Paddock 

Taff 

Clarke 

Gilbert 

Johnson,  L.  C. 

Pincus 

Todd 

Corlett 

Goodyear 

Kerrick 

Pinnell 

Trautmann 

Cruden 

Gray 

Kunde 

Potts 

Wilson 

Cutting 

Green 

Lindly 

Rinaker 

Mr.  President 

Davis 

Dawes 

Hamill 

Mack 

Rosenberg 

Yeas — 60. 
Nays — 0. 

Section  7,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

Mr.  Jarman  moved  to  reconsider  the  vote  by  which  section  7  was 
adopted. 

Whereupon  Mr.  Taff  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in 

the  affirmative. 

The  pending  question  at  the  hour  of  taking  a  recess  being  the  sub¬ 
stitute  for  section  5,  offered  by  Mr.  Green,  the  same  was  again  taken  up. 

Whereupon,  by  unanimous  consent,  Mr.  Green  withdrew  his  sub¬ 
stitute. 

Mr.  Gale  thereupon  offered  the  following  as  a  substitute  for  section 
5  and  moved  its  adoption: 

Section  5.  No  owner  of  real  estate  shall  be  divested  of  title  thereto  for 
default  in  payment  of  general  or  special  taxes  or  assessments,  except  (1) 
upon  sale  by  the  County  Treasurer,  or  (2)  by  forfeiture  to  the  State,  in 
either  case  only  after  judgment  of  a  court  of  record  after  notice,  as  provided 
by  law;  not  less  than  two  years  shall  be  allowed  to  redeem  from  such  sale 
or  forfeiture;  after  such  period  of  redemption  the  rights  under  such  sale  or 
forfeiture  may  be  enforced  by  a  proceeding  in  equity. 

#  Pending  consideration  Mr.  Green  moved  that  the  substitute  and 
subject  matter  in  connection  with  section  5,  be  laid  on  the  table. 

And  the  question  being  on  the  motion  to  table,  a  division  of  the 
Convention  was  had,  resulting  as  follows:  Yeas,  26;  nays,  27. 

And  the  motion  to  table  was  lost. 

.  The  question  recurring  on  the  adoption  of  the  substitute,  it  was 
decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  section  5,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  55;  nays,  8. 


524 


journal  of  the  [Mar.  1, 


Those 

voting  in  the  affirmative  are 

:  Messrs. 

Adams 

Davis 

Gilbert 

Johnson,  W.  A. 

Pinnell 

Barr 

Dawes 

Goodyear 

Kerrick 

Rinaker 

Brandon 

De  Young 

Gray 

Lindly 

Shanahan 

Brenholt 

Dryer 

Green 

Mack 

Shuey 

Brewster 

Dunlap 

Hogan 

Meinert 

Six 

Carlstrom 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Smith 

Catron 

Elting 

Hull 

Mills 

Stahl 

Clarke 

Fyke 

Ireland 

Moore 

Taft 

Corlett 

Gale 

Jack 

Morris 

Todd 

Cruden 

Ganschow 

Jarman 

Nichols 

Trautmann 

Cutting 

Gee 

Johnson,  L.  C. 

Paddock 

Mr.  President 
Yeas — 5 

Those 

voting  in  the  negative  are : 

Messrs. 

Hamill 

Kunde 

Potts 

Sutherland 

Wilson 

Iarussi 

Pincus 

Rosenberg 

Nays — ! 

Section  5,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  6,  of  the  report  of  the  Committee  on  Phraseology  and  Style, 


was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had,  resulting 

as 

follows :  Yeas, 

63 ;  nays,  0. 

Those  voting  in  the 

affirmative  are: 

Messrs. 

Adams 

De  Young 

Hamill 

Mack 

Shanahan 

Barr 

Dryer 

Hogan 

Meinert 

Shuey 

Brandon 

Dunlap 

Hollenbeck 

Mighell 

Six 

Brenholt 

Dupuy,  G. 

A. 

Hull 

Mills 

Smith 

Brewster 

Elting 

Iarussi 

Moore 

Stahl 

Carlstrom 

Fyke 

Ireland 

Morris 

Sutherland 

Catron 

Gale 

Jack 

Nichols 

Taff 

Clarke 

Ganschow 

Jarman 

Paddock 

Todd 

Corlett 

Gee 

Johnson,  L.  C. 

Pincus 

Trautmann 

Cruden 

Gilbert 

Johnson,  W.  A. 

Pinnell 

Wilson 

Cutting 

Goodyear 

Kerrick 

Potts 

Mr.  President 

Davis 

Gray 

Kunde 

Rinaker 

Yeas — 6: 

Dawes 

Green 

Lindly 

Rosenberg 

Nays — i 

Section  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseolog}r  and  Style  for  action  as  provided  by  Rule  20. 

Section  7,  of  the  report  of  the  Committee  on  Phraseology  and  Style, 
was  taken  up  and  read  at  large. 

Whereupon  Mr.  Gale  offered  as  a  substitute  section  6  of  the  report 
of  the  Committee  on  Revenue,  Taxation  and  Finance  in  Proposal  No. 
378,  as  corrected,  as  follows: 

“The  General  Assembly  may  vest  the  corporate  authorities  of  cities, 
towns,  villages  and  park  districts,  with  power  to  make  local  improvements 
hy  special  assessment,  by  special  taxation  of  contiguous  property,  or  other¬ 
wise.” 

Mr.  Jarman  offered  the  following  amendment  to  the  substitute  and 
moved  its  adoption : 

Amend  the  substitute  by  striking  out,  in  the  last  line,  the  words  “of 
contiguous  property,  or  otherwise,”  and  inserting  in  lieu  thereof  the  words 
“of  property  which  is  specially  and  particularly  benefited  thereby,  whether 
or  not  such  property  abuts  upon  such  improvements.” 

And  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  the  substitute  for  sec¬ 
tion  7. 

It  was  decided  in  the  affirmative. 

Mr.  Clarke  offered  the  following  amendment  and  moved  its  adoption : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


525 


Amendment  No.  32. 

Amend  section  7,  as  amended,  by  adding  after  the  word  “districts,”  in 
line  2,  the  words,  “jointly  or  severally.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  7,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  62 ;  nays,  0. 
Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

De  Young 

Hamill 

Meinert 

Shanahan 

Barr 

Dryer 

Hogan 

Mighell 

Shuey 

Brandon 

Dunlap 

Hollenbeck 

Mills 

Six 

Brenholt 

Dupuy,  G.  A. 

Hull 

Moore 

Smith 

Brewster 

Ellting 

Iarussi 

Morris 

Stahl 

Carlstrom 

Fyke 

Ireland 

Nichols 

Sutherland 

Catron 

Gale 

Jack 

Paddock 

Taff 

Clarke 

Ganschow 

Jarman 

Pincus 

Todd 

Corlett 

Gee 

Johnson,  B.  C. 

Pinnell 

Trautmann 

Cruden 

Gilbert 

Kerrick 

Potts 

Wilson 

Cutting 

Goodyear 

Kunde 

Rinaker 

Mr.  President 

Davis 

Gray 

Lindly 

Rosenberg 

Yeas — 62. 

Dawes 

Green 

Mack 

Nays — 0. 

Section  7,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Mr.  Sutherland  gave  notice  that  on  the  next  Convention  day  he 
would  move  to  reconsider  the  vote  by  which  section  7  was  adopted. 

Section  8,  of  the  report  of  the  Committee  on  Phraseology  any  Style, 


was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was 

had,  resulting  as 

follows:  Yeas, 

62;  nays,  0. 

Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

De  Young 

Hamill 

Mack 

Shanahan 

Barr 

Dryer 

Hogan 

Meinert 

Shuey 

Brandon 

Dunlap 

Hollenbeck 

Mighell 

Six 

Brenholt 

Dupuy,  G.  A. 

Hull 

Mills 

Smith 

Brewster 

Elting 

Iarussi 

Moore 

Stahl 

Carlstrom 

F*yke 

Ireland 

Morris 

Sutherland 

Catron 

Gale 

Jack 

Nichols 

Taff 

Clarke 

Ganschow 

Jannan 

Paddock 

Todd 

Corlett 

Gee 

Johnson,  B.  C. 

Pincus 

Trautmann 

Cruden 

Gilbert 

Johnson,  W.  A. 

Pinnell 

Wilson 

Cutting 

Goodyear 

Kerrick 

Rinaker 

Mr.  President 

Davis 

Gray 

Kunde 

Rosenberg 

Yeas — 62. 

Dawes 

Green 

Bindly 

Nays — 0. 

Section  8,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Mr.  Sutherland  gave  notice  that  on  the  next  Convention  day  he 
would  move  to  reconsider  the  vote  by  which  section  8  was  adopted. 

Section  9,  of  the  report  of  the  Committee  on  Phraseology  and  Style, 
was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  as  a  substitute  for  sec¬ 
tion  9  and  moved  its  adoption : 

Section  9.  Except  as  otherwise  provided  in  this  article  no  county,  town¬ 
ship,  school  district  or  other  municipal  corporation  shall  become  indebted  in 
the  aggregate,  including  its  existing  debt,  to  an  amount  exceeding  5%  of  the 
value  of  the  taxable  property  therein  as  ascertained  by  the  last  assessment 
for  State  and  county  taxes  previous  to  incurring  the  debt.  (Except  as  other¬ 
wise  provided  in  this  article).  The  corporate  body  incurring  any  such  debt 
shall  before  or  at  the  time  of  doing  so  provide  for  the  collection  of  a  direct 


526 


JOURNAL  OF  THE 


[Mar.  1, 


annual  tax  sufficient  to  pay  the  interest  on  the  debt  and  to  pay  the  principal 
thereof  in  substantially  equal  annual  installments  within  twenty  years,  but 
provision  may  be  made  for  the  payment  of  any  part  of  such  debt  in  advance. 

The  question  being  on  the  adoption  of  the  substitute,  it  was  decided 
in  the  affirmative. 

Mr.  Gilbert  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  33. 

Amend  section  9,  as  amended,  by  striking  out  the  rest  of  the  sentence 
following  the  word  “years”  in  next  to  the  last  line. 

And  the  amendment  was  lost. 

Mr.  Gee  offered  the  following  amendment  and  moved  its  adoption: 


Amendment  No.  34. 

Amend  section  9,  as  amended,  by  striking  out  after  the  word  “debt”  the 
words,  “Except  as  otherwise  provided  in  this  article.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  3d;  nays,  20. 

And  the  amendment  was  adopted. 

Mr.  Gilbert  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  35. 

Amend  section  9,  as  amended,  by  striking  out  in  the  last  line  the  words, 
“in  advance,”  and  inserting  in  lieu  thereof  the  words,  “before  maturity.” 

And  the  amendment  was  adopted. 

Mr.  DeYoung  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  36. 

Amend  section  9,  as  amended,  by  striking  out  the  words,  “in  substan¬ 
tially  equal  annual  installments.” 

And  the  amendment  was  lost. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  37. 

Amend  section  9,  as  amended,  by  striking  out  in  the  first  line  the  words, 
“Except  as  otherwise  provided  in  this  article.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  35;  nays,  21. 
And  the  amendment  was  adopted. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 


•  Amendment  No.  38. 

Amend  section  9,  as  amended,  by  inserting  after  the  figure  “5%”  in  line 
3,  the  following,  “(Or  5 in  the  event  that  the  tax  upon  income  from 
intangibles  is  imposed  as  provided  in  section  3  of  this  article.)” 

And  the  amendment  was  lost. 


CONSTITUTIONAL  CONTENTION. 


527 


Mr.  Rinaker  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  39. 

Amend  section  9,  as  amended,  by  striking  out  the  words  “in  substantially 
equal  annual  installments.” 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  9,  as  amended,  a 


Adams 

Barr 

Brandon 

Brenholt 

Brewster 

Carlstrom 

Catron 

Clarke 

Corlett 

Cruden 

Cutting 

Davis 

Dawes 


oting  in  the  affirmative  are : 

Messrs. 

Dryer 

Hamill 

Mack 

Dunlap 

Hogan 

Meinert 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Elting 

Hull 

Mills 

Fyke 

Iarussi 

Moore 

Gale 

Ireland 

Morris 

Ganschow 

Jack 

Nichols 

Gee 

Jarman 

Paddock 

Gilbert 

Johnson,  W.  A. 

Pincus 

Goodyear 

Kerri  ck 

Pinnell 

Gray 

Kunae 

Potts 

Green 

Lindly 

Rinaker 

Rosenberg 

Shanahan 

Shuey 

Six 

Smith 

Stahl 

Sutherland 

Taft 

Todd 

Trautmann 

Wilson 

Mr.  President 

Yeas — 61. 


Those  voting  in  the  negative  are :  Mr. 

De  Young  ^  Xay^ _ l 

Section  9,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

At  the  hour  of  6  :00  o’clock  p.  m.  Mr.  Shanahan  moved  that  the 
Convention  do  now  take  a  recess  until  8:00  o’clock  p.  m. 

And  the  motion  prevailed. 


8  :00  o  Clock  P.  M. 

The  hour  of  8  .00  o  clock  p.  m.  having  arrived  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

Section  10,  of  the  report  of  the  Committee  on  Phraseologv  and  Style 
was  taken  up  and  read  at  large.  °  ’ 

Whereupon  Mr.  Hull  offered  the  following  as  a  substitute  for  sec- 
tion  10  and  moved  its  adoption: 

j.  Secti°n  3.0.  Cities  may  be  authorized  by  law  to  issue  bonds  (in  addition 
to  any  debt  otherwise  permitted  by  this  Constitution)  up  to  15  per  cent 
ot  the  lull  value  of  the  taxable  real  property  therein  as  ascertained  by  the 

f0r  ^StKte  and  county  taxes  previous  to  the  issuance  of  such 
at  any  su.ch  b9nds  ma>r  be  issued  only  for  acquiring,  leasing,  con¬ 
structing  or  operating  income-producing  property  for  supplying  transporta¬ 
tion,  communication,  light,  heat,  power  or  water.  At  or  before  the  time  of 
issuing  any  such  bonds  the  city  shall  provide  for  the  collection  of  a  direct 
annual  tax  sufficient  to  pay  the  interest  thereon  and  the  principal  thereof 
within  thirty  years.  Unless  otherwise  provided  in  the  ordinance  authorizing 
the  issuance  of  any  bonds  for  financing  any  such  income  producing  public 

of 1  this  Saction°ndS  S 1311  bG  held  t0  be  issued  under  the  foregoing  provisions 

Alif  Clty  bavin§  issued  bonds  under  the  provisions  of  this  section  shall 
thereafter,  at  least  four  months  before  any  tax  for  the  payment  of  the  prin¬ 
cipal  and  interest  of  any  such  bonds  or  for  the  payment  of  the  principal  and 


5  28 


JOURNAL  OF  THE 


I  Mar.  1 , 

i_  y 


interest  or  any  other  indebtedness  incurred  for  financing  the  same  utility 
becomes  collectible  by  law,  deposit  with  its  treasurer,  out  of  the  gross  earn¬ 
ings  of  the  utility  for  financing  which  the  debt  to  be  discharged  by  any  such 
tax  was  incurred,  a  sum  equal  in  amount  to  such  tax.  The  money  so  de¬ 
posited  shall  be  used  only  to  pay  such  principal  and  interest.  To  the  extent 
that  such  funds  are  deposited  prior  to  the  collection  of  any  such  tax  it 
shall  not  be  collected. 

Any  city  having  issued  bonds  under  the  provisions  of  this  section  shall 
thereafter  establish  and  maintain  such  rates  or  charges  for  the  service  sup¬ 
plied  as  may  be  necessary  to  provide  at  least  sufficient  revenue  to  pay  (a) 
the  principal  and  interest  of  all  outstanding  bonded  or  other  indebtedness 
incurred  for  financing  such  utility,  and  (b)  the  cost  and  expense  involved 
in  or  incidental  to  the  ownership,  operation  and  maintenance  of  such  utility, 
including  reserves  for  repairs  and  renewals  necessary  to  maintain  the  prop¬ 
erties  in  first  class  condition. 

Any  taxpayer  of  a  city  shall  have  the  right  (which  shall  not  be  exclusive 
in  him)  to  enforce  the  provisions  of  this  section  by  appropriate  proceedings 
in  the  Circuit  Court  of  the  county.  Such  courts  shall  enforce  these  pro¬ 
visions  and  for  such  purpose  shall  have  all  necessary  powers  including  the 
power  to  regulate  the  service  supplied-  by  any  such  utility. 

The  question  being  on  the  adoption  of  the  substitute,  it  was  decided 
in  the  affirmative. 

Mr.  Kerrick  otfered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  40. 

Amend  section  10,  as  amended,  by  inserting  after  the  wmrd  “cities”  in 
line  one,  the  words,  “having  a  population  of  more  than  500.000.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  18;  nays,  34. 

And  the  amendment  was  lost. 

Mr.  Gale  offered  the  following  amendment  and  moved  its  adoption : 


Amendment  No.  41. 


Amend  section  10,  as  amended,  by  inserting  after  the  word  “cities”  in 
line  one,  the  following  words,  “having  a  population  of  more  than  100,000.” 


And  the  amendment  was  lost. 


The  question  then  being  on  the  adoption  of  section  10,  as  amended, 


a  call  of  the  roll  was  had, 

resulting 

as  follows:  Yeas, 

33;  nays,  25. 

Those 

voting  in  the  affirmativ 

e  are:  Messrs. 

Brandon 

De  Young 

Hull 

Mighell 

Six 

Brenholt 

Elting 

Iarussi 

Pincus 

Smith 

Catron 

Ganschow 

Ireland 

Pinnell 

Stahl 

Clarke 

Gray 

Jack 

Potts 

Sutherland 

Cruden 

Green 

Jarman 

Rosenberg 

Todd 

Davis 

Hamill 

Kunde 

Shanahan 

Trautmann 

Dawes 

Hogan 

Meinert 

Yeas- 

Those 

Adams 

Barr 

Brewster 

Carlstrom 

Corlett 


voting  in  the  negative  are :  Messrs. 


Cutting  Goodyear  Mack 

Dryer  Hollenbeck  Mills 

Dupuy,  G.  A.  Johnson,  W.  A.  Moore 
Fyke  Kerrick  Morris 

Gilbert  Lindly  Nichols 


Paddock 

STiuey 

Taff 

Wilson 

Mr.  President 

Nays — 25. 


Section  10,  having  failed  to  receive  the  votes  of  a  majority  of  the 
Delegates  elected,  was  declared  lost. 

Mr.  Carlstrom  gave  notice  that  on  the  next  Convention  day  he  would 
move  to  reconsider  the  vote  by  which  section  10  had  failed  to  pass. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


529 


Section  11,  of  the  report  of  the  Committee  on  Phraseology  and  Style, 
was  taken  np  and  read  at  large. 

Whereupon  Mr.  Hull  offered  the  following  as  a  substitute  for  section 
11  and  moved  its  adoption: 

Section  11.  Each  issue  of  bonds  or  other  securities  by  a  city  for  financ¬ 
ing  any  income-producing  public  utility  shall  be  payable  in  substantially 
equal  annual  installments  of  principal  and  interest  combined  beginning  not 
more  than  five  years  from  the  date  thereof,  but  provision  may  be  made  for 
the  payment  of  any  part  of  such  debt  in  advance.  No  such  bonds  or  other 
securities  shall  be  issued  unless  the  proposition  therefor  is  approved  at  an 
election  by  three-fifths  of  those  voting  on  the  question. 

Any  city  owning  or  operating  a  public  utility  shall  conform  to  the 
requirements  for  keeping  account  and  for  the  audit  thereof  and  for  making 
reports  that  may  be  prescribed  by  law  for  a  like  utility  privately  owned. 

Laws  may  be  passed  in  aid  of  this  and  the  preceding  section. 

The  question  being  on  the  adoption  of  the  substitute,  it  was  decided 

in  the  affirmative. 

Pending  discussion  Mr.  Hull  moved  that  further  consideration  of 
section  11,  as  amended,  be  postponed. 

And  the  motion  prevailed. 

At  the  hour  of  9  :55  o’clock  p.  m.  Mr.  Trautmann  moved  that  the 
Convention  do  now  adjourn  until  9  :00  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


-  u  J 


530 


JOURNAL  OF  THE 


[Mar.  2, 


THURSDAY,  MARCH  2,  1922,  9  :00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  E.  T.  Carroll,  of  the  First  Methodist 
Church,  of  Greenville. 

The  Journal  of  Tuesday,  February  28th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up,  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr.  Sutherland,  in  accordance  with  his  notice  of  yesterday,  moved 
to  reconsider  the  vote  by  which  section  7,  of  the  report  of  the  Committee 
on  Phraseology  and  Style,  was  adopted  and  that  further  consideration 
of  the  motion  to  reconsider  be  postponed  until  the  next  Convention  day. 

And  the  motion  prevailed. 

Mr.  Sutherland,  in  accordance  with  his  notice  of  yesterday,  moved 
to  reconsider  the  vote  by  which  section  8,  of  the  report  of  the  Committee 
on  Phraseology  and  Style,  was  adopted  and  that  further  consideration 
of  the  motion  to  reconsider  be  postponed  until  the  next  Convention  day. 

And  the  motion  prevailed. 

Mr.  Barr  stated  that  on  yesterday  Mr.  Carlstrom  gave  notice  that 
on  the  next  Convention  day  he  would  move  to  reconsider  the  vote  b}r 
which  section  10  had  failed  to  pass;  that  Mr.  Carlstrom  was  absent, 
and  having  himself  voted  with  the  prevailing  side,  moved  that  the  vote 
by  which  section  10  had  failed  to  pass  be  reconsidered  and  that  further 
consideration  of  the  motion  to  reconsider  be  postponed  until  the  next 
Convention  day. 

And  the  motion  prevailed. 

The  next  order  of  business  being  the  consideration  of  Report  jSTo. 
10,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Pre¬ 
amble,  the  same  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  report  of  the  com¬ 
mittee,  a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  56  ;  nays,  0. 


Those 

voting  in  the  affirmative  are: 

Messrs. 

Adams 

Fyke 

Iarussi 

Mills 

Shuey 

Barr 

Gale 

Ireland 

Moore 

Six 

Brandon 

Ganschow 

Jack 

Morris 

Smith 

Brewster 

Gee 

Jarman 

Nichols 

Stahl 

Carlstrom 

Gilbert 

Johnson,  W.  A. 

Paddock 

Sutherland 

Catron 

Goodyear 

Kerrick 

Pincus 

Taf£ 

Clarke 

Gray 

Kunde 

Pinnell 

Todd 

Corlett 

Green 

Lindly 

Potts 

Traeger 

Cutting 

Hamill 

Mack 

Rinaker 

Wilson 

Dawes 

Hogan 

Meinert 

Rosenberg 

Mr.  President 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Shanahan 

Yeas — 5 

Biting 

Hull 

Nays — 

The  report  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseologv  and  Stvle  for  action  as  provided  by  Rule  20. 


CONSTITUTIONAL  CONVENTION. 


531 


The  Convention  proceeding  upon  the  consideration  of  Report  No.  5, 
of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Boun¬ 
daries,  the  same  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Taff  moved  that  the  report  of  the  Committee  on 
Phraseology  and  Style  be  ordered  to  lie  on  the  table. 

And  the  motion  prevailed. 

The  Convention  proceeding  upon  the  consideration  of  Report  No.  3, 
of  the  Committee  on  Phraseology  and -Style,  on  the  subject  of  Distribu¬ 
tion  of  Powers,  the  same  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  report  of  the  com¬ 
mittee,  a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  56 ;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Fyke 

Iarussi 

Mills 

Shuey 

Barr 

Gale 

Ireland 

Moore 

Six 

Brandon 

Ganschow 

Jack 

Morris 

Smith 

Brewster 

Gee 

Jai’man 

Nichols 

Stahl 

Carlstrom 

Gilbert 

Johnson,  W.  A. 

Paddock 

Sutherland 

Catron 

Goodyear 

Kerrick 

Pincus 

Taff 

Clarke 

Gray 

Kunde 

Pinnell 

Todd 

Corlett 

Green 

Lindly 

Potts 

Trautmann 

Cutting 

Hamill 

Mack 

Rinaker 

Wilson 

Dawes 

Hogan 

Meinert 

Rosenberg 

Mr.  President 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Shanahan 

Yeas — 56 

Elting 

Hull 

Nays — 0 

The  report  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

The  Convention  proceeding  upon  the  consideration  of  Report  No.  9, 
of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Bill  of 
Rights,  section  1  thereof  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  56;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Fyke 

Iarussi 

Mills 

Shuey 

Barr 

Gale 

Ireland 

Moore 

Six 

Brandon 

Ganschow 

Jack 

Morris 

Smith 

Brewster 

Gee 

Jarman 

Nichols 

Stahl 

Carlstrom 

Gilbert 

Johnson,  W.  A. 

Paddock 

Sutherland 

Catron 

Goodyear 

Kerrick 

Pincus 

Taff 

Clarke 

Gray 

Kunde 

Pinnell 

Todd 

Corlett 

Green 

Lindly 

Potts 

Traeger 

Cutting 

Hamill 

Mack 

Rinaker 

Wilson 

Dawes 

Hogan 

Meinert 

Rosenberg 

Mr.  President 

Dupuy,  G.  A. 
Elting 

Hollenbeck 

Hull 

Mighell 

Shanahan 

Yeas — 56. 
Nays — 0. 

Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  2  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Elting  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  1. 

Amend  said  section  2  by  inserting  after  the  figure  “2”  in  the  first  line 
thereof,  the  following:  “No  law  shall  be  made,  or  enforced,  which  shall 
abridge  the  privileges  and  immunities  of  any  citizen,  nor  deny  to  any  person 
the  equal  protection  of  the  laws,  and.” 

And  the  amendment  was  lost. 


JOURNAL  OF  THE 


532 


[Mar.  2, 


roll  was 

had,  resulting  as 

follows : 

Areas, 

56 ;  nays,  0. 

Those  voting  in  the  affirmative 

are: 

Messrs. 

Adams 

Fyke 

Iarussi 

Mills 

Shuey 

Barr 

Gai« 

Ireland 

Moore 

Six 

Brandon 

Ganschow 

Jack 

Morris 

Smith 

Brewster 

Gee 

J  arman 

Nichols 

Stahl 

Carlstrom 

Gilbert 

Johnson,  W.  A. 

O’Brien 

Sutherland 

Catron 

Goodyear 

Kerrick 

Pincus 

Taff 

Clarke 

Gray 

Kunde 

Pinnell 

Todd 

Corlett 

Green 

Lindly 

Potts 

Trautmann 

Cutting 

Hamill 

Mack 

Rinaker 

Wilson 

Dawes 

Hogan 

Meinert 

Rosenberg 

Mr.  President 

Dupuy,  G. 
Elting 

r'i  i 

A.  Hollenbeck 
Hull 

Mighell 

Shanahan 

Yeas — 56 
Nays — 0 

~  —  *  wv_c  V  Ui  a  luajtaiij  Ui  wae  -LytuegaLes 

elected,  was  declared  passed  and,  under  tlie  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  3  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Carlstrom  moved  that  consideration  be  postponed. 
And  the  motion  prevailed. 

Section  4  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  55 ;  nays,  0. 

_____  '  ' —  y  y  y 


Adams 

Barr 

Brandon 

Brewster 

Catron 

Clarke 

Corlett 

Cutting 

Dawes 

Dupuy.  G.  A. 

Elting 

Fyke 


ting  in  the  affirmative  are: 

Messrs. 

Gale 

Iarussi 

Mills 

Shuey 

Ganschow 

Ireland 

Moore 

Six 

Gee 

Jack 

Morris 

Smith 

Gilbert 

Jarman 

Nichols 

Stahl 

Goodyear 

Johnson,  W.  A. 

Paddock 

Sutherland 

Gray 

Kerrick 

Pincus 

Taff 

Green 

Kunde 

Pinnell 

Todd 

Hamill 

Lindly 

Potts 

Trautmann 

Hogan 

Mack 

Rinaker 

Wilson 

Hollenbeck 

Meinert 

Rosenberg 

Mr.  President 

Hull 

Mighell 

Shanahan 

Yeas — I 

Nays — 0. 


Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  5  was  taken  up  and  read  at  large. 

T\  hereupon  Mr.  Corlett  moved  that  consideration  be  postponed. 

And  the  motion  prevailed. 

Section  6  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  56 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 

Adams 
Barr 
Brandon 
Brewster 
Carlstrom 
Catron 
Clarke 
Corlett 
Cutting 
Dawes 

Dupuy,  G.  A. 

Elting 


Fyke 
Gale 

Ganschow 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 

Hollenbeck 

Hull 


Iarussi 
Ireland 
Jack 
Jai'man 
Johnson,  W.  A. 
Kerrick 
Kunde 
Lindly 
Mack 
Meinert 
Mighell 


Mills 

Moore 

Morris 

Nichols 

Paddock 

Pincus 

Pinnell 

Quinn 

Rinaker 

Rosenberg 

Shanahan 


Shuey 

Six 

Smith 

Stahl 

Sutherland 

Taff 

Todd 

Trautmann 

Wilson 

Mr.  President 

Yeas — 56. 


Section  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
ejected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


533 


Section  7  was  taken  up  and  read  at  large. 

\\  hereupon  Mr.  Dawes  moved  that  consideration  be  postponed. 

And  the  motion  prevailed.  1 

Section  8  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Maek  moved  that  consideration  be  postponed 
And  the  motion  prevailed. 

Section  9  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
10  '™S  la<  ’  resulting  as  follows :  Yeas,  56 ;  nays,  0. 


Adams 
Barr 
Brandon 
Brewster 
Carlstrom 
Catron 
Clarke 
Corlett 
Cutting 
Dawes 
Dunuy.  G. 
Elting 


Ihose  voting  in  the  affirmative  are:  Messrs. 

I  *  ^ 


Fyke 
Gale 
Ganschow 
Gee 
Gilbert 
Goodyear 
Gray 
Green 
Hamill 
Hogan 
Hollenbeck 
Hull 


Iarussi 
Ireland 
Jack 
Jarman 
Johnson,  W.  A. 
Kerrick 
Kunde 
Lindly 
Mack 
Meinert 
Mighell 


Mills 
Moore 
Morris 
Nichols 
Paddock 
Pincus 
Pinnell 
Potts 
Rinaker 
Rosenberg 
Shanahan 


Shuey 

Six 

Smith 

Stahl 

Sutherland 

Taff 

Todd 

Trautmann 

Wilson 

Mr.  President 

Yeas — 56. 
Nays — 0. 


,  t  ®,ectl0n  ha™!?  received  the  votes  of  a  majority  of  the  Dde^ates 
elected  was  declared  passed  and,  under  the  rules,  was'  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  bv  Rule  20 
Section  10  was  taken  up  and  read  at  large.  " 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  56:  navs  0. 

nnii  aoa  tta-1-iw  /M  ih  _  _  oc*  i  •  -« j- 

Messrs. 


/  Q  ^  W  •  JL  V^Clk. 

Those  voting  in  the  affirmative  are : 

Fyke 


Adams 
Barr 
Brandon 
Brewster 
Carlstrom 
Catron 
Clarke 
Corlett 
Cutting 
Dawes 

Dupuy,  G.  A. 
Elting 


Gale 
Ganschow 
Gee 
Gilbert 
Goodyear 
Gray 
Green 
Hamill 
Hogan 
Hollenbeck 
Hull 


Iarussi 
Ireland 
Jack 
Jarman 
Johnson,  W.  A. 
Kerrick 
Kunde 
Lindly 
Mack 
Meinert 
Mighell 


Mills 

Moore 

Morris 

Nichols 

Paddock 

Pincus 

Pinnell 

Potts 

Rinaker 

Rosenberg 

Shanahan 


Shuey 

Six 

Smith 

Stahl 

Sutherland 

Taff 

Todd 

Trautmann 

Wilson 

Mr.  President 

Yeas — 56. 
Nays — 0. 


Section  10  having  received  the  votes  of  a  majority  of  the  Delegates 
elected  was  declared  passed  and,  under  the  rules,  was' re-referred  to  the 

0mSeetion°llPwTSte<I108y  ^  ?tyle'for  action  as  Provided  bv  Rule  20 
Section  11  was  taken  up  and  read  at  large. 

And%7ZS„ep«,.S.TJ  "0,rf  ‘h*1 

Section  12  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section 
roll  was  had,  resulting  as  follows :  Yeas,  56 ;  nays  0. 

1  hose  voting  in  the  affirmative  are :  Messrs  * 

ICS  T7* _ _  _  * 


a  call  of  the 


Adams 
Barr 
Brandon 
Brewster 
Carlstrom 
Catron 
Clarke 
Corlett 
Cutting 
Dawes 

Dunuy.  G.  A. 
Elting 


Fyke 
Gale 

Ganschow 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 

Hollenbeck 

Hull 


Iarussi 
Ireland 
Jack 
Jarman 
Johnson,  W.  A. 
Kerrick 
Kunde 
Lindly 
Mack 
Meinert 
Mighell 


Mills 

Moore 

Morris 

Nichols 

Paddock 

Pincus 

Pinnell 

Potts 

Rinaker 

Rosenberg 

Shanahan 


Shuey 

Six 

Smith 

Stahl 

Sutherland 

Taff 

Todd 

Trautmann 

Wilson 

Mr.  President 

Yeas — 56. 
Nays — 0. 


534 


JOURNAL  OF  THE 


[Mar.  2, 


Section  12 ,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  13  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  moved  that  consideration  be  postponed. 
And  the  motion  prevailed. 

Section  14  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  56 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Barr 

Brandon 

Brewster 

Carlstrom 

Catron 

Clarke 

Corlett 

Cutting 

Dawes 

Dupuy,  G.  A. 
Elting 


Fyke 

Gale 

Ganschow 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 

Hollenbeck 

Hull 


Iarussi 

Ireland 

Jack 

Jarman 

Johnson,  W.  A. 

Kerrick 

Kunde 

Lindly 

Mack 

Meinert 

Mighell 


Mills 

Moore 

Morris 

Nichols 

Paddock 

Pincus 

Pinnell 

Potts 

Rinaker 

Rosenberg 

Shanahan 


Shuey 

Six 

Smith 

Stahl 

Sutherland 

Tail 

Todd 

Trautmann 

Wilson 

Mr.  President 

Yeas — 56. 


Section  14,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  ^Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  15  was  .taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  54;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Barr 

Brandon 

Brewster 

Carlstrom 

Catron 

Clarke 

Corlett 

Cutting 

Dawes 

Dupuy,  G.  A. 


Elting 

Fyke 

Gale 

Ganschow 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 


Hollenbeck 

Hull 

Iarussi 

Ireland 

Jack 

Jarman 

Johnson,  W.  A. 

Kerrick 

Kunde 

Lindly 

Meinert 


Mighell 

Mills 

Moore 

Morris 

Nichols 

Paddock 

Pincus 

Pinnell 

Potts 

Rinaker 

Rosenberg 


Shanahan 

Shuey 

Smith 

Stahl 

Sutherland 

Taff 

Todd 

Trautmann 

Wilson 

Mr.  President 

Yeas — 54. 


Section  15,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Mr.  W  ilson  moved  to  reconsider  the  vote  by  which  section  15  was 

adopted  and  that  further  consideration  of  the  motion  to  reconsider  be 
postponed. 

And  the  motion  prevailed.  • 

Section  16  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  53;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Barr 

Brandon 

Brewster 

Carlstrom 

Catron 

Clarke 

Corlett 

Cutting 

Dawes 

Dupuy,  G.  A. 


Elting 

Fyke 

Gale 

Ganschow 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hogan 

Hollenbeck 


Hull 

Iarussi 

Ireland 

Jack 

Jarman 

Johnson,  W.  A. 

Kerrick 

Kunde 

Lindly 

Meinert 

Mighell 


Mills 

Moore 

Morris 

Nichols 

Paddock 

Pincus 

Pinnell 

Potts 

Rinaker 

Rosenberg 

Shanahan 


Shuey 

Smith 

Stahl 

Sutherland 

Taff 

Todd 

Trautmann 

Wilson 

Mr.  President 

Yeas — 53. 
Nays — 0. 


19*22.] 


C 0 X S T I T U T 1 0 X A L  CONVENTION. 


535 


Section  16,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  17  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Gale  moved  that  consideration  be  postponed. 

And  the  motion  prevailed. 

Section  18  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 

T»a1  I  TTTrtn  1-.  «  /I  1  1-’ (*  11  TT  m  i  /v 


Adams 

Barr 

Brandon 

Brewster 

Carlstrom 

Catron 

Clarke 

Corlett 

Cutting 

Dawes 

Dupuy,  G.  A. 


ting  in*  the  affirmative  are : 

Messrs. 

Elting 

Hollenbeck 

Mighell 

Fyke 

Hull 

Mills 

Gale 

Iarussi 

Moore 

Ganschow 

Ireland 

Morris 

Gee 

Jack 

Nichols 

Gilbert 

Jarman 

Paddock 

Goodyear 

Johnson,  W.  A. 

Pincus 

Gray 

Kerrick 

Pinnell 

Green 

Kunde 

Potts 

Hamill 

Lindly 

Rinaker 

Hogan 

Meinert 

Rosenberg 

Shanahan 

Shuey 

Smith 

Stahl 

Sutherland 

Taff 

Todd 

Trautmann 

Wilson 

Mr.  President 


Yeas— 5  4. 

Section  18  having  received  the  votes  of  a  majority  of  the  Driegates 
elected  was  declared,  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20 
At  the  hour  of  11 :05  o’clock  a.  m.,  Mr.  Trautmann  moved  that  the 

Convention  do  now  adjourn  until  Tuesday,  March  7,  1922  at  9*00 
o  clock  a.  m.  ’  5 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


536 


JOURNAL  OF  THE 


[Mar.  7, 


TUESDAY,  MARCH  7,  1922,  9:00  O'CLOCK  A.  M.  ' 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  A.  W.  Bartholomew,  of  the  First 
Presbyterian  Church,  of  Kansas. 

The  Journal  of  Wednesday,  March  1,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

The  Convention  proceeding  upon  the  further  consideration  of 
Report  No.  9,  of  the  Committee  on  Phraseology  and  Style,  on  the  sub¬ 
ject  of  Bill  of  Rights,  section  3  thereof  was  again  taken  up. 

Whereupon,  Mr.  Traeger  offered  the  following  amendment  and 
moved  its  adoption: 

Amendment  No.  2. 

Amend  section  3  by  striking  out  the  last  sentence  thereof. 

Pending  consideration,  Mr.  Hamill  offered  the  following  as  a  sub¬ 
stitute  for  Amendment  No.  2,  and  moved  its  adoption: 

Amend  section  3,  of  article  9,  in  the  last  sentence  by  striking  out  the 
words  “selections  from  any  version  of  the  old  and  new  testaments,  without 
comment”  and  inserting  in  lieu  thereof  the  words  “any  good  literature.” 

And  the  substitute  for  Amendment  No.*  2  was  lost. 

Pending  discussion,  at  the  hour  of  12  :30  o’clock  p.  m..  Mr.  Rinaker 
moved  that  the  Convention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2  :00  o’Clock  P.  M. 

The  hour  of  2  :00  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  Amendment  No.  2,  to  section  3,  of  Report  No.  9,  the  same 
was  again  taken  up. 

The  question  being  on  the  adoption  of  the  amendment  offered  by 
Mr.  Traeger,  on  demand  of  five  Delegates  a  call  of  the  roll  was  had,  re¬ 
sulting  as  follows:  Yeas,  16;  nays,  45. 

Those  voting  in  the  affirmative  are :  Messrs. 


Clarke 

Pifer 

Hull 

Michal 

Shanahan 

Corlett 

Gale 

Tarussi 

Morris 

Traeger 

Cutting 

Davis 

Hamill 

Kunde 

Quinn 

Trautmann 

Yeas — 16. 

1922.] 


CONSTITUTIONAL  CONVENTION. 


537 


Those  voting  in  the  negative  are : 

Adams  Cruden  Green 

Dawes 
De  Young 
Dunlap 
Dupuy,  G.  A. 

Elting 
Fyke 
Gee 
Gilbert 


Barr 
Brandon 
Brenholt 
Carey,  A.  J. 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 


Hogan 

Hollenbeck 

Ireland 

Jack 

Johnson,  L.  C. 
Johnson,  W.  A. 
Kerrick 
Lindly 


Messrs. 

Mack 
McGuire 
Meinert 
Mighell 
Miller 
Mills 
Moore 
Nichols 
Paddock 


Rinaker 

Shuey 

Smith 

Stahl 

Sutherland 

Taff 

Warren 

Wilson 

Mr.  President 

Nays — 45. 


And  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  section  3,  a  call  of  the 
roil  was  had,  resulting  as  follows:  Yeas,  53;  nays,  9. 


Adams 
Barr 
Brandon 
Brenholt 
Carey,  A.  J. 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Cruden 


Those  voting  in  the  affirmative  are : 


Dawes 
De  Young 
Dunlap 
Dupuy,  G.  A. 
Elting 
FIfer 
Fyke 
Gale 
Gee 
Gilbert 
Green 


Hamill 

Hogan 

Hollenbeck 

Hull 

Ireland 

Jack 

Johnson,  L.  C. 
Johnson,  W.  A. 
Kerrick 
Lindly 
Mack 


Messrs. 

McGuire 

Meinert 

Mighell 

Miller  , 

Mills 

Moore 

Morris 

Nichols 

Paddock 

Rinaker 


Messrs. 

Quinn 
Shanahan 


Shuey 

Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Trautmann 
Warren 
Wilson 
Mr.  President 

Yeas — 53. 

Traeger 


Cutting 

Those  voting  in  the  negative  are 

Clarke  Davis  Kunde 

Cortelt  oIa™ss?  Michal  ouananan  Nays— 9 

Section  O,  having  received  the  votes  of  a  majority  of  the  Delegates 
e  ected  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
ommittee  on  Phraseology  and  Style  for.  action  as  provided  bv  Rule  30 

adopted'  Rmaker  moved  to  reeonsider  the  vote  by  which  section  3  was 
Whereupon  Mr.  Lindley  moved  to  lay  that  motion  on  the  table 

the  affimativeqi,eSt,0n  °D  m°tion  to  table’  decided  in 

Section  5  was  again  taken  up. 

•i  Whereupon  Mr.  Michal  offered  the  following  amendment  and  moved 
its  adoption :  uvcu 


Amendment  No.  3. 

Amend  section  5  by  striking  out  all  after  the  word  and  figure  “^ertinn 
f  inserting  in  lieu  thereof  the  following:  “The  right  of  trill  bv 
as  heretofore  enjoyed  shall  remain  inviolate,  but  the  frial  ot  cdvil 
before  Justices  of  the  Peace,  by  a  jury  of  less  than  twelve  men  may  be 
authorized  by  law;  but  women  shall  not  be  eligible  to  serve  as  jurors^ 

..  “£  question  being  on  the,  adoption  of  the  amendment  a  division 

oi  the  Convention  was  had,  resulting  as  follows:  Yeas,  16;  navs,  35. 

And  the  amendment  was  lost. 

Mr.  Miller  offered  the  following  amendment  and  moved  its  adop¬ 
tion  :  1 


Amendment  No.  4. 

wnrrume‘hid  sectl0ff  5  by  striking  out  of  the  last  sentence  the  following 
words,  and  verdicts  not  unanimous.” 


And  the  amendment  was  adopted. 


538  journal  of  the  [Mar.  7, 

Mr.  Green  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  5. 

Amend  section  5  by  striking  out,  in  next  to  the  last  sentence,  the  fol¬ 
lowing  wTords:  “but  not  required.”  .  . 

The  question  being  on  the  adoption  of  the  amendment  a  division 

of'  the  Convention  was  had,  resulting  as  follows:  Yeas,  32;  nays,  2o. 

And  the  amendment  was  adopted.  , 

Mr.  Green  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  6. 

Amend  section  5  by  striking  out,  in  next  to  the  last  sentence,  the  fol¬ 
lowing  words:  “Women  shall  be  eligible  to  serve  as  jurois. 

Pending  discussion  Mr.  Green  moved  that  further  consideration  ot 

section  5  be  postponed. 

And  the  motion  prevailed. 

•Section  7  was  again  taken  up.  .  T  ...  ,  * 

Whereupon  Mr.  Cutting  offered  the  following  as  a  substitute  tor 

section  7  and  moved  its  adoption .  .  .  .. 

Section  7.  Excessive  bail  shall  not  be  required.  The  Privilege >  or •writ 
ot  habeas  corpus  shall  not  be  suspended  unless  in  cases  of  rebellion 
invasion  the  public  safety  may  lequire  it.  .  ,  ,  •  _e 

Pending  discussion  Mr.  Davis  moved  that  further  consideration  of 

section  7  be  postponed. 

And  the  motion  prevailed. 

Upon  request  of  their  colleagues,  Delegates  Whitman  Dryer,  Jar¬ 
man.  Pinnell,  Brewster  and  Wall  were  excused  from  attendance  at  the 

Convention^i^jom  ^  ^  motion  to  reconsider  the  vote  by  which 

section  10,  of  Report  No.  11,  of  the  Committee  on  Iliraseology  and 
Style,  was  adopted,  and  moved  that  consideration  of  the  motion  to  le- 

consider  he  postponed. 

And  the  motion  prevailed.  ,  • 1 

Mr.  Sutherland  called  up  his  motion  to  reconsider  the  vote  by  whic 
section  1  of  Report  No.  11,  of  the  Committee  on  Pnraseologv  and  Stile, 
was  adopted,  and  moved  that  consideration  of  the  motion  to  reconsider 

be  postponed. 

And  the  motion  prevailed.  .  , 

Mr.  Sutherland  called  up  his  motion  to  reconsider  the  vote  bv  u  hie  - 
section  8,  of  Report  No.  11,  of  the  Committee  on  lhraseology  and  Style, 

WSS  A-ncfthe  question  being  on  the  motion  to  reconsider,  it  was  decided 

1U  ^Whereupon  Tr.  Sutherland  offered  the  following  amendment  and 
moved  its  adoption : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


530 


Amendment  No.  42. 

Amend  section  8  of  the  report  of  the  Committee  on  Phraseology  and 
Style,  by  striking  out  all  after  the  figure  8  and  substituting  therefor  the 

following: 

“The  General  Assembly  shall  not  impose  taxes  (except  the  income  taxes 
heretofore  authorized)  in  municipal  corporations  for  corporate  purposes,  but 
shall  vest  the  corporate  authorities  of  municipal  corporations  with  authority 
to  assess  and  collect  taxes  for  all  corporate  purposes  such  taxes  to  be 
uniform  as  to  persons  and  property;  and  shall  require  such  corporate  au¬ 
thority  to  assess  and  collect  taxes  in  accordance  with  the  principles  of 
taxation  fixed  in  this  Constitution  for  the  payment  of  debts  contracted 
under  authority  of  law.  Private  property  shall  not  be  liable  to  be  taken  or 
sold  for  payment  of  the  corporate  debts  of  a  municipal  corporation.” 

Pending  consideration.  #at  the  hour  of  6:55  o'clock  p.  in.,  Mr.  Mills 
moved  that  the  Convention  do  now  adjourn  until  9  :00  o'clock  a.  m.,  to¬ 
morrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


540 


JOURNAL  OF  THE 


[Mar.  8, 


WEDNESDAY,  MARCH  8,  1922,  9:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  A.  W.  Bartholomew,  of  the  First 
Presbyterian  Church,  of  Kansas. 

The  Journal  of  Thursday,  March  2d,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was. ordered  to  stand  approved. 

The  pending  question  at  the  hour  of  adjournment  on  yesterday 
being  the  consideration  of  Amendment  No.  42  to  section  8,  of  Report 
No.  11.  of  the  Committee  on  Phraseology  and  Style,  the  same  was  again 
taken  up. 

Whereupon  Mr.  Miller  offered  the  following  amendment  to  the 
amendment  and  moved  its  adoption  : 


Amendment  No.  1  to  Amendment  No.  42. 

Amend  the  amendment  by  substituting  the  word  “may”  for  the  word 
“shall”  in  the  third  line. 

And  the  amendment  to  the  amendment  was  adopted. 

Mr.  Clarke  offered  the  following  as  a  substitute  for  Amendment 
No.  42,  and  moved  its  adoption: 

Amend  section  8  of  the  report  of  the  Committee  on  Phraseology  and 
Style,  by  striking  out  all  after  the  figure  8  and  substituting  therefor  the 
following: 

“The  General  Assembly  shall  not  impose  taxes  (except  the  income  taxes 
heretofore  authorized)  in  municipal  corporations  for  corporate  purposes,  but 
may  vest  the  corporate  authorities  thereof  with  authority  to  assess  amd 
collect  taxes  for  all  corporate  purposes,  and  shall  require  them  to  assess  and 
collect  taxes  for  the  payment  of  debts  contracted  under  authority  of  law. 
Private  property  shall  not  be  liable  for  such  debts.  All  such  taxes  shall  be 
uniform  as  to  persons  and  property.” 

The  question  being  on  the  adoption  of  the  substitute  for  Amend¬ 
ment  No.  42,  a  division  of  the  Convention  was  had,  resulting  as  follows: 
Areas,  35;  nays,  18. 

And  the  substitute  was  adopted. 

The  question  then  being  on  the  adoption  of  section  8,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Arnas,  59;  nays,  1. 


Those 

voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Cutting 

Hollenbeck 

McGuire 

Shuey 

Barr 

Davis 

Hull 

Meinert 

Smith 

Beckman 

Dawes 

Iarussi 

Michal 

Sneed 

Brandon 

Dupuy,  G.  A. 

Ireland 

Mighell 

Stahl 

Brenholt 

Fyke 

Jack 

Miller 

Sutherland 

Brewster 

Gale 

Johnson,  L.  C. 

Mills 

Taffi 

Cary,  C.  D. 

Gee 

Johnson,  W.  A. 

Moore 

Traeger 

Carlstrom 

Gilbert 

Kerrick 

Morris 

Trautmann 

Chew 

Goodyear 

Kunde 

Nichols 

Warren 

Clarke 

Gray 

Lill 

Paddock 

Wilson 

Corlett 

Hamill 

Mack 

Quinn 

Mr.  President 

Cruden 

Hogan 

McEwen 

Rinaker 

Yeas — 59 

1922.] 


CONSTITUTIONAL  CONVENTION. 


541 


Those  voting  in  the  negative  are :  Mr. 

Elting  Nays — 1. 

Section  8,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

The  Convention  proceeding  upon  the  further  consideration  of  Re¬ 
port  No.  9,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject 
of  Bill  of  Rights,  section  7  thereof  was  again  taken  up. 

And  the  pending  question  being  the  adoption  of  the  substitute, 
offered  by  Mr.  Cutting  on  yesterday. 

The  same  was,  by  unanimous  consent,  withdrawn. 

Whereupon  Mr.  Cutting  offered  the  following  as  a  substitute  for 
section  7,  and  moved  its  adoption : 

“Section  7.  Excessive  bail  shall  not  be  required.  All  persons  shall  be 
bailable  by  sufficient  sureties  except  for  capital  offenses  where  the  proof  is 
evident  or  the  presumption  great,  and  except  that  in  the  case  of  second  or 
repeating  offenders  the  Court  may,  in  its  discretion  refuse  bail.  The 
privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended  unless,  in 
cases  of  rebellion  or  invasion,  the  public  safety  may  require  it.” 

Mr.  Michal  offered  the  following  as  an  amendment  to  the  substitute 

and  moved  its  adoption  : 

Amend  the  substitute  by  striking  out  all  after  the  word  and  figure 
“Section  7”  and  inserting  in  lieu  thereof  the  following: 

“Excessive  bail  shall  not  be  required.  All  persons  shall  be  bailable  by 
sufficient  sureties,  except  for  capital  offenses,  when  the  proof  is  evident  or 
the  presumption  great,  and  except  that  in  the  case  of  one  'previously  con¬ 
victed  of  a  felony  the  Court  may,  in  its  discretion,  refuse  ball.  The  privi¬ 
lege  of  the  writ}  of  habeas  corpus  shall  not  be  suspended  unless,  in  cases  of 
rebellion  or  invasion,  the  public  safety  may  require  it.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  the  substitute,  as 
amended,  a  division  of  the  Convention  was  had,  resulting  as  follows: 
Yeas,  32;  nays,  25. 

And  the  substitute  was  adopted. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  7. 

Amend  section  7,  as  amended,  by  striking  out  the  word  “felony”  and 
inserting  in  lieu  thereof  the  word  “crime.” 

And  the  amendment  was  adopted. 

Mr.  Rinaker  offered  the  following  as  a  substitute  for  section  7,  as 
amended,  and  moved  its  adoption : 

“Section  7.  All  persons  shall  be  bailable  by  sufficient  sureties,  except 

(1)  for  capital  offenses  where  the  proof  is  evident  or  the  presumption  great, 

(2)  where,  in  the  opinion  of  the  Court  the  defendant  is  a  habitual  criminal, 

(3)  where  the  defendant  has  been  previously  convicted  of  a  crime  and,  in 
the  opinion  of  the  Court  no  bail  should  be  taken.  The  privilege  of  the  writ 
of  habeas  corpus  shall  not  be  suspended,  unless  in  cases  of  rebellion  or  in¬ 
vasion,  the  public  safety  may  require  it.” 

Pending  discussion,  at  the  hour  of  12:35  o’clock  p.  m.,  Mr.  Rinaker 
moved  that  the  Convention  do  now  take  a  recess  until  3  :00  o’clock  p.  m. 
And  the  motion  prevailed. 


JOURNAL  OF  THE 


|  Mar.  8, 


542 


3  :00  o’Clock  P.  M. 

The  hour  of  3  :00  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  the  substitute  to  section  7,  offered  by  Mr.  Rinaker,  the 
same  was,  by  unanimous  consent,  withdrawn. 

Mr.  Cutting  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  8. 

Amend  section  7  by  striking  out  the  second  sentence  of  the  section. 

Whereupon  Mr.  Michal  offered  the  following  as  a  substitute  and 
moved  its  adoption : 

“All  persons  shall  be  bailable,  by  sufficient  sureties,  except  for  capital 
offenses,  where  the  proof  is  evident  or  the  presumption  great,  and  the  privi¬ 
lege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless  when  in 
cases  of  rebellion  or  invasion  the  public  safety  may  require  it.” 

The  question  being  on  the  adoption  of  the  substitute  it  was  decided 
in  the  negative. 

The  question  recurring  on  the  adoption  of  Amendment  Xo.  8,  it 
was  decided  in  the  affirmative. 


The  question  then  being  on  the  adoption  of  section  7,  as  amended,  a 
call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  58;  nays,  6. 


Those 

voting  in  the  affirmative  are: 

Messrs. 

Adams 

Corlett 

Gray 

Mack 

Scanlan 

Barr 

Cutting 

Green 

McEwen 

Shuey 

Beckman 

Davis 

Hamill 

McGuire 

Smith 

Brandon 

Dawes 

Hollenbeck 

Meinert 

Sneed 

Brenholt 

De  Young 

Hull 

Michal 

Stahl 

Brewster 

Dunlap 

Ireland 

Miller 

.  Taff 

Carey,  A.  J. 

Dupuy,  G.  A. 

Jack 

Mills 

Traeger 

Cary,  C.  D. 

Pifer 

Johnson,  L.  C. 

Moore 

Trautmann 

Carlstrom 

Fyke 

Johnson,  W.  A. 

Nichols 

Warren 

Catron 

Gale 

Kerrick 

Paddock 

Wilson 

Chew 

Gilbert 

Lill 

Rinaker 

Mr.  President 

Clarke 

Goodyear 

Lindly 

Yeas — 58. 

Those 

voting  in  the  negative  are : 

Messrs. 

Elting 

Gee 

Hogan 

Iarussi 

Mighell 

Morris 

Nays — 6. 

Section  7,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on'  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Mr.  Michal  moved  to  reconsider  the  vote  by  which  section  7  was 
adopted. 

Whereupon  Mr.  Cutting  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table  it  was  decided  in  the 
affirmative. 

By  unanimous  consent  Mr.  Sutherland  was  excused  from  attendance 
at  the  Convention  on  account  of  illness. 

Section  5  was  again  taken  up. 

Whereupon  Mr.  Green  offered  the  following  amendment  and  moved 
its  adoption  : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


543 


Amendment  No.  9. 


Amend  section  5  of  Report  No.  9,  of  the  Committee 
Style,  so  that  the  same  shall  read  as  follows: 


on  Phraseology  and 


“The  right  of  trial  by  jury  shall  remain  inviolate.  The  General  Assem¬ 
bly  may  provide  that  women  shall  be  eligible  to  serve  as  jurors  In  civil 
cases  juries  of  less  than  twelve  may  be  authorized  by  law.  A  jury  mav  be 
waived  except  in  capital  cases.” 


And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  5,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  62 :  nays,  2. 
Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Carey,  A.  J. 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Corlett 


Tims 


e 


Cutting  Gray  Lill 

Davis  Green  Lindly 

Dawes  Hamill  Mack 

De  Young  Hogan  McEwen 

Dryer  Hollenbeck  McGuire 

Dupuy,  G.  A.  Hull  Meinert 

Elting  Iarussi  Mighell 

Fifer  Ireland  Miller 

Fyke  Jack  Mills 

Gale  Johnson,  D.  C.  Moore 

Gee  Johnson,  W.  A.  Morris 

Gilbert  Kerrick  Nichols 

Goodyear 


noting  in  the  negative  are:  Messrs. 


Paddock 

Scanlan 

Shanahan 

Shuey 

Smith 

Stahl 

Taff 

Traeger 

Trautmann 

Warren 

Wilson 

Mr.  President 

Yeas — 62. 


Michal  Sneed 

,  •  r  ,  .  Navs — 2. 

Section  o,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

Section  3  was  again  taken  up. 

\\  hereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption  : 


Amendment  No.  10. 

5tv|AmeniTfiCn  8  0t  Report  No-  9.  of  the  Committee  on  Phraseology  and 
Style,  so  that  the  same  shall  read  as  follows:  S'  a 

Except  in  cases  of  impeachment  and  in  cases  arising  in  the  army  and 
navy  and  m  the  militia  when  in  actual  service  in  time  of  wa?  or  public 

1  yn!egrlmlPTur°vn  nPkf  Ue‘d  l°  f°''  a  fel°ny  ullIess  on  indictment 

A.  s  n  JU15f  0T  jsave  ln  capital  cases)  on  information  filed  by  the 
Attorney  General  or  the  State’s  Attorney  by  leave  of  a  court  of  record  of 

A*  gnm d^ u ry1* shall1  con s fG  1  f ^ r ^ n g  in  such  court  showing  probable  cause. 

and  agfee  to  kek  indicAent  '  6'1  P6rS°nS’  el6Ven  °f  Whom  shaU  be 

Air.  Miclial  offered  the  following  amendment  to  the  amendment  and 
moved  its  adoption: 


Amendment  No.  1  to  Amendment  No.  10. 

Amend  Amendment  No.  10,  so  as  to  read  as  follows: 

No  person  shall  be  held  to  answer  for  a  criminal  offense  unless  on 
indictment  of  a  grand  jury,  except  in  cases  in  which  the  punishment  is  by 
fine,  or  imprisonment  otherwise  than  in  the  penitentiary  in cases  of  im 
peachment,  and  in  cases  arising  in  the  army  and  m  vy  or  m  the  m  litm 
when  in  actual  service  in  time  of  war  or  public  danger" 

And  the  amendment  to  the  amendment  was  lost. 

Mr  Tair  offered  the  following  amendment  to  the  amendment  and 
moved  its  adoption  : 


544 


JOURNAL  OF  THE 


[  Mar.  8, 


Amendment  No.  2  to  Amendment  No.  10. 

Amend  Amendment  No.  10  by  striking  out  tbe  last  sentence  thereof. 
The  question  being  on  the  adoption  of  the  amendment  to  the  amend¬ 
ment,  a  division  of  the  Convention  was  had,  resulting  as  follows :  Yeas, 
42;  nays,  1. 

And  the  amendment  to  the  amendment  was  adopted. 

The  question  recurring  on  the  adoption  of  Amendment  Xo.  10,  as 
amended,  it  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  section  8,  as  amended, 


a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  60;  nays,  4. 


Those 

voting  in 

the  affirmative  are : 

Messrs. 

Adams 

Corlett 

Goodyear 

Lill 

Rinaker 

Barr 

Cutting 

Gray 

Lindly 

Scanlan 

Beckman 

Davis 

Green 

Mack 

Shanahan 

Brandon 

Dawes 

Hamill 

McGuire 

Shuey 

Brenholt 

Dryer 

Hogan 

Meinert 

Smith 

Brewster 

Dunlap 

Hull 

Mighell 

Stahl 

Carey,  A.  J. 

Dupuy, 

G.  A.  Iarussi 

Miller 

Taft 

Cary,  C.  D. 

Elting 

Ireland 

Mills 

Traeger 

Carlstrom 

Fifer 

Jack 

Moore 

Trautmann 

Catron 

Fvke 

Johnson,  L.  C. 

Morris 

Warren 

Chew 

Gale 

Johnson,  W.  A. 

Nichols 

Wilson 

Clarke 

Gilbert 

Kerrick 

Paddock 

Air.  President 

A'eas — 60. 

Those 

voting  in 

the  negative  are: 

Messrs. 

Hollenbeck 

AIcEwen  Alichal 

Sneed 

Nays — 4. 

Section  8,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Mr.  Hamill  gave  notice  that  on  the  next  Convention  dav.  he  would 
move  to  reconsider  the  vote  by  which  section  8  was  adopted. 

Section  11  was  again  taken  up. 

Whereupon  Mr.  Dupuy  offered  as  a  substitute  section  11  of  the 
report  of  the  Committee  of  the  Whole,  with  the  substitution  of  the  word 
“State”  for  the  word  “same,”  in  the  last  line. 

And  the  question  being  on  the  adoption  of  the  substitute  it  was 
decided  in  the  affirmative. 


The  question  then  being  on  the  adoption  of  section  11,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  64;  nays,  0. 


Those 

voting  in  the  affirmative  are : 

Messrs. 

Adams 

Cutting 

Goodyear 

Dill 

Paddock 

Barr 

Davis 

Gray 

Lindly 

Rinaker 

Beckman 

Dawes 

Green 

Alack 

Scanlan 

Brandon 

De  Young 

Hamill 

AIcEwen 

Shanahan 

Brenholt 

Dryer 

Hogan 

AIcGuire 

Shuey 

Brewster 

Dunlap 

Hollenbeck 

Aleinert 

Smith 

Carey,  A.  J. 

Dupuy,  G.  A. 

Hull 

Alichal 

Sneed 

Cary,  C.  D. 

Elting 

Iarussi 

Mighell 

Stahl 

Carlstrom 

Fifer 

Ireland 

Miller 

Trautmann 

Catron 

Fyke 

Jack 

Alills 

Warren 

Chew 

Gale 

Johnson,  L.  C. 

Aloore 

Wilson 

Clarke 

Gee 

Johnson,  W.  A. 

Alorris 

Air.  President 

Corlett 

Gilbert 

Kerrick 

Nichols 

Yeas — 64 

Nays — 0. 


Section  11,  having  received  the  votes  of  a  majorit}r  of  the  delegates 
elected,  was  declared  passed,  and  under  the  rules  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  13  was  again  taken  up. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


545 


And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had. 

resulting 

as 

follows:  Yeas, 

64 ;  nays,  0. 

Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Cutting 

Gray 

Mack 

Scanlan 

Barr 

Davis 

Green 

McEwen 

Shanahan 

Beckman 

Dawes 

Hamill 

McGuire 

Shuey 

Brandon 

De  Young 

Hogan 

Meinert 

Smith 

Brenholt 

Dryer 

Hollenbeck 

Michal 

Sneed 

Brewster 

Dunlap 

Hull 

Mighell 

Stahl 

Carey,  A.  J. 

Dupuy,  G. 

A. 

Iarussi 

Miller 

Traeger 

Cary,  C.  D. 

Elting 

Jack 

Mills 

Trautmann 

Carlstrom 

Fifer 

Johnson,  L.  C. 

Moore 

Warren 

Catron 

Fyke 

Johnson,  W.  A. 

Morris 

Wilson 

Chew 

Gale 

Kerrick 

Nichols 

Mr.  President 

Clarke 

Gilbert 

Lill 

Paddock 

Yeas — 64. 

Corlett 

Goodyear 

Lindly 

Rinaker 

Nays — 0. 

Section  13,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Section  15  was  again  taken  up. 

And  the  question  being  on  the  motion  of  Mr.  Wilson  to  reconsider 
the  vote  bv  which  the  section  was  heretofore  adopted. 

It  was  decided  in  the  affirmative. 

Whereupon  Mr.  Mighell  offered  the  following  amendment  and  moved 
its  adoption : 

Amendment  No.  11. 

Amend  section  15  by  striking  out  the  last  sentence  of  the  section. 

And  the  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  lreas,  15;  nays,  31. 

And  the  amendment  was  lost. 

Mr.  Dupuy  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  12. 

Amend  section  15  by  adding  at  the  end  thereof  the  following  words: 
“of  the  latter.” 

And  the  amendment  was  lost. 


The  question  then  being  on  the  adoption  of  section  15,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  G4;  nays,  0. 

Those  voting  in  the  negative  are :  Messrs. 


Adams 

Cutting 

Goodyear 

Lindly 

Rinaker 

Barr 

Davis 

Gray 

Mack 

Scanlan 

Beckman 

Dawes 

Green 

McEwen 

Shanahan 

Brandon 

De  Young 

Hamill 

McGuire 

Shuey 

Brenholt 

Dryer 

Hogan 

Meinert 

Smith 

Brewster 

Dunlap 

Hollenbeck 

Michal 

Sneed 

Carey,  A.  J. 

Dupuy,  G.  A. 

Hull 

Mighell 

Stahl 

Cary,  C.  D. 

Elting 

Iarussi 

Miller 

Taff 

Carlstrom 

Fifer 

Ireland 

Mills 

Trautmann 

Catron 

Fyke 

Jack 

Moore 

Warren 

Chew 

Gale 

Johnson,  L.  C. 

Morris 

Wilson 

Clarke 

Gee 

Kerrick 

Nichols 

Mr.  President 

Corlett 

Gilbert 

Lill 

Paddock 

Yeas — i 

Nays — 0. 

Section  15,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  17  was  again  taken  up. 

—35  C  J 


546  JOURNAL  of  THE  [Mar.  8, 

Whereupon  Mr.  Gale  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  13. 

Amend  section  17  of  article  9  by  adding  thereto  the  following:  “And 
the  right  of  political  parties  to  nominate  candidates  for  public  office  in 
such  manner  as  they  may  determine  shall  not  be  abridged  or  denied,  but 
the  method  of  selecting  delegates  to  party  conventions  may  be  regulated  by 
general  law.” 

Mr.  Michal  offered  the  following  amendment  to  the  amendment  and 
moved  its  adoption : 

Amendment  No.  1  to  Amendment  No.  13. 

Amend  Amendment  No.  13  by  substituting  therefor  the  following:  “The 
selection  or  nomination  of  candidates  for  all  elective  public  offices  by  politi¬ 
cal  parties  or  groups  of  citizens  shall;  be  made  by  caucus  or  convention  and 
not  otherwise.” 

And  the  amendment  to  the  amendment  was  lost. 

Air.  Michal  offered  the  following  amendment  to  amendment  and 
moved  its  adoption : 


Amendment  No.  2  to  Amendment  No.  13.' 

Amend  Amendment  No.  13  by  inserting  after  the  word  “parties”  in 
the  first  line  thereof,  the  words  “or  groups  of  citizens.” 

And  the  amendment  to  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  Xo.  13,  a 
division  of  the  Convention  was  had,  resulting  as  follows:  Yeas,  32; 
nays,  29. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  17,  as  amended, 


a  call  of  the  roll  was 

had,  resulting  as  follows:  Yeas,  30 

;  nays,  32. 

Those 

voting  in 

o 

the  affirmative  are 

:  Messrs. 

Brandon 

Chew 

Hogan 

McGuire 

Paddock 

Brenholt 

Clarke 

Hollenbeck 

Meinert 

Rinaker 

Brewster 

Flfer 

Ireland 

Mighell 

Smith 

Carey,  A.  J. 

Fyke 

Kerrick 

Mills 

Taff 

Cary,  C.  D. 

Gale 

Lindly 

Morris 

Trautmann 

Carlstrom 

Green 

McEwen 

Nichols 

Wilson 

Yeas — 

Those 

voting  in 

the  negative  are : 

Messrs. 

Barr 

Dryer 

Gray 

Johnson,  W.  A. 

Shanahan 

Beckman 

Dunlap 

Hamill 

Lill 

Shuey 

Catron 

Dupuy, 

G.  A.  Hull 

Mack 

Stahl 

Corlett 

Elting 

Iarussi 

Michal 

Traeger 

Cutting 

Gee 

Jack 

Miller 

Warren 

Davis 

Gilbert 

Johnson,  L.  C. 

Moore 

Mr.  President 

De  Young 

Goodyear 

N-ays — : 

Section  17,  having  received  the  votes  of  less  than  a  majority  of  the 
Delegates  elected,  failed  to  pass. 

Mr.  Dunlap  moved  to  reconsider  the  vote  by  which  section  17  had 
failed  to  pass. 

And  the  motion  prevailed. 

Thereupon  Mr.  Gale  offered  the  following  amendment  and  moved 
its  adoption : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


547 


Amendment  No.  14. 

°fflce  ■’ the 

And  the  amendment  was  lost. 

tion  ;Mr  ■Dunlap  offerecl  the  following  amendment  and  moved  its  adop- 


Amendment  No.  15. 

Amend,  section  17  by  striking  out  all  the  words  alter  the  word  “equal.” 

And  the  amendment  was  adopted. 

„Q,,Thf  lUestl°n  a8'a!n  on  the  adoption  of  section  17.  as  amended, 

a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  59;  navs  2. 

1  nose  voting  in  the  affirmative  are :  Messrs. 


Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carey,  A.  J. 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Corlett 


o 

Cutting 
Davis 
Dawes 
De  Young 
Dryer 
Dunlap 
Dupuy,  G. 
Elting 
Fyke 
Gee 


Gray 

Green 

Hamill 

Hogan 

Hollenbeck 

Hull 

Iarussi 

Ireland 

Jack 

Johnson,  L.  C. 
Johnson,  W.  A. 
Dill 


Lindly 

Mack 

McBwen 

McGuire 

Michal 

Mighell 

Miller 

Mills 

Moore 

Morris 

Nichols 

Paddock 


Rinaker 

Shanahan 

Shuey 

Smith 

Stahl 

Taff 

Traeger  / 

Trautmann 

Warren 

Wilson 

Mr.  President 

Yeas — 59. 


Gilbert 

Goodyear  _ _  rauu( 

Those  voting  in  the  negative  are :  Messrs. 

Cale  Meinert 

Section  17,  having  received  the  votes  of  a  majority  of  the  Ddeglles 

ected  was  declared  passed,  and.  under  the  rules,  was  re-referred  to  the 

T  Phrfeol°gy  and  Style  for  action  as  provided  bv  Rule  St)' 

ventifvn  tlhe  hoUI' °f  6:30  °’c,ock  p-  m-»  Mr.  Miller  moved  that  the  Con- 
mention  do  now  take  a  recess  until  8:00  o'clock  p.  m. 

And  the  motion  prevailed. 


sion. 


8  :00  o'Clock  P.  M. 

At  the  hour  of  8  :00  o’clock  p.  m„  the  Convention  resumed  its  ses- 
The  President  presiding. 

•  question  at  the  hour  of  taking  a  recess  l)ein°'  the  con- 

"ection'lO  P  Relf°rt  °f  the  Committee  011  Phraseology  and  Style, 

section  19  thereof  was  taken  up  and  read  at  large. 

pMr-  M,oms  ra]sed  the  point  of  no  quorum  and  thereupon  a  call  of 
the  Convention  was  had,  resulting  as  follows:  Present  58 
Those  answering  present  were :  Messrs. 

Adams  ~  — 

Barr 
Brandon 


Brewster 
Carey,  A.  J. 
Cary,  C.  D. 
Chew 
Clarke 
Corlett 
Cutting 
Dawes 


De  Young 
Dryer 
Dunlap 
Dupuy,  G.  A. 
Elting 
Gale 
Gilbert 
Goodyear 
Gray 
Green 
Hamill 


Hogan 

Hollenbeck 

Hull 

Ireland 

Jack 

Johnson,  L.  C. 
Johnson,  W.  A. 
Kerrick 
Lill 
Lindly 
Mack 


McBwen 

McGuire 

Meinert 

Mighell 

Miller 

Mills 

Moore 

Morris 

Nichols 

Paddock 


Rinaker 

Shanahan 

Shuey 

Smith 

Stahl 

Taff 

Trautmann 
Warren 
Wilson 
Mr.  President 


present  annom^“th«t  a  quorum  of  the  Convention*  was 


548 


JOURNAL  OF  THE 


[Mar.  8, 


Mr.  Brandon  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  16. 

Amend  section  19  by  adding  thereto  the  following:  “Nothing  in  this 
section  shall  prevent  the  General  Assembly  from  passing  laws  prohibiting 
the  inter-marriage  of  persons  of  different  races.” 

And  the  amendment  was  adopted. 

Mr.  Michal  offered  the  following  as  a  substitute  for  section  19,  as 
amended,  as  follows : 

“Laws  shall  be  applicable  alike  to  all  citizens,  without  discrimination, 
irrespective  of  race  or  color.” 

By  unanimous  consent,  Mr.  Michal  withdrew  his  substitute  and 
offered  in  lieu  thereof  the  following  amendment : 


Amendment  No.  17. 

Amend  section  19  by  striking  out  all  words  after  the  word  “color  ”  in 
line  3  and  inserting  a  period  thereafter. 


And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  19,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  41 ;  nays,  IT. 


Those 

voting  in  the  affirmative  are : 

Messrs. 

,  • 

Barr 

De  Young 

Hogan 

Lill 

Morris 

Brandon 

Dunlap 

Hollenbeck 

Lindly 

Nichols 

Brenholt 

Elting 

Hull 

Mack 

Paddock 

Carey,  A  J. 

Fyke 

Iarussi 

McGuire 

Shanahan 

Chew 

Gale 

Ireland 

Michal 

Shuey 

Corlett 

Gilbert 

Johnson,  L.  C. 

Mighell 

Smith 

Cutting 

Gray 

Johnson,  W.  A. 

Miller 

Sneed 

Davis 

Green 

Kerrick 

Mills 

Wilson 

Dawes 

Yeas — 41 

Those  voting  in  the  negative  are : 

Messrs. 

Adams 

Carlstrom 

Goodyear 

Meinert 

TafE 

Beckman 

Clarke 

Hamill 

Moore 

Warren 

Brewster 

Dryer 

Jack 

Stahl 

Mr.  President 

Cary,  C.  D. 

Gee 

McEwen 

Nays — 17 

Section  19,  having  received  the  votes  of  less  than  a  majority  of  the 
delegates  elected,  failed  to  pass. 

Mr.  Hamill  gave  notice  that  on  the  next  Convention  day  he  would 
move  to  reconsider  the  vote  by  which  section  19  had  failed  to  pass. 

Section  20  was  taken  up  and  read  at  large. 

Pending  roll  call  Mr.  Einaker  moved  that  further  consideration  of 
section  20  be  postponed. 

And  the  motion  prevailed. 

Mr.  Trautmann  gave  notice  that  on  the  next  Convention  day  he 
would  move  to  reconsider  the  vote  by  which  section  8  of  Report  No.  9, 
was  adopted. 

At  the  hour  of  10:10  o’clock  p.  m.,  Mr.  Carlstrom  moved  that  the 
Convention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed.. 

And  the  Convention  stood  adjourned. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


549 


THURSDAY,  MARCH  9,  1921,  9:00  O'CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding.  ,  , 

Prayer  was  offered  by  the  Rev.  A.  W.  Bartholomew,  of  the  hixst 

Presbyterian  Church,  of  Kansas.  .  .  ,  q 

The  Journal  of  Tuesday,  March  7th,  having  been  printed  and 

placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr.  Hamill  called  up  his  motion  to  reconsider  the  vote  by  which 
section  19,  of  Report  No.  9,  of  the  Committee  on  Phraseology  and  Style, 
had  failed  to  pass,  and  moved  that  further  consideration  of  the  motion 

to  reconsider  be  postponed. 

And  the  motion  prevailed. 

The  next  order  of  business  being  the  consideration  ol  Report  A  o. 
7  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  ol  Suffrage 
and  Elections,  section  1  thereof  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  ol  die 

roll  was  had,  resulting  as  follows:  Yeas,  56;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 

Adams  Dawes  G.reeiff 

Barr  Dryer  Hamill 

Beckman  Dunlap  Hogan 

-  Hollenbeck 

Hull 
Ireland 
Jack 

Johnson,  L.  C. 

Johnson,  W.  A. 

Kerrick 
Lill 


Brandon 
Brenholt 
Brewster 
Cazy,  C.  D. 
Carlstrom 
Chew 
Clarke 
Corlett 
Cutting 


Dawes 
Dryer 
Dunlap 
Dupuy,  G. 
Elting 
Fifer 
Fyke 
Gale 
Gee 
Gilbert 
Goodyear 
Gray 


Lindly 

Mack 

McGuire 

Meinert 

Mighell 

Mills 

Moore 

Morris 

Nichols 

Paddock 

Rinaker 


Scanlan 

Shanahan 

Shuey 

Smith 

Stahl 

Taff 

Trautmann 

Warren 

Wilson 

Mr.  President 

Yeas — 56. 


„  Nays — 0. 

ig  Gray  ,  ■ 

Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  J  . 
Section  2  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  oL  the 
roll  was  had,  resulting  as  follows:  Teas,  56;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


T1 

Adams 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Chew 

Clarke 

Corlett 

Cutting 


Dawes 
Dryer 
Dunlap 
Dupuy,  G.  A. 
Elting 
Fifer 
Fyke 
Gale 
Gee 
Gilbert 
Goodyear 
Gray 


Green 
Hamill 
Hogan 
Hollenbeck 
Hull 
Ireland 
Jack 

Johnson,  L».  C. 
Johnson,  W.  A. 
Kerrick 
Lill 


Lindly 

Mack 

McGuire 

Meinert 

Mighell 

Mills 

Moore 

Morris 

Nichols 

Paddock 

Rinaker 


Scanlan 

Shanahan 

Shuey 

Smith 

Stahl 

Taff 

Trautmann 

Warren 

Wilson 

Mr.  President 

Yeas — 56. 
Nays — 0. 


550 


JOURNAL  OF  THE 


[Mar.  9, 


Section  2,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  3  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  56:  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Dawes 

Green 

Lindly 

Scanlan 

Barr 

Dryer 

Hamill 

Mack 

Shanahan 

Beckman 

Dunlap 

Hogan 

McGuire 

Shuey 

Brandon 

Dupuy,  G. 

A.  Hollenbeck 

Meinert 

Smith 

Brenholt 

Elting 

Hull 

Mighell 

Stahl 

Brewster 

Fifer 

Ireland 

Mills 

Taft 

Cary,  C.  D. 

Fyke 

Jack 

Moore 

Trautmann 

Carlstrom 

Gale 

Johnson,  L.  C. 

Morris 

Warren 

Chew 

Gee 

Johnson,  W.  A. 

Nichols 

Wilson 

Clarke 

Gilbert 

Kerrick 

Paddock 

Woodward 

Corlett 

Goodyear 

Lill 

Rinaker 

Y  eas — 56. 

Cutting- 

Gray 

Nays — 0. 

Section 

3,  having 

received  the  votes  of  a  majority  of  the  Delegates 

elected,  was 

declared  passed,  and,  under  the  rules,  was 

re-referred  to  the 

Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 


Section  4  was  taken  up  and  read  at  large. 


i  o 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 

roll  was  had, 

resulting 

as 

follows :  Yeas, 

56 ;  nays,  0. 

Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Dawes 

Green 

Lindly 

Scanlan 

Barr 

Dryer 

Hamill 

Mack 

Shanahan 

Beckman 

Dunlap 

Hogan 

McGuire 

Shuey 

Brandon 

Dupuy,  G. 

A. 

Hollenbeck 

Meinert 

Smith 

Brenholt 

Elting 

Hall 

Mighell 

Stahl 

Brewster 

Fifer 

Ireland 

Mills 

Taff 

Cary,  C.  D. 

Fyke 

Jack 

Moore 

Trautmann 

Carlstrom 

Gale 

Johnson,  D.  C. 

Morris 

Wall 

Chew 

Gee 

Johnson,  W.  A. 

Nichols 

Wilson 

Clarke 

Gilbert 

Kerrick 

Paddock 

Mr.  President 

Corlett 

Goodyear 

Lill 

Rinaker 

Y  eas — 5  6. 

Cutting 

Gray 

Nays — 0. 

Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  5  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Hamill  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  1. 

Amend  section  5  by  striking  out  the  words  “and  able  to  read  and  write 
the  English  language.” 

And  the  amendment  was  lost. 


The  question  then  being  on  the  adoption  of  the  section,  a  call  of 
the  roll  was  had,  resulting  as  follows :  Yeas,  53 ;  nays,  2. 


Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Dryer 

Green 

Mack 

Scanlan 

Barr 

Dunlap 

Hogan 

McGuire 

Shanahan 

Beckman 

Dupuy,  G. 

A.  .  Hollenbeck 

Meinert 

Shuey 

Brenholt  , 

Elting 

Hull 

Mighell 

Smith 

Brewster 

Fifer 

Ireland 

Mills 

Stahl 

Cary,  C.  D. 

Fyke 

Jack 

Moore 

Taft 

Carlstrom 

Gale 

Johnson,  L.  C. 

Morris 

Trautmann 

Chew 

Gee 

Johnson,  W.  A. 

Nichols 

Warren 

Clarke 

Gilbert 

Kerrick 

Paddock 

Wilson 

Cutting 

Goodyear 

Lill 

Rinaker 

Mr.  President 

Dawes 

Gray 

Lindly 

Yeas — ! 

1922.] 


CONSTITUTIONAL  CONVEX T ION . 


551 


Those  voting  in  the  negative  are :  Messrs. 

Brandon  Corlett  .  Nayfc— X 

Section  5,  having  received  the  votes  oi  a  majority  ot  the  Delegate© 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Itule  20. 
Mr.  Clarke  moved  that  the  consideration  of  sections  b  and  /  be 

postponed. 

And  the  motion  prevailed. 

Section  8  was  taken  up  and  read  at  large. 

Whereupon  Mr.  lverrick  moved  that  consideration  be  postponed. 

The  question  being  on  the  motion  to  postpone,  a  division  of  the 
Convention  was  had,  resulting  as  follows:  Yeas,  21;  nays,  22. 

And  the  motion  prevailed. 

Section  9  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  oi  the 
roll  was  had,  resulting  as  follows :  Yeas,  58 ;  nays,  0. 

.  Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Gray 

Barr 

Dawes 

Green 

Beckman 

Dryer 

Hamill 

Brandon 

Dunlap 

Hogan 

Brenholt 

Dupuy,  G.  A. 

Hollenbeck 

Brewster 

Elting 

Hull 

Cary,  C.  D. 

Fifer 

Ireland 

Carlstrom 

Fyke 

Jack 

Catron 

Gale 

Johnson,  L.  C. 

Chew 

Gee 

Johnson,  W.  A. 

Clarke 

Gilbert 

Kerrick 

Corlett 

Goodyear 

Lill 

Lindly 

Mack 

McGuire 

Meinert 

Mighell 

Mills 

Moore 

Morris 

Nichols 

Paddock 

Rinaker 

Scanlan 


Shanahan 

Shuey 

Smith 

Sneed 

Stahl 

Taft 

Trautmann 

Warren 

Wilson 

Mr.  President 

Yeas — 58. 
Nays — 0. 


Section  9,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

The  Convention  proceeding  upon  the  consideration  of  Report  No. 
12,  of  the  Committee  on  Pharseology  and  Style,  on  the  subject  of  Legis¬ 
lative  Department,  section  1  thereof  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  57;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Dawes 

Green 

Mack 

Barr 

Dryer 

Hamill 

McGuire 

Beckman 

Dunlap 

Hogan 

Meinert 

Brandon 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Brenholt 

Elting 

Hull 

Mills 

Brewster 

Fifer 

Ireland 

Moore 

Cary,  C.  D. 

Fyke 

Jack 

Morris 

Carlstrom 

Gale 

Johnson,  L.  C. 

Nichols 

Catron 

Gee 

Johnson,  W.  A. 

Paddock 

Clarke 

Gilbert 

Kerrick 

Rinaker 

Corlett 

Goodyear 

Lill 

Scanlan 

Cutting 

Gray 

Lindly 

Shanahan 

Shuey 

Smith 

Sneed 

Stahl 

Taft 

Trautmann 
W  arren 
Wilson 
Mr.  President 

Yeas — 57. 
Nays — 0. 


Section  1,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  2  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  58 ;.  nays,  0. 


552 


JOURNAL  OF  THE 


[Mar.  9, 


Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

Cutting 

Gray 

Lindly 

Shanahan 

Barr 

Dawes 

Green 

Mack 

Shuey 

Beckman 

Dryer 

Hamill 

McGuire 

Smith 

Brandon 

Dunlap 

Hogan 

Meinert 

Sneed 

Brenholt 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Stahl 

Brewster 

Elting 

Hull 

Mills 

Taffi 

Cary,  C.  D. 

Fifer 

Ireland 

Moore 

Trautmann 

Carlstrom 

Fyke 

Jack 

Morris 

Warren 

Catron 

Gale 

Johnson,  L.  C. 

Nichols 

Wilson 

Chew 

Gee 

Johnson,  W.  A. 

Paddock 

Mr.  President 

Clarke 

Gilbert 

Kerrick 

Rinaker 

Yeas — 5 

Corlett 

Goodyear 

Lill 

Scanlan 

Nays — 1 

KJKZV  L1W11  SJy  iia  V  illg  ICLCIVCU  VOILO  l  cl  axaclj  oil  vj 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  3  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had 

,  resulting  as 

follows :  Yeas, 

58;  nays,  0. 

Those  v 

oting  in  the  affirmative  are : 

Messrs. 

Adams 

Cutting 

Gray 

Lindly 

Shanahan 

Barr 

Dawes 

Green 

Mack 

Shuey 

Beckman 

Dryer 

Hamill 

McGuire 

Smith 

Brandon 

Dunlap 

Hogan 

Meinert 

Sneed 

Brenholt 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Stahl 

Brewster 

Elting 

Hull 

Mills 

TafE 

Cary,  C.  D. 

Fifer 

Ireland  * 

Moore 

Trautmann 

Carlstrom 

Fyke 

Jack 

Morris 

Warren 

Catron 

Gale 

Johnson,  L.  C. 

Nichols 

Wilson 

Chew 

Gee 

Johnson,  W.  A. 

Paddock 

Mr.  President 

Clarke 

Gilbert 

Kerrick 

Rinaker 

Yeas — 5 

Corlett 

Goodyear 

Lill 

Scanlan 

Nays — i 

o. 


Section  3,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  4  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


Adams 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Cati  on 

Chew 

Clarke 

Corlett 


oting  in  the  affirmative  are : 

Messrs. 

Cutting 

Gray 

Lindly 

Dawes 

Green 

Mack 

Dryer 

Hamill 

McGuire 

Dunlap 

Hogan 

Meinert 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Elting 

Hull 

Mills 

Fifer 

Ireland 

Moore 

Fyke 

Jack 

Morris 

Gale 

Johnson,  L.  C. 

Nichols 

Gee 

Johnson,  W.  A. 

Paddock 

Gilbert 

Kerrick 

Rinaker 

Goodyear 

Lill 

Scanlan 

Shanahan 

Shuey 

Smith 

Sneed 

Stahl 

Taft 

Trautmann 
Warren 
Wilson 
Mr.  President 

Yeas — 58. 
Nays — 0. 


octuuu  -X,  Having  - J - - - o 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  5  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  moved  that  the  report  of  the  Committee  of 
the  Whole,  on  section  5,  be  substituted  for  section  5  of  the  report  of  the 
Committee  on  Phraseology  and  Style. 

And  the  question  being  on  the  adoption  of  the  substitute  it  was 
decided  in  the  affirmative. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


553 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Corlett 


Dryer 
Dunlap 
Dupuy,  G.  A. 
Elting 
Fifer 
Fyke 
Gale 
Gee 
Gilbert 
Goodyear 


Lindly 

Mack 

McGuire 

Meinert 

Mighell 

Mills 

Moore 

Morris 

Nichols 

Paddock 

Rinaker 

Scanlan 


Shanahan 

Shuey 

Smith 

Sneed 

Stahl 

Taff 

Trautmann 

Warren 

Wilson 

Mr.  President 

Yeas — 58. 
Nays — 0. 


Amendment  No.  1. 

Amend  section  5,  as  amended,  by  striking  out  the  word  “to”  after  the 
word  “bribe,”  in  line  16,  and  inserting  the  word  “to”  after  the  woid  indi- 
rectly”  in  next  line. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  5,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  58;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 

Cutting  Gray 

Dawes  GreeI?„ 

Hamill 
Hogan 
Hollenbeck 
Hull 
Ireland 
Jack 

Johnson,  L.  C. 

Johnson,  W.  A. 

Kerrick 

X  uuuujfcai  Lill  _  _  .  T  1  , 

Section  5,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as_  provided  by  Pule  20. 
By  unanimous  consent  consideration  of  section  8  was  postponed. 
Section  9  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  or  the 
roll  was  had,  resulting  as  follows :  Yeas,  58  ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 

Gray 
Green 
Hamill 
Hogan 
Hollenbeck 
Hull 
Ireland 
Jack 

Johnson,  L.  C. 

Johnson,  W.  A. 

Kerrick 

,t  Lill 

Section  9,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Pharesology  and  Style  for  action  as  provided  bv  hule  J). 
Section  10  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  ot  the 
roll  was  had,  resulting  as  follows:  Yeas,  58,  nays,  0. 

Those  voting  in  the  affirmative  are : 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D 
Carlstrom 
Catron 
Chew 
Clarke 
Corlett 


Cutting 
Dawes 
Dryer 
Dunlap 
Dupuy,  G.  A. 
Elting 
Fifer 
Fyke 
Gale 
Gee 

Gilbert 
Goodyear 


Lindly 

Mack 

McGuire 

Meinert 

Mighell 

Mills 

Moore 

Morris 

Nichols 

Paddock 

Rinaker 

Scanlan 


Shanahan 

Shuey 

Sneed 

Smith 

Stahl 

Taff 

Trautmann 

Warren 

Wilson 

Mr.  President 

Yeas — 5  8 . 
Nays — 0. 


Messrs. 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Corlett 


Cutting 
Dawes 
Dryer 
Dunlap 
Dupuy,  G. 
Elting 
Fifer 
Fyke 
Gale 
Gee 
Gilbert 


Gray 
Green 
Hamill 
Hogan 

A.  Hollenbeck 
Hull 
Ireland 
Jack 

Johnson,  L.  C. 
Johnson,  W.  A. 
Kerrick 
Lill 


Lindly 

Mack 

McGuire 

Meinert 

Mighell 

Mills 

Moore 

Morris 

Nichols 

Paddock 

Rinaker 

Scanlan 


Shanahan 

Shuey 

Smith 

Sneed 

Stahl 

Taff 

Trautmann 

Warren 

Wilson 

Mr.  President 

Y  eas — 5  8 
Nays — 0. 


Goodyear  - 

Section  10,  having  received  the  votes  of  a  majority  of  the  Delegate." 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule 


554 


JOURNAL  OF  THE 


[Mar.  9, 


Section  11  was  taken  np  and  read  at  large.  .  * 

•  And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  58;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Gray 

Lindly 

Shanahan 

Barr 

Dawes 

Green 

Mack 

Shuey 

Beckman 

Dryer 

Hamill 

McGuire 

Smith 

Brandon 

Dunlap 

Hog-an 

Meinert 

Sneed 

Brenholt 

Dupuy,  G.  A. 

Hollenbeck 

Mig-hell 

Stahl 

Brewster 

Elting 

Hull 

Mills 

Taff 

Cary,  C.  D. 

Fifer 

Ireland 

Moore 

Trautmann 

Carlstrom 

Fyke 

Jack 

Morris 

Warren 

Catron 

Gale 

Johnson,  L.  C. 

Nichols 

Wilson 

Chew 

Gee 

Johnson,  W.  A. 

Paddock 

Mr.  President 

Clarke 

Gilbert 

Kerrick 

Rinaker 

Yeas — 58. 

Corlett 

Goodyear 

Lill 

Scanlan 

Nays — 0. 

Section  11,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  12  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had,  resulting  as  follows:  Yeas,  58;  nays,  0. 


Those 

voting  in  the 

affirmative  are : 

Messrs.. 

Adams 

Cutting 

Gray 

Lindly 

Shanahan 

Barr 

Dawes 

Green 

Mack 

Shuey 

Beckman 

Dryer 

Hamill 

McGuire 

Smith 

Brandon 

Dunlap 

Hogan 

Meinert 

Sneed 

Brenholt 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Stahl 

Brewster 

Elting- 

Hull 

Mills 

Taff 

Caiy,  C.  D. 

Fifer 

Ireland 

Moore 

Trautmann 

Carlstrom 

Fyke 

Jack 

Morris 

Warren 

Catron 

Gale 

Johnson,  L.  C. 

Nichols 

Wilson 

Chew 

Gee 

Johnson,  W.  A. 

Paddock 

Mr.  President 

Clarke 

Gilbert 

Kerrick 

Rinaker 

Y  eas — o  8. 

Corlett 

Goodyear 

Lill 

Scanlan 

Nays — 0. 

Section  12,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseo!  ogv  and  Style  for  action  as  provided  by  Rule  20. 
By  unanimous  consent  consideration  of  section  13  was  postponed. 
Section  14  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had, 

resulting  as 

follows:  Yeas, 

58;  nays,  0. 

Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

Cutting 

Gray 

Lindly 

Shanahan 

Barr 

Dawes 

Green 

Mack 

Shuey 

Beckman 

Dryer 

Hamill 

McGuire 

Smith 

Bfandon 

Dunlap 

Hogan 

Meinert 

Sneed 

Brenholt 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Stahl 

Brewster 

Elting 

Hull 

Mills 

Taff 

Cary,  C.  D. 

Fifer 

Ireland 

Moore 

Trautmann 

Carlstrom 

Fyke 

Jack 

Morris 

Warren 

Catron 

Gale 

Johnson,  L.  C. 

Nichols 

Wilson 

Chew 

Gee 

Johnson,  W.  A. 

Paddock 

Mr.  President 

Clarke 

Gilbert 

Kerrick 

Rinaker 

Yeas — 58. 

Corlett 

Goodyear 

Lill 

Scanlan 

Nays — 0. 

Section  14,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  15  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption: 


1922.] 


CONSTITUTIONAL  CONVENTION. 


K  fc? 

DOD 


Amendment  No.  2. 


Amend  section  15  by  inserting  after  the  word  “receive”  the  words  “or 
hold”;  also  by  inserting  after  the  word  “any”  the  word  “lucrative”;  also  by 
striking  out  the  words  “from  the  Governor,”  and  inserting  in  lieu  thereof 
the  words  “in  this  State.”  So  that  the  section  will  read: 

“Section  15.  No  person  elected  to  the  General  Assembly  shall  receive  or 
hold  any  lucrative  civil  appointment  in  this  State  during  the  term  for  which 
he  is  elected.” 


And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  15,  as  amended, 


Adams 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Caylstrom 

Catron 

Chew 

Clarke 

Corlett 


oting  in  the  affirmative  are : 

Messrs. 

Cutting 

Gray 

Lindly 

Shanahan 

Dawes 

Green 

Mack 

Shuey 

Dryer 

Hamill 

McGuire 

Smith 

Dunlap 

Hogan 

Meinert 

Sneed 

Dupuy,  G.  A. 

Hollenbeck 

Mighell 

Stahl 

Elting 

Hull 

Mills 

Taff 

Fifer 

Ireland 

Moore 

Trautmann 

Fyke 

Jack 

Morris 

Warren 

Gale 

Johnson,  L.  C. 

Nichols 

Wilson 

Gee 

Johnson,  W.  A. 

Paddock 

Mr.  President 

Gilbert 

Kerrick 

Rinaker 

Yeas — 5 

Goodyear 

Lill 

Scanlan 

Nays — 1 

Section  15,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Buie  20. 
Section  23  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Shanahan  offered  the  following  amendment  and 
moved  its  adoption :  .  ’ 


Amendment  No.  3. 

Amend  section  23  by  substituting  therefor  Article  IV  of  the  Constitution 
of  1870,  as  follows: 

“The  General  Assembly  shall  have  no  power  to  release  or  extinguish,  in 
whole  or  in  part,  the  indebtedness,  liability,  or  obligation  of  any  corporation 
or  individual  to  this  State  or  to  any  municipal  corporation  therein.” 

And  the  amendment  was  adopted. 

Pending  roll  call  Mr.  Green  moved  that  further  consideration  of 
section  23  be  postponed. 

And  the  motion  prevailed. 

Section  24  was  taken  up  and  read  at  large. 

Pending  roll  call  Mr.  Shanahan  moved  that  further  consideration 
of  section  24  be  postponed. 

And  the  motion  prevailed. 

Mr.  Trautmann,  in  accordance  with  his  notice  of  yesterday,  moved 
to  reconsider  the  vote  by  which  section  8,  of  Report  Xo.  9,  of  the  Com¬ 
mittee  on  Phraseology  and  Style,  was  adopted,  and  that  further  consid¬ 
eration  of  the  motion  to  reconsider  be  postponed. 

And  the  motion  prevailed. 

The  Convention  proceeding  on  the  order  of  reports  of  Standing 
Committees,  Mr.  Clarke  submitted  the  following  report: 


556 


JOURNAL  OF  THE 


[Mar.  9, 


Report  No.  8. 


YOUR  COMMITTEE  OX  PHRASEOLOGY  AXD  STYLE,  TO 
WHICH  WAS  REFERRED  A  PROPOSAL  EXTITLED  CHI¬ 
CAGO  AXD  COOK  COUXTY  (IXTRODUCTIOX  XO.  385. 
REFEREXCE  XO.  17),  AS  AMEXDED  IX  COMMITTEE  OF 
THE  WHOLE,  RESPECTFULLY  REPORTS  THAT  IT  HAS 
COXSIDERED  SUCH  PROPOSAL,  AXD  HEREWITH  SETS 
FORTH  IX  PARALLEL  C'OLUMXS  ARTICLE  I  OF  SAID 
PROPOSAL  AS  ADOPTED  IX  COMMITTEE  OF  THE  WHOLE 
OX  THE  LEFT,  AXD  A  SUBSTITUTE  THEREFOR  AS  RE- 
COMMEXDED  BY  THIS  COMMITTEE  OX  THE  RIGHT. 


Resolved,  That  the  following  shall  become  a  part  of  the  Constitu 
tion  of  Illinois: 


Section  1.  Except  as  expressly 
limited  by  law  the  City  of  Chicago 
is  hereby  granted  and  declared  to 
possess  full  and  complete  powers  of 
local  self-government  and  corporate 
action  for  all  municipal  purposes. 
The  city  may  assess  and  collect 
taxes  and  borrow  money  for  cor¬ 
porate  purposes  only  as  authorized 
by  law. 


Section  2.  Charter  Convention. 
The  legislative  authority  of  the  City 
of  Chicago  may  provide  for  the  call¬ 
ing  of  an  elective  convention  to 
frame  a  city  charter,  or  to  amend 
any  existing  charter,  and  the  power 
hereby  granted  shall  be  a  continuing 
power.  The  question  whether  a  Con¬ 
vention  shall  be  called  shall  be  sub¬ 
mitted  at  an  election  held  prior  to 
the  election  for  delegates.  The  char¬ 
ter  framed  by  the  Convention  and 
all  amendments  thereof,  proposed  as 
provided  therein,  shall  be  submitted 
to  and  adopted  by  the  voters  of  the 
city  in  the  manner  provided  by  the 
Convention.  The  election  laws  of 
the  State  and  the  powers  and  duties 
existing  thereunder  may,  by  the  leg¬ 
islative  authority  of  the  city,  or  by 
the  Convention,  be  made  available 


Section  1.  Except  as  expressly 
prohibited  by  law,  the  City  of  Chi¬ 
cago  is  hereby  declared  to  possess, 
for  all  municipal  purposes,  full  and 
complete  power  of  local  self-govern¬ 
ment  and  corporate  action.  This 
grant  of  power  shall  be  liberally  con¬ 
strued  and  no  power  shall  be  denied 
the  city  bj'  reason  of  not  being  speci¬ 
fied  in  any  present  or  future  law. 
The  city,  however,  may  impose  taxes 
and  borrow  money  only  as  authorized 
by  law. 

Until  otherwise  provided  by  the 
city  charter,  the  powers  heretofore 
granted  the  city  shall  be  preserved 
and  exercised  in  accordance  with  law 
and  the  additional  powers  granted  by 
this  article  shall  be  exercised  by,  or 
in  accordance  with  city  ordinances. 

Section  2.  The  legislative  author¬ 
ity  of  the  City  of  Chicago,  from  time 
to  time,  and  after  approval  of  the 
proposition  at  an  election  in  such 
manner  as  it  may  provide,  may  call 
an  elective  convention  to  frame  a 
new  city  charter  or  to  revise  or 
amend  any  existing  charter.  The 
proposals  of  any  such  convention 
shall  be  submitted  to  the  voters  for 
adoption  in  the  manner  provided  by 
it.  Subsequent  amendments  may  also 
be  proposed  and  submitted  to  the 
voters  in  such  manner  as  the  charter 
may  provide.  State  election  laws 
and  the  powers  and  duties  existing 
thereunder  shall  be  available  for  the 
purposes  of  this  section. 

The  charter  so  framed,  revised  or 
amended  and  ordinances  passed 


1922.] 


CONSTITUTIONAL  CONVENTION. 


557 


for  the  purpose  of  the  charter.  The 
General  Assembly  may  enact  further 
election  laws  in  aid  of  this  section. 

Provisions  of  the  charter,  or  of 
amendments  of  or  additions  to  the 
charter,  or  ordinances  passed  in  pur¬ 
suance  thereof,  which  relate  to  the 
organization  of  the  government  of 
the  city,  to  the  distribution  of  pow¬ 
ers  among  its  official  agencies  or  to 
the  tenure  and  compensation  of  its 
officials  shall  prevail  over  the  stat¬ 
utes  of  the  State  in  conflict  there¬ 
with.  In  other  matters  the  charter 
or  ordinances  passed  thereunder 
shall  conform  to  the  State  law. 

A  certified  copy  of  said  charter  or 
any  amendment  thereto  shall  be  filed 
with  the  Secretary  of  State  within 
thirty  days  after  its  adoption  by 
referendum  vote  and  shall  not  take 
effect  until  so  filed. 

Rates  of  compensation,  as  well  as 
conditions  of  appointment  and  pro¬ 
motion  in  the  civil  service  of  the 
city  shall  be  determined  according 
to  a  general  plan,  which  shall  recog¬ 
nize  merit  and  fitness  as  controlling 
principles. 

Section  3.  Eminent  Domain. 
The  City  of  Chicago  shall  have 
power  to  condemn  private  property 
(including  public  utilities  and  the 
privileges  or  licenses  held  in  connec¬ 
tion  therewith)  for  public  use  in 
accordance  with  law.  The  power  to 
condemn  property  lying  outside  of 
the  corporate  limits  shall  be  deter¬ 
mined  by  law. 

Section  4.  Public  Utilities.  The 
power  of  the  city  to  own,  acquire, 
construct,  operate  or  let  or  lease  for 
operation  public  utilities,  or  to  sell 
the  same  or  the  product  or  service 
thereof,  shall  not  be  denied  by  law, 
but  may  be  reasonably  regulated  by 
general  law. 

Section  5.  The  city  shall  be  au¬ 
thorized  to  join  with  any  other  mu¬ 
nicipality,  in  such  manner  as  may  be 
provided  by  law,  for  the  joint  con¬ 
struction  of  local  improvements, 
public  utilities  or  other  local  serv¬ 
ices. 

Section  6.  Special  Legislation  and 
Local  Consent.  The  General  Assem¬ 
bly  may  enact  local  or  special  laws 
relating  to  the  governmental  affairs 


thereunder  shall  prevail  over  State 
laws  so  far  as  the  organization  of 
the  City  Government,  the  distribu¬ 
tion  of  powers  among  its  official 
agencies,  and  the  tenure  and  com¬ 
pensation  of  its  officers  and  em¬ 
ployees  are  concerned. 

Rates  of  compensation  as  well  as 
conditions  of  appointment  and  pro¬ 
motion  in  the  classified  civil  service 
of  the  city  shall  be  determined  ac¬ 
cording  to  a  general  plan  which  shall 
recognize  merit  and  fitness  as  con¬ 
trolling  principles. 


Section  3.  In  the  exercise  of  the 
power  of  eminent  domain  by  the  City 
of  Chicago,  public  utilities  and  their 
privileges  and  licenses  shall  be 
deemed  private  property. 


Section  4.  The  City  of  Chicago, 
subject  to  reasonable  regulation  by 
general  law,  may  own,  acquire,  con¬ 
struct,  operate,  sell,  pledge,  lease  or 
let  public  utilities,  or  buy  or  sell  the 
service  thereof. 


Section  5.  (Omitted.  Taken  care 
of  by  amendment  to  Section  11,  of 
Revenue  Article.) 


Section  6.  Laws  affecting  the  mu¬ 
nicipal  affairs  of  the  City  of  Chicago 
only  may  be  passed  but  shall  not 
take  effect  until  the  city  consents 


558 


JOURNAL  OF  THE 


[Mar.  9, 


of  the  City  of  Chicago,  but  such 
laws  shall  not  become  effective  until 
consented  to  by  the  city.  A  law 
which  at  the  time  of  its  enactment 
is  applicable  to  the  governmental 
affairs  of  no  other  city  than  the  City 
of  Chicago  shall  be  deemed  a  local  or 
special  law. 

Section  7.  The  consent  of  the  city 
shall  also  be  required  for  the  crea¬ 
tion  or  for  the  enlargement  of  any 
municipal  corporation  (other  than  a 
county)  exercising  taxing  powers  in 
any  part  of  the  City  of  Chicago  or 
for  the  increase  of  the  taxing  powers 
of  any  such  municipal  corporation 
hereafter  created  or  enlarged. 


Section  8.  The  consent  of  the 
city,  whenever  required  by  this  Con¬ 
stitution.  shall  be  expressed  by  ordi¬ 
nance,  and  the  General  Assembly, 
the  city  council  or  the  charter  may, 
in  addition,  require  the  submission 
of  the  proposition  to  the  voters  of 
the  city.  Any  ordinance  consenting 
to  the  creation,  enlargement  or  con¬ 
solidation  of  taxing  bodies  as  pro¬ 
vided  in  this  article  shall  not  take 
effect  until  ninety  days  after  its  en¬ 
actment,  and  if  within  that  period 
either  one-third  of  the  members  of 
the  legislative  authority  of  the  city 
or  five  thousand  voters  demand  its 
submission  to  popular  vote,  it  shall 
not  take  effect  until  submitted  to  the 
voters  in  accordance  with  law  and 
approved  by  a  majority  of  those  vot¬ 
ing  upon  the  question. 

Section  9.  Consolidation.  Munici¬ 
palities  Wholly  Within  the  City  and 
Overlapping  Townships.  The  charter 
framed  by  an  elective  convention  as 
herein  authorized,  may  provide  for 
the  consolidation  (in  whole  or  in 
part)  with  the  City  of  Chicago,  of 
any  or  all  of  the  municipal  corpora¬ 
tions  and  local  governments,  boards 
or  authorities  exercising  taxing  pow¬ 
ers  or  any  powers  of  government 
confined  to  the  territory  now  or  here- 


Section  8.  The  consent  of  the  City 
of  Chicago  shall  be  required  for  the 
creation  or  enlargement  of  any  mu¬ 
nicipal  corporation  (except  a  county) 
exercising  taxing  powers  within  the 
city  or  for  any  increase  of  the  tax¬ 
ing  powers  of  'any  such  municipal 
corporation  hereafter  created  or  en¬ 
larged.  No  ordinance  expressing 
such  consent  shall  take  effect  until 
ninety  days  after  its  enactment,  and 
if  within  that  time  either  5,000  vot¬ 
ers  or  one-third  of  the  legislative 
authority  of  the  city  petition  that 
body  to  submit  the  question  at  an 
election  the  ordinance  shall  not  take 
effect  until  approved  by  a  majority 
of  those  voting  on  the  question. 

Section  7.  The  consent  of  the  city 
w  henever  required  by  this  article 
shall  be  expressed  by  ordinance,  but 
the  General  Assembly,  the  city  char¬ 
ter  cr  the  ordinance  may  prescribe 
in  addition  approval  by  the  voters. 


Sections  9,  10  and  11.  Any  con- 
\  ention  called  under  Section  2  of  this 
article  or  any  charter  framed,  re¬ 
vised  or  amended  under  that  section, 
may  provide: 

(a)  For  the  consolidation  with 
the  City  of  Chicago  of  any  or  all 
local  governments  or  other  au¬ 
thorities  (in  whole  or  in  part) 
now  or  hereafter  exercising  pow¬ 
ers  confined  to  the  city  limits; 
and  also  that  part  of  any  township 


1922.] 


CONSTITUTIONAL  CONVENTION. 


559 


after  embraced  within  the  limits  of 
the  City  of  Chicago.  The  charter  so 
framed  may  also  provide  that  where 
any  township  embraces  territory 
partly  within  and  partly  without  the 
present  or  future  limits  of  the  city, 
the  part  within  the  city  shall  be  de¬ 
tached  from  such  township  and  con¬ 
solidated  with  the  city.  Any  munici¬ 
pal  corporation,  local  government, 
board  or  authority  consolidated  with 
the  city  shall  be  abolished  and  the 
city  shall  assume  all  the  debts  and 
liabilities  and  succeed  to  all  the 
rights  and  property  thereof.  In  case 
township  government  shall  be  con¬ 
solidated  with  the  city,  the  powers 
of  township  officers,  insofar  as  they 
relate  to  the  collection  of  taxes,  shall 
be  exercised  by  the  county  treasurer, 
until  otherwise  provided  by  law. 


(partly  within  and  partly  without 
the  city)  now  or  hereafter  lying 
within  the  city  limits.  No  such 
consolidation  shall  take  effect  un¬ 
til  the  question  is  approved  by  the 
voters  of  the  city  in  the  manner 
provided  by  the  Convention  or  by 
the  charter.  After  consolidation 
with  the  city  of  any  township  (or 
part  thereof)  the  powers  of  all  offi¬ 
cers  therein  relating  to  collection 
of  taxes  shall  be  exercised  by  the 
county  treasurer  until  otherwise 
provided  by  law. 

(b)  For  the  consolidation  with 
the  City  of  Chicago  of  the  Sani¬ 
tary  District  of  Chicago  and  the 
Forest  Preserve  District  of  Cook 
County,  or  either  of  them.  No 
consolidation  of  either  of  said  dis¬ 
tricts  shall  take  effect  until  ap¬ 
proved  at  an  election  by  a  majority 
of  those  voting  on  the  question 
both  in  the  district  and  in  the  city. 
The  question  of  consolidation  of 
either  district  shall  be  submitted 
to  the  voters  thereof  as  a  sepa¬ 
rate  proposition,  and  the  election 
officials  responsible  for  conduct- 
•  ing  elections  therein  shall  submit 
the  question  in  the  manner  pro¬ 
vided  by  the  Convention  or  by  the 
charter.  The  city  shall  exercise 
no  taxing  power  outside  its  limits 
by  virtue  of  consolidating  either 
district.  Upon  consolidation  of  the 
Sanitary  District  with  the  City  of 
Chicago,  and  until  otherwise  pro¬ 
vided  by  law,  the  city  shall  fur¬ 
nish  without  charge  sewage  dis¬ 
posal  or  other  service  beyond  its 
limits  in  the  district,  to  the  ex¬ 
tent  then  furnished  by  the  dis¬ 
trict;  and  the  city  may  be  re¬ 
quired  by  law  to  furnish  for  a 
reasonable  charge  increased  sew¬ 
age  disposal  service  in  such  terri¬ 
tory. 

Any  local  government  or  body  con¬ 
solidated  with  the  City  of  Chicago 
under  this  section  shall  be  abolished 
and  the  city  shall  succeed  to  all  the 
powers,  property  and  liabilities 
thereof.  If  any  consolidation  pro¬ 
posed  under  this  section  fails  to  be 
approved  at  any  election,  the  ques¬ 
tion  may  be  resubmitted  from  time 
to  time  in  the  manner  provided  by 
the  charter. 


560 


JOURNAL  OF  THE 


[Mar.  9, 


Section  10.  Consolidation  of  Sani¬ 
tary  District  and  of  Forest  Preserve 
District.  The  charter  may  also  pro¬ 
vide  for  the  consolidation  of  the 
government  of  the  sanitary  district 
of  Chicago  and  of  the  forest  preserve 
district  of  Cook  county,  or  of  either, 
with  the  government  of  the  City  of 
Chicago.  Such  consolidation  shall, 
as  regards  each  of  said  districts,  be 
submitted  as  a  separate  proposition 
to  the  voters  of  the  entire  district 
and  shall  not  become  effective  unless 
the  vote  in  its  favor  shall  be  cast  by 
a  majority  of  the  voters  of  the  dis¬ 
trict  as  well  as  by  a  majority  of  the 
city,  voting  upon  the  question.  The 
charter  shall  prescribe  the  manner 
and  fix  the  time  of  submitting  such 
proposition  to  a  vote.  If  such  prop¬ 
osition  shall  fail  to  be  approved  at 
any  election,  it  may  thereafter  be  re¬ 
submitted  from  time  to  time  in  such 
manner  as  the  charter  may  prescribe. 
It  shall  be  the  duty  of  all  election 
officials  responsible  for  conducting 
elections  within  either  of  said  dis¬ 
tricts  or  any  part  thereof,  to  submit 
such  proposition  to  the  voters  thereof 
in  accordance  with  the  provisions  of 
the  charter. 

Upon  such  consolidation  becoming 
effective,  the  title  to  and  the  control 
and  management  of  all  the  property 
then  held  by  the  district  thus  con¬ 
solidated  shall  be  vested  in  the  city, 
and  the  city  shall  have  all  powers 
and  assume  all  debts  and  liabilities 
of  the  district,  but  shall  exercise  no 
taxing  powers  over  territory  outside 
of  the  city  limits  by  virtue  of  such 
consolidation. 

The  word  “charter,”  as  used  in  this 
section  and  the  preceding  section, 
shall  be  construed  to  include  any 
amendment  thereof  and  the  power 
of  consolidation  hereby  granted  shall 
be  deemed  to  be  a  continuing  power. 

Section  11.  After  consolidation  of 
the  sanitary  district  and  until  other¬ 
wise  provided  by  law,  the  city  shall 
continue  to  furnish  to  the  inhabi¬ 
tants  of  the  territory  within  the 
district  as  constituted  at  the  time 
of  the  consolidation,  but  lying  be¬ 
yond  the  present  or  future  limits  of 
the  city,  without  cost  or  expense  to 
them  or  to  the  municipalities  within 
such  territory,  sewage  disposal  serv¬ 
ice  to  the  extent  furnished  to  them 
by  the  district  at  that  time.  The 
General  Assembly  shall  have  no 


1922.] 


CONSTITUTIONAL  CONVENTION. 


561 


power  to  enlarge  the  obligation 
thereby  assumed  by  the  city  except 
to  require  the  city  to  furnish  to  the 
inhabitants  of  the  municipalities  in 
such  territory,  or  any  part  thereof, 
at  their  own  cost  and  expense  addi¬ 
tional  or  increased  service  for  sewage 
disposal  purposes.  All  duties  or  obli¬ 
gations  imposed  by  law  at  the  time 
of  such  consolidation  for  the  benefit 
of  the  inhabitants  of  such  territory, 
or  any  part  thereof,  upon  the  city 
or  sanitary  district  with  respect  to 
other  forms  of  service  shall  be  as¬ 
sumed  by  the  city  unless  it  shall  be 
relieved  therefrom  by  the  General 
Assembly. 

Section  12.  Tax  Rate  After  Con¬ 
solidation.  After  consolidation  in 
whole  or  in  part,  and  until  a  new 
tax  ■  rate  shall  have  been  established 
by  law,  the  city  may  levy,  in  addi¬ 
tion  to  the  annual  general  tax  on 
the  property  then  authorized  to  be 
levied,  an  annual  tax  equal  to  the 
amount  of  the  taxes  caused  to  be  ex¬ 
tended  upon  the  collector’s  warrants 
in  the  year  last  preceding  the  con¬ 
solidation  by  the  taxing  authorities 
so  consolidated  with  the  city. 

Section  13.  Park  Consolidation  Act 
Preserved.  The  foregoing  provisions 
concerning  consolidation  shall  not 
affect  the  right  of  the  city,  acting 
through  the  city  council,  or  other¬ 
wise,  to  avail  itself  of  the  provisions 
of  an  Act  entitled  ‘  An  Act  to  consoli¬ 
date  in  the  government  of  the  City  of 
Chicago  the  powers  and  functions 
new  vested  in  local  governments  and 
authorities  within  the  territory  of 
said  city  and  to  make  provision  con¬ 
cerning  the  same,”  approved  June 
23th,  1915,  or  any  amendment  thereof. 

Section  14.  Legislative  Consolida¬ 
tion.  The  General  Assembly  may 
provide  additional  or  alternative 
methods  for  the  consolidation  of  local 
governments  with  the  City  of  Chi¬ 
cago,  subject  to  the  consent  of  the 
city. 

Section  15.  Debt  Limit  After  Con¬ 
solidation.  The  City  of  Chicago,  in 
the  event  of  any  one  or  more  of  the 
municipal  corporations  lying  wholly 
or  partly  within  said  city  becoming 
consolidated  therewith,  and  in  the 


Section  12.  After  any  consolida¬ 
tion  authorized  by  the  foregoing 
section  has  taken  effect,  and  until 
a  new  tax  rate  is  fixed  by  law,  the 
City  of  Chicago  may  levy  an  addi¬ 
tional  annual  tax  equal  to  the 
amount  of  taxes  caused  to  be  ex¬ 
tended  by  the  authority  so  consoli¬ 
dated  upon  the  collector’s  warrants 
in  the  year  last  preceding  consoli¬ 
dation. 


Section  13.  The  rights  of  the  City 
of  Chicago  under  the  Act  for  the 
Consolidation  of  Local  Governments, 
approved  June  29,  1915,  or  any 

amendment  thereof,  are  not  affected 
by  this  article. 


Section  14.  The  General  Assembly 
may  provide  other  methods  for  con¬ 
solidating  local  authorities  with  the 
City  of  Chicago,  subject  to  its  con¬ 
sent. 


Section  15.  After  any  consolida¬ 
tion  authorized  by  this  article  has 
taken  effect,  the  City  of  Chicago  may 
become  indebted  in  the  aggregate 
up  to  5  per  cent  of  the  full  value 
of  the  taxable  property  therein  as 


—36  C  J 


562 


JOURNAL  OF  THE 


[Mar.  9? 


event  of  said  city  becoming  liable  for 
the  indebtedness  of  any  such  munici¬ 
pal  corporations,  may  become  in¬ 
debted  to  an  amount  (including  its 
existing  indebtedness  and  the  indebt¬ 
edness  of  all  municipal  corporations 
lying  wholly  within  the  limits  of  said 
city,  and  said  city’s  proportionate 
share  of  the  indebtedness  of  the 
County  of  Cook,  the  Forest  Preserve 
District  of  Cook  County,  and  the 
Sanitary  District  of  Chicago)  in  the 
aggregate  not  exceeding  5  per  centum 
cf  the  full  value  of  the  taxable  prop¬ 
erty  within  its  limits  as  ascertained 
by  the  last  assessment  for  State  and 
county  taxes  previous  to  the  incur¬ 
ring  of  such  indebtedness,  but  no  new 
bonded  indebtedness  (other  than  for 
refunding  purposes)  shall  be  incurred 
until  the  proposition  therefor  shall 
be  consented  to  by  a  majority  of  the 
legal  voters  of  said  city  voting  upon 
the  question.  The  city’s  proportion¬ 
ate  share  of  the  indebtedness  of  the 
County  of  Cook  and  of  other  munici¬ 
pal  corporations  herein  named  shall 
bear  the  same  ratio  of  the  entire  in¬ 
debtedness  thereof  as  the  value  of 
the  taxable  property  of  such  munici¬ 
pal  corporations  within  the  city  bears 
to  the  value  of  the  entire  taxable 
property  of  such  municipal  corpora¬ 
tions  as  ascertained  by  the  last  as¬ 
sessment  for  State  and  county  pur¬ 
poses. 


Section  16.  No  municipal  corpo¬ 
ration  hereafter  created  within  the 
County  of  Cook  having  territory  cov¬ 
ering  the  territory  of  the  City  of 
Chicago  or  any  part  thereof  shall  be 
allowed  to  become  indebted  otherwise 
than  to  the  extent  of  its  current  an¬ 
nual  revenues. 

Section  17.  Subject  to  sections  8, 
9,  10,  11  and  12  of  the  revenue  arti¬ 
cle,  the  General  Assembly  shall  have 
power  to  permit  the  City  of  Chicago 
after  the  consolidation  with  said  city 


ascertained  by  the  last  assessment 
for  State  and  county  taxes  previous 
to  incurring  the  debt.  In  computing 
such  aggregate  amount  there  shall 
be  included  the  existing  indebted¬ 
ness  of  the  city,  and  of  all  munic¬ 
ipal  corporations  within  the  city, 
and  also  the  city’s  proportionate 
share  (determined  according  to  valu¬ 
ation  of  taxable  property)  of  the 
existing  indebtedness  of  all  munic¬ 
ipal  corporations  partly  within  and 
partly  without  the  city. 


SuGGESTIONED  AS  A  SUBSTITUTE  FOR 

Section  15. 


The  City  of  Chicago  may  become 
indebted  in  the  aggregate  up  to  5 
per  cent  of  the  full  value  of  the  tax¬ 
able  property  therein  as  ascertained 
by  the  last  assessment  for  State  and 
county  taxes  previous  to  incurring 
the  debt.  In  computing  sucn  aggre¬ 
gate  amount  there  shall  be  included 
in  the  indebtedness  of  the  city,  the 
then  existing  indebtedness  of  all  mu¬ 
nicipal  corporations  within  the  city, 
and  the  city’s  proportionate  share 
(determined  according  to  valuation 
of  taxable  property)  of  the  then  ex¬ 
isting  indebtedness  of  all  municipal 
corporations  (except  the  County  of 
Cook)  partly  within  and  partly  with¬ 
out  the  city.  No  municipal  corpora¬ 
tion  -wholly  or  partly  within  the  city 
(except  the  County  of  Cook)  shall 
hereafter  have  its  indebtedness  in¬ 
creased  without  the  city’s  consent. 

Section  15*4  .The  City  of  Chicago 
shall  incur  no  new  bonded  indebted¬ 
ness  (except  for  refunding  purposes) 
without  the  approval  at  an  election 
of  a  majority  of  those  voting  on  the 
question. 

Section  16.  No  municipal  corpor¬ 
ation  hereafter  created  covering  any 
part  of  the  territory  of  the  City  of 
Chicago  shall  become  indebted  be¬ 
yond  the  amount  of  its  current  an¬ 
nual  revenues. 


Section  17.  After  consolidation 
with  the  City  of  Chicago  of  all  local 
authorities  (other  than  the  County 
of  Cook)  lying  wholly  or  partly 
within  the  city,  the  General  Assem- 


1922.] 


CONSTITUTIONAL  CONVENTION. 


563 


of  all  of  the  municipal  corporations 
lying-  wholly  or  partly  within  said 
city,  to  become  indebted  to  an  amount 
to  be  fixed  by  it  in  the  aggregate  ex¬ 
ceeding  the  limit  prescribed  by  this 
Constitution,  but  such  action  of  the 
General  Assembly  shall  not  become 
effective  until  approved  by  an  ordi¬ 
nance  of  the  legislative  authority  of 
the  city  agreed  to  by  two-thirds  vote 
of  its  full  membership  and  by  a  fa¬ 
vorable  vote  of  three-fifths  of  the 
voters  of  the  city  voting  upon  the 
Question. 

Such  an  ordinance  shall  not  be 
adopted  oftener  than  once  in  ten 
years  and  the  maximum  limit  of  in¬ 
debtedness,  when  so  extended,  shall 
never  exceed  10  per  cent  of  the  full 
value  of  the  taxable  property  within 
the  corporate  limits  of  the  City  of 
Chicago  as  ascertained  by  the  last 
assessment  for  State  and  county 
taxes. 

Such  an  ordinance  if  rejected  shall 
not  be  resubmitted  within  two  years 
from  the  date  of  such  original  sub¬ 
mission. 

The  limit  of  special  indebtedness 
made  possible  under  sections  9,  10 
and  11  of  the  revenue  article  shall 
in  no  case  be  increased  under  the 
provisions  of  this  section. 


bly  may  authorize  the  city  to  be¬ 
come  indebted,  in  addition  to  the 
debt  limit  prescribed  elsewhere  in 
this  Constitution,  up  to  10  per  cent 
of  the  full  value  of  all  taxable  prop¬ 
erty  in  the  city  as  ascertained  by  the 
last  assessment  for  State  and  county 
taxes.  Any  increase  of  the  debt  limit 
authorized  by  this  section  shall 
further  require  an  ordinance  passed 
by  two-thirds  of  those  elected  to  the 
Legislative  Authority  of  the  City 
and  approved  at  an  election  by  three- 
fifths  of  those  voting  on  the  question. 
No  such  increase  shall  be  authorized 
oftener  than  once  in  ten  years  and 
the  approving  ordinance  if  rejected 
at  the  election  shall  not  be  resub¬ 
mitted  within  two  years. 


Respectfully  submitted, 

Elmer  L.  Clarke,  Chairman , 
Trios.  Rinaker, 

Charles  B.  T.  Moore, 

George  A.  Barr, 

Edward  H.  Brewster. 


MEMORANDUM  FROM  COMMITTEE  ACCOMPANYING 

REPORT. 


Your  committee,  under  date  of  September  6,  1921,  submitted  a 
report  on  this  article,  but  under  date  of  January  3,  1922,  that  report 
was  recommitted  by  the  Convention  to  this  committee.  Your  committee 
has  again  carefully  studied  and  revised  the  proposal  as  adopted  in  Com¬ 
mittee  of  the  Whole  and  herewith  submits  a  revision  of  the  article  which 
has  been  worked  out  with  the  assistance  and  co-operation  of  the  chair¬ 
man  of  the  Committee  on  Chicago  and  Cook  County  and  which  has  his 
approval. 

At  the  suggestion  of  the  chairman  of  the  Committee  on  Chicago  and 
Cook  County  there  is  submitted  herewith  an  alternative  suggestion  for 
section  15.  This  alternative  suggestion  contains  certain  substantive 


564 


JOURNAL  OF  THE 


[Mar.  9, 


changes  made  necessary  by  what  seem  to  be  substantial  objections  to  the 
section  in  its  present  form.  This  section  is  largely  taken  from  section 
34  of  Article  I A  of  the  Constitution  of  1870,  but  certain  changes  were 
made  by  the  Committee  of  the  Whole  in  the  provision  as  found  in  the 
present  Constitution.  For  example,  in  the  draft  of  the  Committee  of  the 
Whole  the  provisions  of  the  section  come  into  operation  after  one  con¬ 
solidation  has  taken  effect,  while  in  the  present  Constitution  the  section 
does  not  come  into  effect  until  two  consolidations  have  taken  effect. 

The  real  purposes  of  this  section,  when  it  is  analyzed,  seem  to  be 
three-fold.  (1)  It  is  intended  to  give  the  City  of  Chicago  (after  one 
consolidation  has  been  effected)  a  debt  limit  based  on  5  per  cent  of  the 
full'  value  of  the  taxable  property  therein  as  contrasted  with  the  debt 
limit  for  other  municipal  corporations  fixed  by  the  Revenue  Article  at 
5  per  cent  of  the  assessed  value.  In  other  words,  when  the  section  comes 
into  effect — and  as  long  as  under  the  law  the  assessed  value  of  property 
is  fixed  at  one-half  the  full  value — the  City  of  Chicago  would  have  twice 
the  debt  limit  which  it  would  have  under  the  Revenue  Article.  (2) 
The  section,  however,  is  intended  to  prevent  “overlapping”  of  municipal 
corporations  in  such  a  way  as  to  eventually  make  the  actual  debt  limit 
of  the  territory  within  the  City  of  Chicago  considerably  above  5  per  cent 
of  the  full  value  of  the  taxable  property  therein.  (3)  The  section  is  in¬ 
tended  to  hasten  and  encourage  the  consolidation  of  the  various  taxing 
bodies  now  found  within  the  city  by  making  the  increased  debt  limit 
conditional  upon  the  consolidation  of  one  or  more  of  such  bodies. 

An  analysis  of  the  section  as  it  is  found  in  the  present  Constitution 
— and  as  it  is  found  in  the  draft  of  the  Committee  of  the  Whole — will 
show  that  these  purposes  are  not  secured  to  the  extent  desired.  In  the 
first  place,  the  City  of  Chicago  has  not  succeeded  in  consolidating  any 
of  the  local  governments  intended  to  be  consolidated,  and  in  fact  has  not 
attempted  to  consolidate  any  of  them,  although  the  present  provision 
has  been  in  the  Constitution  since  1904.  In  the  second  j^lace,  under 
the  present  Constitution,  and  under  the  draft  of  the  Committee  of  the 
Whole,  it  is  possible  for  the  indebtedness  of  the  territory  within  the  City 
of  Chicago  to  be  raised  to  an  aggregate  which  is  very  much  in  excess  of 
5  per  cent  of  the  full  value  of  the  taxable  property  therein.  This  is  due 
to  the  fact  that  by  “overlapping”  of  the  Sanitary  District,  the  Forest 
Preserve  District  and  various  smaller  municipal  corporations,  each  with 
a  debt  limit  under  the  Constitution  up  to  5  per  cent  of  the  assessed 

^  ^  e  ccumulated  an  aggregate  debt  for  the  territory 

within  the  cit}T,  (it  has  been  estimated)  of  25  per  cent  of  the  full  value 

of  the  taxable  property  within  the  city  limits.  Of  course  legislative 

action  would  be  required  before  that  result  could  be  accomplished,  but 

it  should  be  remembered  that  the  purpose  of  this  section  is  after  all  a 

limitation  on  the  General  Assembly.  For  these  and  other  reasons  this 

section  should  be  carefullv  reconsidered. 

*/ 

Tour  committee  has  made  no  substantive  changes  in  any  part  of  the 
article;  the  purpose  of  your  committee  being  simply  to  shorten  and 
clarify  the  language  used.  Attention  should  be  called  to  the  fact  that 
in  section  4  your  committee  has  inserted  the  word  “pledge,”  because  it 


1922.] 


CONSTITUTIONAL  CONVENTION. 


565 


was  the  understanding  of  your  committee  that  the  Convention  intended 
to  give  full  power  to  the  City  of  Chicago  over  the  public  utilities  in 
question,  including  the  power  to  mortgage  such  property.  If  this  is  not 
the  intention  of  the  Convention  the  word  “pledge”  should  be  stricken 
out. 

Ihe  report  of  the  committee  was  ordered  printed  and  the  proposal 
placed  on  the  order  of  second  reading. 

At  the  hour  of  11 :45  o’clock  a.  m.,  Mr.  Green  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  March  14,  1922,  at  10:00 
oAlock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


566 


JOURNAL  OF  THE 


[Mar.  14, 


TUESDAY,  MARCH  14,  1922,  10  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Pev.  J.  Brainard  Brown,  of  the  First 
Baptist  Church,  of  Petersburg. 

The  Journal  of  Wednesday,  March  8th,  having  been  printed  and 
placed  on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

At  the  hour  of  10 :55  o’clock  a.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2  :00  o'Clock  P.  M. 

The  hour  of  2  :00  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The.  President  presiding. 

At  the  hour  of  2  :15  o’clock  p.  m.,  Mr.  Bindley  moved  that  the  Con¬ 
vention  do  now  adjourn  until  Tuesday,  April  18,  1922,  at  10 .00 

o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1922.] 


CON  ST  I TUTIO  X  AL  CON  VEXTI  OX. 


507 


TUESDAY,  APRIL  18,  1922,  10  :00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

Mr.  Trautmann,  President  pro  tem.,  presiding. 

The  Journal  of  Thursday,  March  9,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and,  no  corrections  appearing,  was  ordered  to  stand  approved. 

Mr.  Fyke  announced  the  death  of  Colonel  J.  Mack  Tanner,  of  Flora, 
Illinois,  Delegate  from  the  Forty-second  District,  and  on  his  motion  the 
following  committee  of  fifteen  Delegates  was  appointed  to  attend  the 
funeral:  Messrs.  Fyke,  Paddock,  Catron,  Fifer,  Moore,  Mills,  Lindly, 
Trautmann,  Barr,  Dunlap,  Gilbert,  Hollenbeck,  Sneed,  Wall  and  Carl- 
strom. 

At  the  hour  of  10:15  o’clock  a.  m.,  Mr.  Paddock  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  April  25,  1922,  at  10  :00 
o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


568 


JOURNAL  OF  THE 


[Apr.  25. 


TUESDAY,  APRIL  25,  1922,  10:00  O'CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  J.  C.  Brown,  of  the  First  Methodist 
Episcopal  Church,  of  Bushville. 

The  Journal  of  Tuesday,  April  14tli,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing  was  ordered  to  stand  approved. 

At  the  hour  of  10  :50  o’clock  a,  m.  Mr.  Hamill  moved  that  the 
Convention  do  now  take  a  recess  until  3  :00  o’clock  p.  m. 

Pending  consideration  Mr.  Dunlap  asked  that  a  call  of  the  Con¬ 
vention  be  had  to  ascertain  if  a  quorum  was  present,  which  resulted  as 
follows :  Present,  49. 

Those  answering  present  were :  Messrs. 


Adams 

Dietz 

Hogan 

Meinert 

Smith 

Barr 

Dunlap 

Hull 

Mighell 

Sutherland 

Brenholt 

Dupuy,  G.  A. 

Iarussi 

Miller 

Taft 

Brewster 

Elting 

Ireland 

Mills 

Torrance 

Catron 

Fyke 

Jack 

Moore 

Traeger 

Clarke 

Gale 

Jaiman 

Paddock 

Trautmann 

Corlett 

Gilbert 

Johnson,  L.  C. 

Pinnell 

Wall 

Cutting 

Goodyear 

Kunde 

Rinaker 

Wilson 

Davis 

Gray 

Lindly 

Shanahan 

Mr.  President 

Dawes 

Hamill 

McGuire 

Shuey 

Present — 

The  President  announced  that  less  than  a  quorum  of  the  Conven¬ 
tion  was  present. 

The  question  then  being  on  the  motion  to  take  a  recess  it  was  de¬ 
cided  in  the  affirmative. 


3  :00  o’Clock  P.  M. 

The  hour  of  3  :00  o’clock  p.  m.  having  arrived  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

Mr.  Hamill  offered  the  following  resolution  and  moved  its  adoption : 

Resolution  No.  37. 

Resolved,  That  this  Convention  shall  remain  in  daily  session,  Sunday 
excepted,  to  and  including  the  6tli  day  of  May,  or  until  all  proposals  on 
second  reading  are  sooner  disposed  of. 

Second — That  there  be  a  roll  call  at  the  opening  of  the  morning  session 
each  day. 

Third — That  to  each  delegate  shown  absent  by  the  roll  call  on  this  reso¬ 
lution  for  whom  insufficient  or  no  excuses  have  been  made,  the  Sergeant- 
at-Arms  be  instructed  to  send  the  following  telegram: 

“I  am  instructed  by  the  Constitutional  Convention  to  advise  you  that 

the  Convention  is  now  in  session  and  will  continue  in  session  except  for 


1922.] 


CONSTITUTIONAL  CONVENTION. 


569 


Sunday  through  May  6th  and  your  presence  is  required.  Please  wire  me 
when  you  will  arrive.” 

Fourth — That  the  President  be  and  is  hereby  authorized  to  enforce  the 
attendance  of  all  delegates  shown  by  any  roll  call  to  be  absent  and  for  whom 
insufficient  or  no  excuses  are  made  and  to  that  end  may  issue  his  writs  and 
order  the  absent  delegates  to  he  taken  into  custody  by  the  Sergeant-at-Arms. 

The  question  being  on  the  adoption  of  the  resolution,  a  call  of  the 
roll  was  had,  resulting  as  follows  :  Yeas,  52 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Dawes 

Hogan 

Mighell 

Stahl 

Barr 

Dietz 

Hollenbeck 

Miller 

Sutherland 

Brenholt 

Dunlap 

Hull 

Mills 

Taff 

Brewster 

Dupuy,  G.  A. 

Iarussi 

Mocre 

Torrance 

Cary,  C.  D. 

Elting 

Ireland 

Paddock 

Traeger 

Catron 

Fyke 

Jack 

Pinnell 

Trautmann 

Clarke 

Gale 

Jarman 

Rinaker 

Wall 

Coolley 

Gilbert 

Kunde 

Shanahan 

Wilson 

Corlett 

Goodyear 

Lindly 

Shuey 

Mr.  President 

Cutting 

Gray 

McGuire 

Smith 

Yeas — 52. 

Davis 

Hamill 

Meinert 

Nays — 0. 

And  the  resolution  was  adopted. 

The  Convention  proceeding  upon  the  further  consideration  of 
Report  Yo.  12,  of  the  Committee  on  Phraseology  and  Style,  on  the  sub¬ 
ject  of  Legislative  Department,  section  13  thereof  was  again  taken  up. 

Whereupon  Mr.  Clarke  offered  the  following  as  a  substitute  for  sec¬ 
tion  13  and  moved  its  adoption : 

Section  13.  Every  bill  shall  be  read  by  title  on  three  different  days  in 
each  House,  but  the  rules  of  either  House  may  provide  for  the  reading  of 
bills  at  greater  length  on  second  or  third  reading.  The  bill  and  all  amend¬ 
ments  thereto  (except  any  amendment  striking  out  the  emergency  clause) 
shall  be  printed  before  final  passage.  When  passed  by  both  Houses  the 
bill  shall  be  signed  by  the  presiding  officers  and  the  fact  of  signing,  together 
with  the  fact  of  printing  and  of  presentation  to  the  Governor  and  the  date 
of  such  presentation,  shall  be  entered  upon  the  Journals.  No  act  hereafter 
passed  shall  embrace  more  than  one  subject  and  that  shall  be  expressed  in 
the  title;  but  any  act  embracing  a  subject  not  expressed  in  the  title  shall 
be  void  only  as  to  such  subject.  No  act  shall  be  revived  by  reference  to 
its  title  only.  An  act  expressly  amending  an  act  shall  set  forth  at  length 
the  section  or  sections  as  amended. 

No  appropriation  act  shall  take  affect  until  the  first  day  of  July  succeed¬ 
ing  its  enactment  and  no  other  act  shall  take  effect  until  sixty  days  after  the 
adjournment  of  the  session  at  which  it  was  enacted;  but  in  case  of  emerg¬ 
ency  (which  shall  be  expressed  in  the  body  of  the  act)  the  General  Assembly 
may  direct  otherwise,  by  a  vote  of  two-thirds  of  its  members  elected  to  each 
House. 

The  question  being  on  the  adoption  of  the  substitute  it  was  decided 
in  the  affirmative. 

Mr.  Jarman  offered  the  following  amendment  to  section  13  and 
moved  its  adoption; 

Amend  section  13  by  inserting  after  the  wcrd  passage,  in  line  7,  the 
following:  “No  bill  shall  be  passed  or  become  a  law  and  no  report  of  any 
Conference  Committee,  unless  it  shall  have  been  printed  and  upon  the  desks 
of  the  members  at  least  three  calendar  legislative  days  prior  to  its  final 
passage.” 

Pending  discussion  Mr.  Dunlap  moved  that  further  consideration 
of  section  13  be  postponed. 

And  the  motion  prevailed. 

Section  16  was  taken  up  and  read  at  large. 


570 


JOURNAL  OF  THE  [Apr.  25, 


Ancl  the  question  being  on  the  adoption  of  the  section,  a  call  of 
the  roll  was  had,  resulting  as  follows :  Yeas,  52 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Dietz 

Hollenbeck 

Mighell 

Stahl 

Barr 

Dunlap 

Hull 

Miller 

Sutherland 

Brenholt 

Dupuy,  G.  A. 

Iarussi 

Mills 

Taft 

Brewster 

Elting 

Ireland 

Mo<3re 

Torrance 

Catron 

Fyke 

Jack 

Paddock 

Traeger 

Clarke 

Gale 

Jarman 

Pinnell 

Trautmann 

Coolley 

Gilbert 

Johnson,  B.  C. 

Rinaker 

Wall 

Corlett 

Goodyear 

Kunde 

Shanahan 

%  Wilson 

Cutting 

Gray 

Lindly 

Shuey 

Air.  President 

Davis 

Hamill 

McGuire 

Smith 

Yeas — 52. 

Dawes 

Hogan 

Meinert 

Nays — 0. 

Section  16,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to 
the  Committee  on  Phraseology  and  Style  for  action  as  provided  by 
Pule  20. 

Section  17  was  taken  up  and  read  at  large. 

Pending  roll  call,  by  unanimous  consent,  further  consideration  of 
section  17  was  postponed. 

Section  18  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Dunlap  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  4. 

The  expenses  of  each  department  of  State  Government  shall  be  provided 
for  in  separate  appropriation  bills. 

By  unanimous  consent,  the  foregoing  amendment  was  withdrawn 
for  the  purpose  of  putting  it  in  better  form. 

Pending  discussion,  Mr.  Clarke  moved  that  further  consideration 
of  section  18  be  postponed. 

And  the  motion  prevailed. 

Section  18 y2  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Sutherland  offered  the  following  amendment  and 
moved  its  adoption : 


Amendment  No.  5. 

Amend  section  18%  by  inserting  after  the  word  “voting”  in  line  4  on 
page  75,  the  words  “for  members  of  the  General  Assembly.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  the  section,  as  amended, 
pending  roll  call  Mr.  Davis  moved  that  further  consideration  of  section 
18 i/2  be  postponed. 

And  the  motion  prevailed. 

Section  19  was  taken  up  and  read  at  large. 

AAThereupon  Mr.  Dawes  offered  the  following  amendment  and  moved 
its  adoption : 

Amendment  No.  6. 

Amend  section  19  by  adding  at  the  end  thereof  the  following:  “But 
the  General  Assembly  may  provide  for  the  creation  of  death  disability  or 
retirement  funds  for  public  employees.” 

The  question  being  on  the  adoption  of  the  amendment  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  23;  nays,  25. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


571 


Ancl  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  the  section,  pending 
roll  call  Mr.  Einaker  moved  that  further  consideration  of  section  19  be 


potsponed. 

And  the  motion  prevailed. 

Section  20  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  52  ;  nays, 


0. 


Messrs. 


Adams 

Dawes 

Hogan 

Mighell 

Barr 

'Dietz 

Hollenbeck 

Miller 

Brenholt 

Dunlap 

Hull 

Mills 

Brewster 

Dupuy,  G.  A. 

Iarussi 

Moore 

Cary,  C.  D. 

Elting 

Jack 

Paddock 

Catron 

Fyke 

J  arman 

Pinnell 

Clarke 

Gale 

Johnson,  L.  C. 

PUnaker 

Coolley 

Corlett 

Gilbert 

Kunde 

Shanahan 

Goodyear 

Lindly 

Shuey 

Cutting 

Davis 

Gray 

Hamill 

McGuire 

Meinert 

Smith 

Stahl 

Sutherland 

Taff 

Torrance 

Traeger 

Trautmann 

Wall 

Wilson 

Mr.  President 

Yeas — 52. 
Nays — 0. 


Section  20,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  21  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Jarman  offered  the  following  amendments  and 
moved  their  adoption : 


Amendment  No.  7. 

Amend  section  21  by  inserting  after  the  words  “section  21”  the  follow¬ 
ing:  “The  general  session  of  the  General  Assembly  shall  continue  not 

longer  than  100  days.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Teas,  27  ;  nays,  20. 

And  the  amendment  was  adopted. 


Amendment  No.  8. 

Amend  section  21  by  inserting  after  the  words  “one  hundred  days”  die 

following: 

“Each  member  of  the  General  Assembly  shall  receive  for  his  services 
not  to  exceed  twenty  dollars  a  day  for  every  day  he  shall  attend  the  ses¬ 
sion,  or  be  absent  on  account  of  his'  duties  as  a  member,  and  not  to  exceed 
ten  cents  for  each  mile  necessarily  traveled  for  one  round  trip  to  and  from 
the  seat  of  government,  to  be  computed  by  the  Auditor  of  Public  Accounts. 

So  that  the  section  shall  read  as  follows: 

“Each  member  of  the  General  Assembly  shall  receive  for  his  services 
not  to  exceed  twenty  dollars  a  day  for  every  day  he  shall  attend  the  session, 
or  be  absent  on  account  of  his  duties  as  a  member,  and  not  to  exceed  ten 
cents  for  each  mile  necessarily  traveled  for  one  round  trip  to  and  from 
the  seat  of  government,  to  be  computed  by  the  Auditor  of  Public  Accounts. 
The  pay  and  mileage  allowed  each  Senator  and  Representati\  e  shall  30 
certified  by  the  presiding  officer  of  their  respective  Houses,  and  published 
in  the  Journals;  and  no  Senator  or  Representative  shall  receive  any  other 
compensation,  or  allowance,  directly  or  indirectly,  for  any  purpose  whatever. 

Mr.  Sutherland  offered  the  following  amendment  to  the  amendment 
and  moved  its  adoption : 


572 


JOURNAL  OF  THE 


[Apr.  25, 


Amendment  No.  1  to  Amendment  No.  8. 

Amend  section  21  by  adding  thereto  the  following:  “No  law  increasing 
the  pay  or  allowance  of  members  of  the  General  Assembly  shall  take  effect 
until  the  second  regular  session  following  its  enactment.” 

X"he  question  being  on  the  adoption  of  the  amendment  to  the  amend¬ 
ment,  a  division  of  the  Convention  was  had  resulting  as  follows: 
Yeas,  20 ;  nays,  27. 

And  the  amendment  to  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  Yo.  8,  Mr. 
Shanahan  moved  that  further  consideration  be  postponed  until  tomorrow. 

And  the  motion  prevailed. 

Mr.  Hamill  moved  that  when  the  Convention  adjourns  today  it 
stand  adjourned  until  9  :00  o’clock  a.  m.  tomorrow. 

And  the  motion  prevailed. 

Mr.  Fyke  offered  the  following  resolution  and  moved  its  adoption : 

Resolution  No.  38. 

Whereas,  Colonel  J.  Mack  Tanner,  one  of  the  members  of  the  Illinois 
Constitutional  Convention,  died  in  the  city  of  Chicago,  April  15,  1922;  and 
Whereas,  Colonel  Tanner,  the  distinguisned  son  of  an  illustrious  father 
served  the  people  of  the  State  of  Illinois  in  many  public  capacities  and  in 
his  death,  the  State  has  suffered  a  great  loss;  now,  therefore 

Be  it  resolved ,  ly  the  Constitutional  Convention  of  the  State  of  Illinois, 
That  the  members  thereof  express  their  sorrow  at  the  death  of  Colonel 
Tanner  and  their  sympathy  with  the  members  of  his  family;  and 

Be  it  fui  ther  >  esolved,  That  this  resolution  be  spread  on  the  records 
of  the  Contention,  that  a  suitably  engrossed  copy  thereof  be  forwarded  the 
familt  and,  as  a  further  mark  of  respect  and  affection  for  Colonel  Tanner, 
that  the  Convention  do  now  adjourn. 

The  resolution  was  unanimously  adopted  by  a  rising  vote  and.  in 
accordance  with  the  motion  heretofore  adopted,  the  Convention,  at 'the 
hour  of  6:45  o’clock  p.  m.,  stood  adjourned  until  9:00  o’clock  a.  m. 
tomorrow. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


573 


WEDNESDAY,  APEIL  26,  1922,  9:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  J.  C.  Brown,  of  the  First  Methodist 
Episcopal  Church,  of  Eushville. 

The  Journal  of  Tuesday,  April  18th,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  on  yesterday  the  Secre¬ 
tary  called  the  roll  of  the  Convention,  which  resulted  as  follows :  Pres¬ 
ent,  60. 


Those  voting  present  are:  Messrs. 


Adams 

Dawes 

Hollenbeck 

Meinert 

Stahl 

Barr 

Dietz 

Hull 

Mighell 

Sutherland 

Beckman 

Dunlap 

Ireland 

Miller 

Taff 

Brenholt 

Dupuy,  G.  A. 

Jack 

Mills 

Tebbens 

Brewster 

Elting 

Jarman 

Moore 

Torrance 

Cary,  C.  D. 

Fyke 

Johnson,  L.  C. 

Paddock 

Traeger 

Catron 

Gale 

Johnson,  W.  A. 

Pinnell 

Trautmann 

Clarke 

Gilbert 

Kunde 

Rinaker 

Wall 

Coolley 

Goodyear 

Lindly 

Shanahan 

Warren 

Corlett 

Gray 

Mayer 

Shuey 

Wilson 

Cutting 

Hamill 

McEwen 

Six 

Wolff 

Davis 

Hogan 

McGuire 

Smith 

Mr.  President 

Present — 60. 

The  pending  question  at  the  hour  of  adjournment  on  yesterday 
being  the  consideration  of  Amendment  No.  8,  to  section  21,  of  Eeport 
No.  12,  of  the  Committee  on  Phraseology  and  St}7le,  the  same  was  again 

taken  up. 

By  unanimous  consent  Mr.  Jarman  withdrew  all  that  portion  of  his 
amendment  after  the  words  “public  accounts”  in  line  9. 

Mr.  Trautmann  offered  the  following  amendment  to  Amendment 
No.  8,  and  moved  its  adoption. 


Amendment  No.  2  to  Amendment  No.  8. 

Amend  the  amendment  now  pending  by  striking  out  the  following  in 
lines  2,  3  and  4:  “for  every  day  he  shall  attend  the  session  or  be  absent  on 
account  of  his  duties  as  a  member,”  and  add  in  lieu  thereof  the  following: 
“for  every  day  that  the  General  Assembly  is  actually  in  session.” 

And  the  amendment  to  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  Amendment  No.  8,  a 
call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  28;  nays,  29. 


574 


JOURNAL  OF  THE  [Apr.  26 


Those 

voting  in  the  affirmative  are 

:  Messrs. 

Beckman 

Dupuy,  G.  A. 

Jarman 

Mighell 

Shuey 

Brandon 

F*yke 

Johnson,  L. 

C.  Mills 

Stahl 

Brewster 

Gale 

Johnson,  W.  A.  Moore 

Taff 

Cary,  C.  D. 

Hogan 

Mayer 

Pinnell 

Wall 

Coolley 

Hollenbeck 

McGuire 

Rinaker 

Wolff 

Corlett 

Jack 

Meinert 

Yeas — ! 

Those 

voting  in  the  negative  are: 

Messrs. 

Adams 

Dietz 

Ireland 

Paddock 

Traeger 

Brenholt 

Elting 

Kunde 

Six 

Trautrr.ann 

Catron 

Gilbert 

Lindly 

Smith 

Warren 

Clarke 

Goodyear 

McEwen 

Sutherland 

Wilson 

Davis 

Hamill 

Miller 

Tebbens 

Mr.  President 

Dawes 

Hull 

O’Brien 

Torrance 

Nays — : 

And  the  amendment  was 

lost. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  9. 

Amend  section  21  bv  inserting  after  the  words  “100  days”  the  following: 

“Each  member  of  the  General  Assembly  shall  receive  for  his  services  an 
amount  a  day  for  every  day  he  shall  attend  the  session  of  the  General  Assem¬ 
bly,  or  be  absent  on  account  of  his  duties  as  a  member,  and  not  to  exceed 
ten  cents  for  each  mile  necessarily  traveled  for  one  round  trip  to  and  from 
the  seat  of  government,  to  be  computed  by  the  Auditor  of  Public  Accounts.’ 

And  the  question  being  on  the  adoption  of  the  amendment,  a 
division  of  the  Convention  was  had,  resulting  as  follows:  Yeas,  27; 
nays,  28. 

And  the  amendment  was  lost. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  10. 

Amend  section  21  by  inserting  after  the  words  “100  days  ’  the  following. 

“Each  member  of  the  General  Assembly  shall  receive  for  his  services  not 
more  than  $2,000  for  each  biennial  period,  and  not  to  exceed  10  cents  a  mile 
for  each  mile  necessarily  traveled  for  one  round  trip  to  and  from  the  seat 
of  government  to  be  computed  by  the  Auditor  of  Public  Accounts. 

Mr.  Lindly  offered  the  following  amendment  to  the  amendment  and 
moved  its  adoption : 


Amendment  No.  1  to  Amendment  No.  10. 


Amend  Amendment  No.  10  by  striking  out  the  figures  “$2,000.00  ’  and 
inserting  in  lieu  thereof  the  figures  “$3,500.00.” 

The  question  then  being  on  the  adoption  of  Amendment  No.  1 
to  Amendment  No.  10,  a  call  of  the  roll  was  had,  resulting  as  follows: 


Yeas,  16;  nays,  41. 

Those  voting  in  the 

Catron  Gale 

Davis  Gilbert 

Dietz  Gray 

Elting 


affirmative  are :  Messrs. 

Ireland  Mayer 

Johnson,  L.  C.  McEWen 
Lindly  Paddock 


Taff 

Wall 

Wolff 

Yeas — 16. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


575 


Those  voting  in  the  negative  are:  Messrs. 

O’Brien 


Adams 

Dawes 

Jarman 

Brandon 

Dupuy,  G.  A. 

Johnson, 

Brenholt 

Fyke 

Kunde 

Brewster 

Goodyear 

McGuire 

Cary,  C.  D. 

Hamill 

Meinert 

Clarke 

Hogan 

Mighell 

Coolley 

Hollenbeck 

Mills 

Corlett 

Hull 

Moore 

Cutting 

Jack 

Rinaker 

Shuey 

Six 

Smith 

Stahl 

Sutherland 


Torrance 

Traeger 

Trautmann 

Warren 

Whitman 

Woodward 

Mr.  President 

Nays — 41. 

/ 


a 


And  the  amendment  to  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  Yo.  10, 
call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  29 ;  nays,  30. 


Those  voting  in  the  affirmative  are :  Messrs. 


Beckman 

Cutting 

Hollenbeck 

McGuire 

Shuey 

Brandon 

Elting 

Jack 

Meinert 

Stahl 

Brewster 

Fyke 

Jarman 

Mighell 

Taff 

Cary,  C.  D. 

Gale 

Johnson,  L. 

C.  Mills 

Warren 

Coolley 

Gray 

Johnson,  W.  A.  Pinnell 

Whitman 

Corlett 

Hogan 

Mayer 

Rinaker 

Yeas — ! 

Those  voting  in  the  negative  are: 

Messrs. 

Adams 

Dietz 

Kunde 

Paddock 

Traeger 

Brenholt 

Dupuy,  G.  Al 

Lindly 

Shanahan 

Trautmann 

Catron 

Gilbert 

McEwen 

Six 

Wall 

Clarke 

Goodyear 

Miller 

Smith 

Wolff 

Davis 

Hamill 

Moore 

Sutherland 

Woodward 

Dawes 

Hull 

O’Brien 

Todd 

Mr.  President 

Nays — 

And 

the  amendment  was  lost. 

30. 


By  unanimous  consent,  the  word  “general”  was  stricken  out  of 
section  21,  and  the  word  “regular”  inserted. 

The  question  then  being  on  the  adoption  of  section  21,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  27;  nays,  31. 


Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Brandon 

Brewster 

Cary,  C.  D. 

Coolley 

Fyke 


Gale 

Hogan 

Hollenbeck 

Ireland 

Jack 

Jarman 


Johnson,  L.  C.  Mills 

Johnson,  W.  A.  Moore 

McGuire  Pinnell 

Meinert  Rinaker 

Mighell  Shuey 


Beckman 
Brenholt 
Catron 
Clarke 
Corlett 
Cutting 
Davis 


Those  voting  in  the  negative  are:  Messrs. 

Gray  McEwen 

Hamill  Miller 

Hull  O’Brien 

Kunde  Paddock 

Lindly  Six 

Mayer  Smith 


Dawes 

Dietz 

Dupuy,  G.  A. 
Elting 
Gilbert 
Goodyear 


Stahl 

Sutherland 

Taft 

Wall 

Warren 

Teas — 2r 


Tebbens 

Torrance 

Traeger 

Trautmann 

Wilson 

Mr.  President 

Nays — 31. 


Section  21,  having  received  the  votes  of  less  than  a  majority  of  the 

Delegates  elected,  failed  to  pass. 

Section  21V.  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Sutherland  offered  the  following  amendment  and 
moved  its  adoption : 


Amendment  No.  11. 

Amend  section  21%  by  adding  thereto  the  following: 

“No1  law  increasing  the  pay  or  other  allowance  of  members  of  the  Genera, 
Assembly  shall  take  effect  until  the  second  regular  session  of  the  General 
Assembly  next  following  its  enactment.” 


JOURNAL  OF  THE 


[Apr.  26, 


^  AJ  Si 

o7o 


And  the  question  being  on  the  adoption  of  the  amendment,  a  divi¬ 
sion  of  the  Convention  was  had,  resulting  as  follows :  Yeas,  53 ;  nays,  0. 
And  the  amendment  was  adopted. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  12. 

Amend  section  21%  by  inserting  after  the  figures  “21% ”  in  line  one,  the 
following: 

“The  pay  and  mileage  allowed  each  Senator  and  Representative  shall  be 
certified  by  the  presiding  officers  of  their  respective  Houses  and  published  in 
the  journals;  and  no  Senator  or  Representative  shall  receive  any  ether  com¬ 
pensation  or  allowance.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  21  %,  as 
amended,  a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  60 ; 
nays,  0. 


Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

Dietz 

Hull 

Miller 

Sutherland 

Beckman 

Dunlap 

Ireland 

Mills 

Taft 

Brandon 

Dupuy,  G.  A. 

Jack 

Moore 

Tebbens 

Brenholt 

Elting 

Johnson,  L.  C. 

O’Brien 

Torrance 

Brewster 

Fyke 

Johnson,  W.  A. 

Paddock 

Traeger 

Cary,  C.  D. 

Gale 

Kunde 

Pinnell 

Trautmann 

Catron 

Gilbert 

Lindly 

Rinaker 

Wall 

Clarke 

Goodyear 

Mayer 

Shanahan 

Warren 

Coolley 

Gray 

McBwen 

Shuey 

Wilson 

Corlett 

Hamill 

McGuire 

Six 

Wolff 

Cutting 

Hogan 

Meinert 

Smith 

Mr.  President 

Davis 

Dawes 

Hollenbeck 

Mighell 

Stahl 

Yeas — 60 
Nays — 0 

Section  21%,  having  received  the  votes  of  a  majority  of  the  Dele¬ 


gates  elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred 
to  the  Committee  on  Phraseology  and  Style  for  action  as  provided  by 
Rule  20. 

Section  22  was  taken  up  and  read  at  large. 

'Whereupon  Mr.  Clarke  offered  the  following  amendment  and 
moved  its  adoption : 


Amendment  No.  13. 

Amend  section  22  by  changing  the  word  “and”  in  the  fourth  line  to  the 
word  “or”  so  that  the  second  paragraph  shall  read:  “Change  the  names  of 
persons  or  places;”. 

And  the  amendment  was  adopted. 

Mr.  Cutting  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  14. 

Amend  section  22  by  striking  out  the  6th  paragraph  thereof. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  22,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  56;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


577 


Those  voting  in  the  affirmative  are : 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Catron 
Clarke 
Coolley 
Corlett 
Cutting 


Davis 
Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 
Fyke 
Gale 
Gilbert 
Goodyear 
Gray 
Hamill 
Hogan 


Hollenbeck 
Hull 
Ireland 
Jack 

Johnson,  L.  C. 

Kunde 

Lindly 

Mayer 

McEwen 

McGuire 

Mighell 


Messrs. 

Miller 

Mills 

Moore 

O’Brien 

Paddock 

Pinnell 

Rinaker 

Shanahan 

Shuey 

Six 

Smith 


Stahl 

Sutherland 

Taff 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wolff 

Mr.  President 

Yeas — 56. 
Nays — 0. 


Section  22,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and  under  the  rules  was  re-ref eried  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
By  unanimous  consent,  consideration  of  section  23  was  postponed. 
Section  24  was  again  taken  up. 

Whereupon  Mr.  Shanahan  offered  the  following  amendment  and 
moved  its  adoption: 


Amendment  No.  15. 


Amend  section  24  by  striking  out  the  word  “majority”  and  inserting  in 
lieu  thereof  the  words  “two-thirds  vote.” 


And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  24,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  \  eas,  53 ;  nays  5. 


Those  voting  in  the  affirmative  are: 


Adams 

Beckman 

Brandon 

Brenholt 

Cary,  C.  D. 

Catron 

Clarke 

Coolley 

Corlett 

Cutting 

Davis 


Dawes 

Dietz 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fyke 

Gale 

Gilbert 

Goodyear 

Gray 

Hamill 


Hogan 

Hollenbeck 

Hull 

Jack 

Johnson,  L.  C. 

Kunde 

Lindly 

Mayer 

McEwen 

McGuire 

Meinert 


Messrs. 

Miller 

Mills 

Moore 

O’Brien 

Paddock 

Pinnell 

Rinaker 

Shanahan 

Shuey 

Six 


Smith 

Stahl 

Sutherland 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wolff 

Mr.  President 

Yeas — 53. 


Those  voting  in  the  negative  are:  Messrs. 

Brewster  Jarman  Johnson,  W.  A.  Mighell 


Taff 

Nays — 5. 


Section  24,  having  ‘received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  25  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Mayer  offered  the  following  amendment  and  moved 

its  adoption : 


Amendment  No.  16. 


Amend  section  25  by  .inserting  after  the  word  “state”  the  words,  “or 
political  subdivision  thereof.” 

The  question  then  being  on  the  adoption  of  the  amendment  a  divi¬ 
sion  of  the  Convention  was  had,  resulting  as  follows:  Teas,  25;  nays,  28. 
And  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  section  25,  a  call  ol  the 
roll  was  had,  resulting  as  follows:  Yeas,  58;  nays,  0. 


—37  C  J 


578 


JOURNAL  OF  THE 


[Apr.  26, 


Those 

voting  in  the  Affirmative  are : 

Messrs. 

Adams 

Dietz 

Hull 

Miller 

Beckman 

Dunlap 

Jack 

Mills 

Brandon 

Dupuy,  G.  A. 

Jarman 

Moore 

Brenholt 

Elting 

Johnson,  L.  C 

'.  O’Brien 

Brewster 

Dyke 

Johnson,  W. 

A.  Paddock 

Cary,  C.  D. 

Gale 

Kunde 

Parker 

Catron 

Gilbert 

Lindly 

Pinnell 

Clarke 

Goodyear 

Mayer 

Rinaker 

Coolley 

Gray 

McEwen 

Shanahan 

Corlett 

Hamill 

McGuire 

Shuey 

Cutting 

Hogan 

Meinert 

Six 

Davis 

Hollenbeck 

Mighell 

Smith 

Stahl 

Sutherland 
TafE 

Torrance 
Traeger 
Trautmann 
Wall 
Warren 
Wolff 

Mr.  President 

Teas — 58. 

^  Nays — 0. 

Section  25,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
(  ommittee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  26  was  taken  up  and  read  at  large. 

T\  hereupon  Mr.  Mayer  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  17. 

Amend  section  26  by  inserting  after  the  end  of  the  second  paragraph 
the  following  words:  “No  one  holding  public  office  for  hire  in  the  State  or 
any  subdivision  thereof  or  any  municipality  therein  shall  be  interested  in 
an.'  contract  "with  the  State  or  any  subdivision  thereof  or  municipality 
therein.” 

And  the  amendment  was  lost. 


The  question  then  being  on  the  adoption  of  section  26,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  59 ;  nays,  0. 

Those  voting  in  the  Affirmative  are :  Messrs. 


Adams 

Davis 

Hull 

Mighell 

Smith 

Barr 

Dietz 

Ireland 

Miller 

Stahl 

Beckman 

Dunlap 

Jack 

Mills 

Sutherland 

Brandon 

Dupuy,  G.  A. 

Jarman 

Moore 

Taff 

Brenholt 

Elting 

Johnson,  L.  C. 

O’Brien 

Tebbens 

Brewster 

Gale 

Johnson,  W.  A. 

Paddock 

Tra.eger 

Cary,  C.  D. 

Gilbert 

Kunde 

Parker 

Trautmann 

Catron 

Goodyear 

Lindly 

Pinnell 

Wall 

Clarke 

Gray 

Mayer 

Rinaker 

Warren 

Coolley 

Hamill 

McEwen 

Shanahan 

Wolff 

Corlett 

Hogan 

McGuire 

Shuey 

Mr.  President 

Cutting 

Hollenbeck 

Meinert 

Six 

Yeas — 

.  .  Nays — 0. 

Section  26,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

At  the  hour  of  12  :40  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 


2:00  o'Clock  P.  M. 

9 

The  hour  of  2  :00  o’clock  p.  m.  having  arrived,  the  Convention 
resumed  its  session. 

The  President  presiding. 

Section  27  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  57;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONTENTION. 


579 


Those  voting  in  the  Affirmative  are :  Messrs. 


Adams 
Barr 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Clarke 
Coolley 
Corlett 
Cutting 
Davis 
Dawes 


Dietz 

Dunlap 

Dupuy,  G.  A. 

Biting 

Fyke 

Gale 

Gilbert 

Goodyear 

Gray 

Hamill 

Hogan 

Hollenbeck 


Sutherland 

Taff 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 57. 
Nays — 0. 


Hull  Miller 

Ireland  Mills 

Jack  Moore 

Jarman  Paddock 

Johnson,  L.  C.  Parker 
Johnson,  W.  A.  Pinnell 
Lindly  Shanahan 

Mayer  Shuey 

McEwen  Six 

McGuire  Smith 

Meinert  Stahl 

Section  27,  having  received  the  votes  of  a  majority  of  the  delegate, 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  ~0. 

Section  28  was  taken  up  and  read  at  large 

And  the  question  being  on  the  adoption  of  the  section,  a  call  ot  the 

roll  was  had,  resulting  as  follows :  Yeas,  58 ;  nays,  0. 

•  *  ^  Messrs.  . 

Hollenbeck  Mighell 
Hull  Miller 

Ireland  Mills 

Jack  Moore 

Jarman  Paddock 

Johnson,  L.  C.  Parker 
Johnson,  W.  A.  Pinnell 

Lindly  5£nak£r 

Mayer  Shanahan 

McEwen  Shuey 

McGuire  Six. 

nogan  Meinert  Smith 

Section  28,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-re  rrec  o  e 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  2U. 
Section  29  was  taken  np  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption : 


VV  CIO  -L-LGlVAj  a.  vu  - - 

Those  voting  in  the  Affirmative  are : 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Clarke 
Coolley 
Corlett 
Cutting 
Davis 


Dawes 
Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 
Fyke 
Gale 
Gilbert 
Goodyear 
Gray 
Hamill 
Hogan 


Stahl 

Sutherland 

Taff 

Torrance 

Traeger 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 58. 
Nays — 0. 


Amendment  No.  18. 

Amend  the  next  to  the  last  paragraph  of  section  29  by  inserting  m  the 
last  line  of  said  paragraph  after  the  word  “State”  a  comma  and  the  wo 
“any  political  subdivision  thereof”;  so  that  the  paragraph  will  read. 

“Organizing  drainage  districts  having  powers  of  eminent  domain  and 
special  Assessment  for  flood  control  or  for  sanitary  or  agricultural  Purposes, 
the  expense  of  such  districts  to  be  paid  for  m  whole  (or  m  part  by  the  Sta  , 
any  political  subdivision  thereof,  or  by  the  district. 

And  the  amendment  was  adopted. 

Mr.  Taff  offered  the  following  amendment  and  moved  its  adoption ; 


Amendment  No.  19. 

Amend  section  29  by  striking  out  the  following  words:  “The  expense  of 
such  districts  to  be  paid  for  in  whole  or  part  by  the  State  or  the  district. 

And  the  amendment  was  lost. 

Mr.  Dunlap  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


580 


JOURNAL  OF  THE 


[Apr.  26, 


Amendment  No.  20. 


Amend  section  29  in  line  12  after  the  words  “eminent  domain”  by  in¬ 
serting  a  comma  and  the  word  “taxation.” 

Pending  discussion  Mr.  Hamill  moved  that  section  29,  together  with 
the  pending  amendment  be  recommitted  to  the  Committee  on  Phrase¬ 
ology  and  Style. 

And  the  motion  prevailed. 

Section  30  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


Adams 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Catron 

Clarke 

Coolley 

Corlett 

Cutting 


ng  in  the  Affirmative  are : 

Messrs. 

Dawes 

Ireland 

Miller 

Dietz 

Jack 

Mills 

Dunlap 

Jarman 

Moore 

Dupuy,  G.  A. 

Johnson,  L.  C. 

O’Brien 

Elting 

Johnson,  W.  A.  Paddock 

Dyke 

Kunde 

Parker 

Gale 

Lindly 

Pinnell 

Gilbert 

Mayer 

Shanahan 

Goodyear 

McEwen 

Six 

Hogan 

Meinert 

Smith 

Hollenbeck 

Hull 

Mighell 

Stahl 

Those  voting  in  the  negative  are :  Messrs. 


Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Teas — 57. 


Davis  Hamill  Rinaker  Nays _ 3. 

Section  30,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  31  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Davis  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  21. 

Amend  section  31  by  inserting  after  the  word  “for”  and  before  the  word 
“taxation”  the  following  words,  “or  exempted  from.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  31,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  58;  nays,  1. 
Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Hollenbeck 

Mighell 

Stahl 

Barr 

Dawes 

Hull 

Mills 

Sutherland 

Beckman 

Dietz 

Ireland 

Moore 

Taff 

Brandon 

Dunlap 

Jack 

Paddock 

Torrance 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Parker 

Traeger 

Brewster 

Elting 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Cary,  C.  D. 

FVke 

Johnson,  W.  A. 

Rinaker 

Wall 

Catron 

Gale 

Kunde 

Shanahan 

Warren 

Clarke 

Goodyear 

Lindly 

Shuey 

Wilson 

Coolley 

Gray 

Mayer 

Six 

Wolff 

Corlett 

Hamill 

McEwen 

Smith 

Mr.  President 

Cutting 

Hogan 

McGuire 

Yeas — 

Those  voting  in  the  negative  are:  Mr. 

O’Brien  Nays — 1. 

Section  31,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


581 


By  unanimous  consent,  upon  his  request,  Mr.  Gilbert  was  excused 
from  attendance  at  the  Convention  for  the  balance  of  today  and  tomor¬ 
rows  sessions. 

Section  32  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  22. 

Amend  section  32  by  striking  out  all  after  the  word  “compensation”  and 
substituting  in  lieu  thereof  the  following:  “but  such  interest  shall  attach 
only  to  the  fund  accumulated  and  shall  impose  no  obligation  upon  the  State 
to  create  or  maintain  such  fund.” 

So  that  the  section  will  read:  Section  32.  Any  public  officer  or  em¬ 
ploye  or  his  beneficiary  may  be  given  by  law  a  vested  interest  in  the  accumu¬ 
lated  portion  of  any  death,  disability  or  retirement  fund  to  which  he  is  re¬ 
quired  by  law  to  contribute  a  part  of  his  compensation;  but  such  interest 
shall  attach  only  to  the  fund  accumulated,  and  shall  impose  no  obligation 
upon  the  State  to  create  or  maintain  such  fund. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  32,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  53 ;  nays,  - 10. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Hogan 

McGuire 

Stahl 

Barr 

Dawes 

Hull 

Meinert 

Sutherland 

Beckman 

Dietz 

Ireland 

Miller 

Tebbens 

Brandon 

Dunlap 

Jack 

Moore 

Torrance 

Brenholt 

Dupuy,  G.  A. 

Johnson,  L. 

C.  O’Brien 

Traeger 

Brewster 

Elting 

Johnson,  W.  A.  Paddock 

Trautmann 

Catron 

Fyke 

Kunde 

Parker 

Wall 

Clarke 

Gale 

Latchford 

Shanahan 

Wilson 

Coolley 

Garrett 

Lindly 

Six 

Wolff 

Corlett 

Gray 

Mayer 

Smith 

Mr.  President 

Cutting 

Hamill 

McEwen 

Yeas — 53 

Those 

voting  in  the  negative  are: 

Messrs. 

Cary,  C.  D. 

Jarman 

Mills 

Pinnell 

Taff 

Goodyear 

Mighell 

Nichols 

Rinaker 

Warren 

Nays — 10. 


Section  32,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  33  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Mayer  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  23. 

Amend  section  33  by  adding  thereto  the  following: 

“If  such  proposed  amendment  has  been  submitted  to  a  vote  of  the  people 
such  vote  shall  control  the  General  Assembly  or  Convention  that  passes  upon 
such  proposed  amendment.” 

Pending  discussion  Mr.  Hamill  moved  that  further  consideration  of 
section  33,  together  with  the  pending  amendment,  be  postponed. 

The  question  being  on  the  motion  to  postpone,  a  division  of  the 
Convention  was  had,  resulting  as  follows:  Yeas,  27;  nays,  32. 

And  the  motion  to  postpone  was  lost. 

Mr.  Sutherland  moved  to  lay  Amendment  No.  23  to  section  33  on 

the  table. 


582 


JOURNAL  OF  THE 


[Apr.  26, 


And  the  question  being  on  the  motion  to  table,  a  division  of  the 
Convention  was  had,  resulting  as  follows:  Yeas,  27;  nays,  24. 

The  motion  prevailed. 

And  Amendment  Yo.  23  was  ordered  to  lie  on  the  table.' 

The  question  then  being  on  the  adoption  of  section  33,  a  call  of  the 
roll  was  had,  pending  which  Mr.  Davis  moved  that  further  consideration 
of  the  section  be  postponed. 

And  the  motion  was  lost. 

The  roll  being  continued  resulted  as  follows:  Yeas,  17;  nays,  43. 
Those  voting  in  the  Affirmative  are :  Messrs. 


Adams 

Catron 

Garrett 

Hamill 

Moore 

Beckman 

Clarke 

Goodyear 

Lindly 

Sutherland 

Brandon 

Coolley 

Grey 

Mayer 

Trautmann 

Brenholt 

Dietz 

Yeas — 17, 

Those 

voting  in  the  negative  are : 

Messrs. 

Barr 

F*yke 

Kunde 

Paddock 

Tebbens 

Brewster 

Gale 

Latchford 

Parker 

Torrance 

Cary,  C.  D. 

Hogan 

McEwen 

Pinnell 

Traeger 

Corlett 

Hollenbeck 

McGuire 

Hinaker 

Wall 

Cutting 

Ireland 

Meinert 

Six 

Warren 

Dawes 

Jack 

Mighell 

Smith 

Wilson 

Dunlap 

Jarman 

Miller 

Stahl 

Wolff 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Mills 

Taff 

Mr.  President 

Elting 

Johnson,  W.  A. 

Nichols 

Nays — 43 

Section  33,  having  received  the  votes  of  less  than 

a  majority  of  the 

delegates  elected,  failed  to  pass. 

The  Convention  proceeding  upon  the  consideration  of  Report  Yo.  7, 
of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Suffrage 
and  Elections,  section  6  thereof  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Trautmann  offered  the  following  amendment  and 

moved  its  adoption : 


Amendment  No.  2. 


Amend  section  6  by  inserting  before  the  word  “Tuesday”  in  line  3 
thereof  the  word  “first.” 

And  the  amendment  was  adopted. 

Mr.  Davis  moved  that  debate  be  now  closed  and  that  the  Convention 


proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  section  6,  as  amended. 


Those  voting  in  the 

affirmative  are : 

Messrs. 

* 

Adams 

Dietz 

Ireland 

Mills 

Stahl 

Beckman 

Dunlap 

Jack 

Moore 

Taff 

Brandon 

Dupuy,  G.  A. 

Jarman 

Nichols 

Torrance 

Brenholt 

Elting 

Johnson,  L.  C. 

Paddock 

Traeger 

Brewster 

F*yke 

Johnson,  W.  A. 

Parker 

Trautmann 

Cary,  C.  D. 

Gale 

Lindly 

Pinnell 

Wall 

Catron 

Garrett 

McEwen 

Rinaker 

Warren 

Clarke 

Goodyear 

McGuire 

Shanahan 

Wilson 

Coolley 

Cutting 

Gray 

Hogan 

Meinert 

Mighell 

Shuey 

Six 

Wolff 

Mr.  President 

Dawes 

Hollenbeck 

Miller 

Smith 

Yeas — ! 

Those  voting  in  the  negative  are :  Messrs. 

Barr 

Davis 

Kunde 

O’Brien 

Tebbens 

Corlett 

Hamill 

Mayer 

Sutherland 

Nays— 

1922.] 


CONSTITUTIONAL  CONVENTION. 


583 


Section  6,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 


Section  7  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had. 

,  resulting  as 

follows :  Yeas, 

62;  nays,  0. 

Those  v 

oting  in  the 

affirmative  are : 

Messrs. 

Adams 

Dawes 

Hull 

Mills 

Sutherland 

Barr 

Dietz 

Jack 

Moore 

Taft 

Beckman 

Dunlap 

Jarman 

Nichols 

Tebbens 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

O’Brien 

Torrance 

Brenholt 

Elting 

Johnson,  W.  A.  Paddock 

Traeger 

Brewster 

Fyke 

Kunde 

Parker 

Trautmann 

Cary,  C.  D. 

Gale 

Latchford 

Pinnell 

Wall 

Catron 

Garrett 

Lindly 

Rinaker 

Warren 

Clarke 

Goodyear 

Mayer 

Shuey 

Wilson 

Coolley 

Gray 

McEwen 

Six 

WolfC 

Corlett 

Hamill 

McGuire 

Smith 

Mr.  President 

Cutting 

Hogan 

Meinert 

Stahl 

Y  eas — 6  2 , 

Davis 

Hollenbeck 

.Migheli 

Nays — 0 

Section  7,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  8  was  again  taken  up. 

Whereupon  Mr.  G-.  A.  Dupuy  offered  the  following  amendment  and 
moved  its  adoption: 


Amendment  No.  3. 

Amend  section  8  by  striking  out  the  word  “may”  in  line  2  and  inserting 
in  .lieu  thereof  the  word  “shall.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  8,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  10 ;  nays,  52. 
Those  voting  in  the  affirmative  are :  Messrs. 

Dawes  Dupuy,  G.  A.  Jack  Meinert  Mills 

Dietz  Hollenbeck  Lindly  Mighell  Moore 

Yeas — 10. 


Those  voting  in  the  negative  are :  Messrs. 


Adams 

Cutting 

Ireland 

Nichols 

Taff 

Barr 

Davis 

Jarman 

Paddock 

Tebbens 

Beckman 

Dunlap 

Johnson,  L.  C. 

Parker 

Torrance 

Brandon 

Elting 

Johnson,  W.  A. 

Pinnell 

Traeger 

Brenholt 

Fyke 

Kunde 

Rinaker 

Trautmann 

Brewster 

Gale 

Latchford 

Shuey 

Wall 

Cary,  C.  D. 

Garrett 

Mayer 

Six 

Warren 

Catron 

Goodyear 

McEwen 

Smith 

Wilson  r> 

Clarke 

Gray 

McGuire 

Stahl 

Wolff 

Coolley 

Hamill 

Miller 

Sutherland 

Mr.  President 

Corlett 

Hogan 

Nays — 52. 

Section 

8,  having  received  the  votes  of  less  than  a 

majority  of  the 

Delegates  elected,  failed  to  pass. 

The  Convention  proceeding  upon  the  consideration  of  Report  No. 
6,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Cor¬ 
porations,  section  1  thereof  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  61 ;  nays,  0. 


584 


JOURNAL  OF  THE 


[Apr.  26, 


Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Catron 

Clarke 

Coolley 

Corlett 

Cutting 

Davis 


Dawes 

Hull 

Mighell 

Dietz 

Ireland 

Miller 

Dunlap 

Jack 

Mills 

Dupuy,  G.  A. 

Jarman 

Moore 

Elting 

Johnson,  L.  C. 

Nichols 

Fyke 

Johnson,  W.  A. 

Paddock 

Gale 

Kunde 

Parker 

Garrett 

Lindly 

Rinaker 

Goodyear 

Mayer 

Shuey 

Gray 

McEwen 

Six 

Hamill 

McGuire 

Smith 

Hogan 

Meinert 

Stahl 

Hollenbeck 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr*  President 

Yeas — 61. 
Nays — 0. 


Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  2  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Cutting  moved  that  the  report  of  the  Committee 
of  the  Whole,  on  section  2,  be  substituted  for  section  2  of  the  report 


of  the  Committee  on  Phraseology  and  Style. 

Pending  discussion,  Mr.  Fyke  moved  that  further  consideration  of 
section  2,  together  with  the  pending  amendment  be  postponed  until  next 
Wednesday. 


And  the  motion  was  lost. 

Mr.  Lindly  moved  that  further  consideration  of  section  2,  together 
with  the  pending  amendment  be  postponed. 

And  the  motion  prevailed. 

Section  3  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
was  had,  resulting  as  follows:  Yeas,  63;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


roll 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D 
Catron 
Clarke 
Coolley 
Corlett 
Cutting 
Davis 


Dawes 
Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 

Fyke 
Garrett 
Goodyear 
Gray 
Hamill 
Hogan 
Hollenbeck 
Hull 


Ireland 
Jack 
Jarman 
Johnson,  L.  C. 
Johnson,  W.  J 
Kunde 
Latchford 
Lindly 
Mayer 
McEwen 
McGuire 
Meinert 
Mighell 


Miller 
Mills 
Moore 
Nichols 
O’Brien 
Paddock 
Parker 
Pinnell 
Rinaker 
Shanahan 
Shuey 
Six 
Smith 


Stahl 

Sutherland 

Taff 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 63. 
Nays — 0. 


Section  3,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  4  was  taken  up  and  read  at  large. 

Pending  roll  call  Mr.  Dawes  moved  that  further  consideration  oi 


section  4  be  postponed. 

And  the  motion  prevailed. 

Section  5  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  ot  the 
roll  was  had,  resulting  as  follows:  Yeas,  63;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


585 


Those  voting  in  the  affirmative  are:  Messrs. 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D 
Catron 
Clarke 
Coolley 
Corlett 
Cutting 
Davis 


Dawes 

Dietz 

Dupuy,  G.  A. 
Elting 
Fyke 
Gale 
Garrett 
Goodyear 
Gray 
Hamill 
Hogan 
Hollenbeck 
Hull 


Ireland 
Jack 
Jarman 
Johnson,  L.  C. 
Johnson,  W.  1 
Kunde 
Latchford 
Lindly 
Mayer 
McEwen 
McGuire 
Meinert 


Miller 
Mills 
Moore 
Nichols 
O’Brien 
Paddock 
Parker 
Pinnell 
Rinaker 
Shanahan 
Shuey 
Six 
Smith 


Stahl 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wolff 

Mr.  President 

Yeas — 63. 
Nays — 0. 


Mighell 

Section  5,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  b)r  Pule  20. 

Section  6  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  63 ;  nays,  0. 

Those  voting  in  the  affirmative  are: 

Hull 
Ireland 
Jack 
Jarman 
Johnson,  L.  C 
Johnson,  W. 

Kunde 
Latchford 
Lindly 
Mayer 
McEwen 

McGuire  -  - 

xiuiiciiowin.  Meinert  Smith  Nays — 0. 

Section  6,  having  received  the  votes  of  a  majority  of  the  delegates 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 

Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Section  7  was  taken  up  and  read  at  large. 

Whereupon  JVIr.  Fyke  offered,  the  following  <is  &  substitute  for  sec 
tion  7  and  moved  its  adoption : 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D 
Catron 
Clarke 
Coolley 
Corlett 
Cutting 
Davis 


Dawes 
Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 
Fyke 
Gale 
Garrett 
Goodyear 
Gray 
Hamill 
Hogan 
Hollenbeck 


Messrs. 

Mighell 

Stahl 

Mills 

Sutherland 

Moore 

Taff 

Nichols 

Tebbens 

O’Brien 

Torrance 

..  Paddock 

Traeger 

Parker 

Trautmann 

Pinnell 

Wall 

Rinaker 

Warren 

Shanahan 

Wolff 

Shuey 

Mr.  President 

Six 

Yeas — 6 

Smith 

Nays — ' 

Amendment  No.  1. 

Amend  section  7  of  Report  No.  6  of  the  Committee  on  Phraseology  and 
Style  (being  the  article  on  Corporations)  by  striking  out  all  after  the  figure 

“7”  and  inserting  in  lieu  thereof  the  following:  .  . 

“No  contract,  obligation  or  liability  whatever,  of  the  Illinois  Central 
Railroad  Company,  to  pay  any  money  into  the  State  Treasury,  nor  any  lien 
of  the  State  upon,  or  right  to  tax  property  of  that  company,  in  accordance 
with  the  provisions  of  the  charter  of  said  company,  approved  February  tenth 
in  the  year  of  our  Lord  One  Thousand  Eight  Hundred  and  Fifty-one,  shall 
ever  be  released,  suspended,  modified,  altered,  remitted,  or  in  any  manner 
diminished  or  impaired  by  legislative  or  other  authority;  and  all  moneys 
derived  from  that  company  after  the  payment  of  the  State  debt,  shall  be 
appropriated  and  set  apart  for  the  payment  of  the  ordinary  expenses  of  the 
State  government,  and  for  no  other  purpose  whatever. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  7,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Teas,  64,  nays,  0. 


586 


JOURNAL  OF  THE  [Apr.  26, 


Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Dawes 

Hull 

Mighell 

Smith 

Barr 

Dietz 

Ireland 

Miller 

Stahl 

Beckman 

Dunlap 

Jack 

Mills 

Sutherland 

Brandon 

Dupuy,  G.  A. 

Jarman 

Moore 

Taff 

Brenholt 

Elting 

Johnson,  L.  C. 

Nichols 

Tebbens 

Brewster 

Fyke 

Johnson,  W.  A. 

O’Brien 

Torrance 

Cary,  C.  D. 

Gale 

Kunde 

Paddock 

Traeger 

Catron 

Garrett 

Latchford 

Parker 

Trautmann 

Clarke 

Goodyear 

Lindly 

Pinnell 

Wall 

Coolley 

Gray 

Mayer 

Rinaker 

Warren 

Corlett 

Hamill 

McEwen 

Shanahan 

Wolff 

Cutting 

Hogan 

McGuire 

Shuey 

Mr.  President 

Davis 

Hollenbeck 

Meinert 

Six 

Yeas — 64. 

.  Nays — 0. 

Section  7,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  nnder  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Sections  8  and  9,  combined,  were  taken  up  and  read  at  large. 

thereupon  Mr.  Jarman  moved  that  the  report  of  the  Committee  of 
the*  Whole,  on  sections  8  and  9,  be  substituted  for  sections  8  and  9  com¬ 
bined,  of  the  report  of  the  Committee  on  Phraseology  and  Style. 

And  the  motion  was  lost. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 


Amendment  No.  2. 

Amend  sections  8  and  9  combined  by  adding  at  the  end  of  the  first  sent¬ 
ence  the  words:  “and  by  other  common  carriers  operating  between  one  city 
or  village  and  another.” 

And  the  amendment  was  lost. 

Mr.  Rinaker  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  3. 

Amend  sections  8  and  9  combined  by  inserting  after  the  word  “rail¬ 
roads”  in  line  6  the  following  words,  “and  by  other  common  carriers.” 

And  the  amendment  was  adopted. 

Mr.  Gale  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  4. 

Substitute  for  sections  8  and  9  combined  the  following: 

“No  public  utility  shall  charge  excessive  or  unreasonable  rates  nor  dis¬ 
criminate  against  any  person.” 

And  the  amendment  was  lost. 

Mr.  Coolley  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  5. 

Amend  combined  sections  8  and  9  so  as  to  read: 

“The  General  Assembly  shall  prevent  extortion  and  unjust  discrimina¬ 
tion  in  freight  and  passenger  rates.” 

And  the  amendment  was  lost. 


CONSTITUTIONAL  CONVENTION. 


587 


1922.] 


The  question  then  being  on  the  adoption  of  sections  8  and  9,  com¬ 
bined,  as  amended,  a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas, 


affirmative  are :  Messrs. 


33;  nays,  27. 

Those  voting  in  the 

Adams  Corlett 

Brandon  Dunlap 

Brenholt  Dupuy,  G.  A. 

Brewster  Goodyear 

Catron  Gray 

Clarke  Hogan 

Coolley  Hollenbeck 

Those  voting  in  the  negative  are:  Messrs. 


Hull 

Jack 

Jarman 

Johnson,  W. 

Latchford 

Lindly 

McGuire 


Meinert 
Mighell 
Mills 
A.  Moore 
Nichols 
Pinnell 


Barr 

Beckman 

Cary,  C.  D. 

Cutting 

Davis 

Dawes 


Dietz 

Elting 

Fyke 

Gale 

Garrett 

Hamill 


Ireland 
Johnson,  L.  C. 
Kunde 
Mayer 
McEwen 


Miller 

O’Brien 

Paddock 

Parker 

Shanahan 


Sections  8  and  9,  combined,  having  received  the  votes 


Rinaker 

Stahl 

Taff 

Torrance 

Traeger 

Warren 

Yeas — 33. 


Smith 

Sutherland 

Tebbens 

Wolff 

Mr.  President 

Yeas — 27. 

of  less  than  a 


majority  of  the  delegates  elected,  failed  to  pass. 

Mr.  Sutherland  gave  notice  that  on  the  next  Convention  day  he 
would  move  to  reconsider  the  vote  by  which  sections  8  and  9,  combined, 


had  failed  to  pass. 

At  the  hour  of  6  :35  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9:00  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


588 


JOURNAL  OF  THE 


[Apr.  27, 


THURSDAY,  APRIL  27,  1922,  9:00  O’CLOCK  A.  M. 

Hie  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  J.  C.  Brown,  of  the  First  Methodist 
Episcopal  church,  of  Rushville. 

Ihe  Journal  of  Tuesday,  April  25th,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  .approved. 

In  accordance  with  the  resolution  adopted  April  25th,  the  Secretary 
called  the  roll  of  the  Convention,  which  resulted  as  follows :  Present,  67. 

Those  voting  present  are:  Messrs. 


Adams 

Dawes 

Ireland 

Mighell 

Smith 

Barr 

Dietz 

Jack 

Miller 

Stahl 

Beckman 

Dunlap 

Jarman 

Mills 

Sutherland 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Moore 

Taft 

Brenholt 

Elting 

Johnson,  W.  A. 

Nichols 

Tebbens 

Brewster 

Fyke 

Kunde 

Paddock 

Tori  ance 

Cary,  C.  D. 

Gale 

Latchford 

Parker 

Traeger 

Carlstrom 

Garrett 

Lill 

Pincus 

Trautmann 

Catron 

Goodyear 

Lindly 

Pinnell 

Wall 

Clarke 

Gray 

Mayer 

Rinaker 

Warren 

Coolley 

Hamill 

McEwen 

Shanahan 

Wilson 

Corlett 

Hogan 

McGuire 

Shuey 

Wolff 

Cutting1 

Davis 

Hollenbeck 

Hull 

Meinert 

Six 

Mr.  President 
Present — 

Mr.  Sutherland,  in  accordance  with  his  notice  of  yesterday,  moved  to 
reconsider  the  vote  by  which  sections  8  and  9  combined,  of  Report  No.  6. 
of  the  Committee  on  Phraseology  and  Style,  had  failed  to  pass. 

And  the  motion  prevailed. 

Mr.  Sutherland  moved  that  sections  8  and  9,  of  the  report  of  the 
Committee  of  the  Whole,  be  substituted  for  sections  8  and  9  combined, 
as  reported  by  the  Committee  on  Phraseology  and  Style. 

And  the  motion  prevailed. 

Mr.  Sutherland  thereupon  offered  the  folloAving  amendment  and 
moved  its  adoption : 


Amendment  No.  6. 

Amend  Report  No.  6,  by  adding  an  additional  section  thereto  to  be 
known  as  section  10,  as  follows: 

“Section  10.  Nothing  in  this  article  shall  be  construed  to  prohibit  the 
General  Assembly  from  exercising,  with  reference  to  other  common  carriers 
or  other  public  utilities,  the  power  mentioned  in  sections  8  and  9  hereof.” 

Pending  consideration  Mr.  Miller  offered  the  following  as  a  substi¬ 
tute  for  Amendment  No.  6 : 

“Section  10.  Nothing  in  sections  8  or  9  shall  be  construed  to  limit  the 
powers  of  the  General  Assembly.” 

The  question  being  on  the  adoption  of  the  substitute. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


589 


It  was  decided  in  the  affirmative  and  section  10,  as  amended,  was 
placed  on  the  order  of  second  reading. 

Mr.  Mayer  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  7. 

Amend  section  10  by  striking  out  all  after  the  figures  “10”  and  inserting 
in  lieu  thereof  the  following:  “And  the  General  Assembly  shall  have  all  the 
foregoing  powers  and*  shall  exercise  the  same  with  reference  to  all  other 
carriers,  whether  on  land  or  water  or  in  the  air.” 

And  the  amendment  was  lost. 

Mr.  Mighell  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  8. 

Amend  section  10  by  striking  out  all  after  the  figures  “10”  and  inserting 
in  lieu  thereof  the  following:  “The  General  Assembly  is  directed  to  exercise 
the  same  regulatory  power  over  rates  and  services  of  all  public  utilities  as 
that  specified  in  sections  8  and  9  of  this  article  as  to  railroads.” 

And  the  amendment  was  lost. 

Section  8,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  66;  nays,  2. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Dawes 

Ireland 

Meinert 

Six 

Barr 

Dietz 

Jack 

Mighell 

Smith 

Beckman 

Dunlap 

Jarman 

Miller 

Stahl 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Mills 

Sutherland 

Brenholt 

Biting 

Johnson,  W.  A. 

Moore 

Taff 

Brewster 

Fyke 

Kunde 

Nichols 

Tebbens 

Cary,  C.  D. 

Gale 

Latchford 

O’Brien 

Torrance 

Carlstrom 

Garrett 

Lill 

Paddock 

Traeger 

Catron 

Goodyear 

Lindly 

Parker 

Trautmann 

Clarke 

Gray 

Mack 

Pincus 

Wall 

Coolley 

Hogan 

Mayer 

Pinnell 

Warren 

Corlett 

Hollenbeck 

McEwen 

Rinaker 

Wilson 

Cutting 

Davis 

Hull 

McGuire 

Shuey 

Wolff 

Yeas 

Those  voting  in  the  negative  are:  Messrs. 

Hamill  Mr.  President  Nays — 2. 

Section  8,  havilig  received  the  votes  of  a  maojrity  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  9  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had, 

resulting  as 

follows :  Yeas, 

64;  nays,  4. 

Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Davis 

Ireland 

Meinert 

Smith 

Barr 

Dawes 

Jack 

Mighell 

Stahl 

Beckman 

Dietz 

Jarman 

Miller 

Sutherland 

Brandon 

Dunlap 

Johnson,  L.  C. 

Mills 

Taff 

Brenholt 

Dupuy,  G.  A. 

Johnson,  W.  A. 

Moore 

Tebbens 

Brewster 

Biting 

Kunde 

O’Brien 

Torrance 

Cary,  C.  D. 

Fyke 

Latchford 

Paddock 

Traeger 

Carlstrom 

Garrett 

Lill 

Parker 

Trautmann 

Catron 

Goodyear 

Lindly 

Pincus 

Wall 

Clarke 

Gray 

Mack 

Pinnell 

W  arren 

Coolley 

Hogan 

Mayer 

Rinaker 

Wilson 

Corlett 

Hollenbeck 

McEwen 

Shuey 

Wolff 

Cutting 

Hull 

McGuire 

Six 

Yeas' 

590 


JOURNAL  OF  THE 


[Apr.  27, 


Those  voting  in  the  negative  are :  Messrs. 

Gale  Hamill  Nichols  Mr.  President  Nays — 4. 

Section  9,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to 
the  Committee  on  Phraseology  and  Style  for  action  as  provided  by 
Rule  20. 


Section  10  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  69 ;  nays,  0. 


Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Dawes 

Ireland 

Mighell 

Smith 

Barr 

Dietz 

Jack 

Miller 

Stahl 

Beckman 

Dunlap 

Jarman 

Mills 

Sutherland 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Moore 

Taff 

Brenholt 

El  ting 

Johnson,  W.  A. 

Nichols 

Tebbens 

Brewster 

Fyke 

Kunde 

O’Brien 

Torrance 

Cary,  C.  D. 

Gale 

Latchford 

Paddock 

Traeger 

Carlstrom 

Garrett 

Lill 

Parker 

Trautmann 

Catron 

Goodyear 

Lindly 

Pincus 

Wall 

Clarke 

Gray 

Mack 

Pinnell 

Warren 

Coolley 

Hamill 

Mayer 

Rinaker 

Wilson 

Corlett 

Hogan 

McEwen 

Shanahan 

Wolff 

Cutting 

Hollenbeck 

McGuire 

Shuey 

Mr.  President 

Davis 

Hull 

Meinert 

Six 

Yeas — ' 
Nays— 

Section  10,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

By  unanimous  consent,  Mr.  Miller  was  excused  from  further  at¬ 
tendance  at  the  sessions  of  the  Convention  until  Saturday  morning. 

Mr.  Clarke  submitted  the  following  report : 

Your  Committee  on  Phraseology  and  Style,  to  which  was  referred  sec¬ 
tion  29  of  Report  No.  12,  on  the  Legislative  Department,  respectfully  reports 
that  it  has  reconsidered  such  section  and  herewith  presents  a  substitute 
therefor,  as  follows: 

Section  29.  The  General  Assembly  may  provide  for: 

Opening  private  roads  to  communicate  with  public  roads; 

Permitting  owners  and  lessees  of  lands  and  minerals  to  construct  drains, 
ditches  and  levees  upon,  across  or  under  the  lands  of  others  for  agricultural, 
sanitary  and  mining  purposes; 

Organizing  drainage  districts  having  powers  of  eminent  domain  and 
special  assessment  for  flood  control  or  for  sanitary  or  agricultural  pur¬ 
poses;  and 

Making  surveys  and  straightening  and  improving  water  courses  in  part 
at  the  expense  of  drainage  districts  and  in  part  by  the  State  or  any  political 
subdivision  thereof. 

This  section  shall  not  be  construed  as  a  limitation  of  the  powers  of  the 
General  Assembly. 

Respectfully  submitted, 

E.  L.  Clarke. 

Thos.  Rinaker. 

E.  H.  Brewster. 

G.  A.  Barr. 

C.  B.  T.  Moore. 

H.  E.  Torrance. 

The  report  of  the  committee  was  ordered  printed  and  section  29 
placed  on  the  order  of  second  reading. 

The  Convention  proceeding  upon  the  consideration  of  Report  Yo. 
2,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Mare- 
houses,  section  1  thereof  was  taken  up  and  read  at  large. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


591 


And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had, 

resulting  as 

follows :  Yeas, 

64;  nays,  3. 

Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Davis 

Hull 

Mighell 

Six 

Barr 

Dawes 

Jack 

Miller 

Smith 

Beckman 

Dietz 

Jarman 

Mills 

Stahl 

Brandon 

Dunlap 

Johnson,  L.  C. 

Moore 

Sutherland 

Brenholt 

Dupuy,  G.  A. 

Johnson,  W.  A. 

Nichols 

Taff 

Brewster 

Elting 

Kunde 

O’Brien 

Tebbens 

Cary,  C.  D. 

Fyke 

Latchford 

Paddock 

Torrance 

Carlstrom 

Gale 

Lill 

Parker 

Traeger 

Catron 

Garrett 

Lindly 

Pincus 

Wall 

Clarke 

Goodyear 

Mack 

Pinnell 

Warren 

Coolley 

Gray 

McEwen 

Rinaker 

Wilson 

Corlett 

Hogan 

McGuire 

Shanahan 

Mr.  President 

Cutting 

Hollenbeck 

Meinert 

Shuey 

Yeas — 

Those  voting  in  the  negative  are :  Messrs. 

Hamill  Mayer  Wolff  Nays — 3. 


Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  2  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Dunlap  offered  the  following  amendment  and 
moved  its  adoption : 


Amendment  No.  1. 

Amend  section  2  in  line  3  after  tlie  word  “inhabitants”  by  inserting  the 
following  words  “or  such  number  of  inhabitants  as  may  be  provided  by  law.” 

So  that  the  section  as  amended  will  read  as  follows: 

“Section  2.  The  manager  of  every  public  warehouse  in  cities  of  over 
one  hundred  thousand  inhabitants,  or  such  number  of  inhabitants  as  may  be 
provided  by  law,  shall  post  conspicuously  each  week,  in  the  office  of  the 
warehouse,  a  sworn  statement  of  the  amount  and  grade  of  grain  and  also 
of  the  other  property  stored  therein,  and  of  the  warehouse  receipts  out¬ 
standing,  and  shall  file  a  copy  of  the  statement  in  a  place  designated  by 
law.  Changes  in  quantity  and  grade  of  grain  stored  shall  be  noted  daily 
upon  the  statement  in  the  warehouse.  Unless  the  owner  or  consignee  con¬ 
sents,  different  grades  of  grain  shipped  in  separate  lots  shall  not  be  mixed.” 

And  the  amendment  was  adopted. 

Mr.  Coolley  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  2. 

Strike  out  after  the  word  “warehouses”  in  the  second  line  the  words, 
“in  cities  of  more  than  one  hundred  thousand  inhabitants.” 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  2,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  60;  nays,  4. 


Those 

voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Cutting 

Hogan 

McGuire 

Smith 

Barr 

Davis 

Hollenbeck 

Meinert 

Stahl 

Beckman 

Dawes 

Hull 

Mighell 

Sutherland 

Brandon 

Dietz 

Ireland 

Mills 

Taff 

Brenholt 

Dunlap 

Jack 

Moore 

Tebbens 

Brewster 

Dupuy,  G.  A. 

Jarman 

Nichols 

Torrance 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

Pincus 

Traeger 

Carlstrom 

Fyke 

Johnson,  W.  A. 

Pinnell 

Trautmann 

Catron 

Gale 

Kunde 

Rinaker 

Wall 

Clarke 

Garrett 

Lindly 

Shanahan 

W  arren 

Coolley 

Goodyear 

Mack 

Shuey 

Wilson 

Corlett 

Gray 

McEwen 

Six 

Mr.  President 

Yeas — 60. 


592 


JOURNAL  OF  THE 


[Apr.  27, 


Those  voting  in  the  negative  are :  Messrs. 

Hamill  Mayer  O’Brien  Wolff  Nays — 4. 

Section  2,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  3  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had,  resulting  as  follows :  Yeas,  63 ;  nays,  2. 


Those  voting  in  the 

affirmative  are 

:  Messrs. 

Adams 

Davis 

Hull 

Mighell 

Smith 

Barr 

Dawes 

Ireland 

Mills 

Stahl 

Beckman 

Dietz 

Jack 

Moore 

Sutherland 

Brandon 

Dunlap 

Jarman 

Nichols 

Taff 

Brenholt 

Dupuy,  G.  A. 

Johnson,  L.  C.  O’Brien 

Tebbens 

Brewster 

Elting 

Johnson,  W. 

A.  Paddock 

Torrance 

Cary,  C.  D. 

Fyke 

Kunde 

Pincus 

Traeger 

Carlstrom 

Gale 

Lindly 

Pinnell 

Trautmann 

Catron 

Garrett 

Mack 

Rinaker 

Wall 

Clarke 

Goodyear 

Mayer 

Shanahan 

Warren 

Coolley 

Gray 

McEwen 

Shuey 

Wilson 

Corlett 

Hogan 

McGuire 

Six 

Mr.  President 

Cutting 

Hollenbeck 

Meinert 

Yeas — 6! 

Those 

Hamill 

voting  in  the 
Wolff 

negative  are : 

Messrs. 

Nays — 1 

Section  3,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  4  was  taken  up  and  read  at  large. 

Whereupon,  Mr.  Dunlap  offered  the  following  amendment  and 
moved  its  adoption : 

Amendment  No.  3. 


Amend  section  4  in  line  2  by  striking  out  the  word  “thereon”  and  by 
inserting  after  the  word  “and”  in  line  one  the  word  “other.” 

So  that  the  section  as  amended  will  read  as  follows: 

“Section  4.  Railroads  and  other  common  carriers  shall,  at  the  point 
of  shipment,  weigh  or  measure,  and  receipt  for,  the  full  amount  of  grain 
and  deliver  it  to  the  consignee  or  owner.” 


And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  4,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  60;  nays,  6.  * 


Adams 

Barr 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Catron 

Clarke 

Coolley 

Corlett 

Cutting 

Dietz 


ng  in  the 

affirmative  are : 

Messrs. 

Dunlap 

Jack 

Mills 

Smith 

Dupuy,  G.  A. 

Jarman 

Moore 

Stahl 

Elting 

Johnson,  L.  C. 

Nichols 

Sutherland 

FYke 

Johnson,  W.  A. 

O’Brien 

Taff 

Gale 

Kunde 

Paddock 

Tebbens 

Garrett 

Lill 

Parker 

Torrance 

Goodyear 

Lindly 

Pincus 

Traeger 

Gray 

Mack 

Pinnell 

Trautmann 

Hogan 

McEwen 

Rinaker 

Wall 

Hollenbeck 

McGuire 

Shanahan 

W  arren 

Hull 

Meinert 

Shuey 

Wilson 

Ireland 

Mighell 

Six 

Mr.  President 

Messrs. 

Mayer 


Yeas — 60. 


Wolff 


Nays — 6. 


Those  voting  in  the  negative  are: 

Davis  Hamill  Latchford 

Dawes 

Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to 


1922.] 


CONSTITUTIONAL  CONVENTION. 


593 


the  Committee  on  Phraseology  and  Style  for  action,  as  provided  by 
Rule  20. 

At  the  hour  of  12  :00  o’clock  noon,  Mr.  Moore,  by  unanimous  con¬ 
sent,  called  the  attention  of  the  Convention  to  the  One  Hundredth  Anni¬ 
versary  of  the  birth  of  General  Ulyses  S.  Grant,  and  in  commemoration 
of  the  occasion  appropriate  remarks  were  made  by  General  Abel  Davis, 
Captain  Oscar  E.  Carlstrom,  Captain  Rollo  Six  and  Rear  Admiral  B.  C. 
T.  Moore. 

At  the  hour  of  12  :40  o’clock  p.  m.,  Mr.  Moore  moved  that  the 
Convention  do  now  take  a  recess  until  2:00  o’clock  p.  m. 

And  the  motion  prevailed. 


2  :00  o'Clock  P.  M. 

The  hour  of  2 :00  o’clock  p.  m.  having  arrived  the  Convention 
resumed  its  session. 

The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  Report  Ho.  2,  of  the  Committee  on  Phraseology  and  Style, 
section  5  thereof  was  taken  up  and  read  at  large. 


And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had, 

resulting  as 

follows :  Yeas, 

54;  nays,  4. 

Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

Dunlap 

Jack 

Mighell 

Smith 

Beckman 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Mills 

Stahl 

Brandon 

Elting 

Johnson,  W.  A.  Moore 

Sutherland 

Brenholt 

Fyke 

Latchford 

Nichols 

Taff 

Cary,  C.  D. 

Gale 

Lill 

Paddock 

Torrance 

Catron 

Garrett 

Kindly 

Parker 

Traeger 

Clarke 

Goodyear 

Mack 

Pinnell 

Trautmann 

Coolley 

Gray 

Mayer 

Pdnaker 

Wall 

Corlett 

Hogan 

McE'wen 

Shanahan 

Warren 

Cutting 

Hollenbeck 

McGuire 

Shuey 

Mr.  President 

Dietz 

Hull 

Meinert 

Six 

Yeas — 5 

Those  voting  in  the  affirmative  are: 

Messrs. 

Davis 

Dawes 

Hamill 

Wolff 

Nays — 

Section  5,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Sections  6  and  7  combined  were  taken  up  and  read  at  large. 
Whereupon  Mr.  Dunlap  offered  the  following  amendment  and 
moved  its  adoption : 


Amendment  No.  4. 

Amend  combined  sections  6  and  7,  in  line  5,  after  the  word  “producers” 
by  inserting  the  word  “and”  and  in  lines  6  and  7  by  striking  the  words 
“consumers  and  others  interested.” 

So  that  the  section  as  amended  will  read  as  follows: 

“Sections  6  and  7  combined.  The  General  Assembly  shall  give  full 
effect  to  this  article  and  provide  for  the  inspection  of  grain  and  produce, 
the  protection  of  producers,  and  shippers,  and  receivers,  and  the  prevention 
of  fraudulent  warehouse  receipts.  Nothing  in  this  article  implies  a  limita¬ 
tion  upon  the  power  of  the  General  Assembly  or  abridges  common  law 
remedies.” 

And  the  amendment  was  lost. 

—38  C  J 


594 


JOURNAL  OF  THE 


[Apr.  27, 


The  question  recurring 

on  the  adoption  of  sections 

6  and  7  com- 

bmed,  a  call  of  tlie  loll  was  had,  resulting  as  follows!  ^leas  63  !  navs  2 

Those  voting  in  the  affirmative  are: 

Messrs. 

*  '  *J  y 

Adams 

Dawes 

Jack 

Mighell 

Smith 

Barr 

Dietz 

Jarman 

Mills 

Sneed 

Beckman 

Dunlap 

Johnson,  L.  C. 

Moore 

Stahl 

Brandon 

Dupuy,  G.  A. 

Johnson,  W.  A. 

Nichols 

Sutherland 

Brenholt 

Elting 

Kunde 

O’Brien 

Taff 

Brewster 

F*yke 

Latchford 

Paddock 

Torrance 

Cary,  C.  D. 

Gale 

Lill 

Parker 

Traeger 

Carlstrom 

Garrett 

Lindly 

Pinnell 

Trautmann 

Catron 

Goodyear 

Mack 

Rinaker 

Wall 

Clarke 

Gray 

Mayer 

Shanahan 

Warren 

Coolley 

Hogan 

McEwen 

Shuey 

Wilson 

Corlett 

Hollenbeck 

McGuire 

Six 

Mr.  President 

Cutting 

Hull 

Meinert 

Yeas — 63. 

Those  voting  in  the  negative  are:  Messrs. 


Hamill  Wolff  Nays _ 2. 

Sections  6  and  7  combined,  having  received  the  votes  of  a  majority 
of  the  Delegates  elected,  were  declared  passed,  and,  under  the  rules,  were 
re-referred  to  the  Committee  on  Phraseology  and  Style  for  action  as  pro¬ 
vided  by  Rule  20. 


Mr.  Dunlap  gave  notice  that  on  the  next  Convention  day  he  would 
m°^  e  to  reconsider  the  vote  by  which  sections  6  and  7  combined  were 
adopted. 

The  Convention  proceeding  upon  the  consideration  of  Report  ISTo. 
13,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Canals 
and  Y  aterways,  section  1  thereof  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Jarman  moved  that  the  report  of  the  Committee 
of  the  Y  hole,  on  sections  1,  2,  3  and  6,  be  substituted  for  section  1  of 
the  report  of  the  Committee  on  Phraseology  and  Style. 

And  the  motion  prevailed. 

Section  1,  of  the  report  of  the  Committee  of  the  Whole,  was  there¬ 
upon  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  64;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Davis 

Hull 

Mighell 

Barr 

Dawes 

Jack 

Mills 

Beckman 

Dietz 

Jarman 

Moore 

Brandon 

Dunlap 

Johnson,  L.  C. 

Nichols 

Brenholt 

Dupuy,  G.  A. 

Johnson,  W.  A. 

Paddock 

Brewster 

Elting 

Latchford 

Pincus 

Cary,  C.  D. 

F*yke 

Lill 

Pinnell 

Carlstrom 

Gale 

Lindly 

Rinaker 

Catron 

Garrett 

Mack 

Shanahan 

Clarke 

Goodyear 

Mayer 

Shuey  • 

Coolley 

Gray 

McEwen 

Six 

Corlett 

Hogan 

McGuire 

Smith 

Cutting 

Hollenbeck 

Meinert 

Sneed 

Stahl 

Sutherland 
Taff 
Tebbens 
Torrance 
Traeger 
Trautmann 
Wall 
Warren 
Wilson 
Wolff 

Mr.  President 

Yeas — 64. 
Nays — 0. 

Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Section  2,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  Jarman  moved  that  further  consideration  of  the 
section  be  postponed. 


And  the  motion  was  lost. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


595 


Mr.  Mayer  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  1. 

Amend  section  2  by  striking  out  the  following  words:  “but  the  aggre¬ 
gate  amount  of  all  such  additional  appropriations  and  bonds,  except  as 
otherwise  provided  in  section  3  of  this  article  shall  not  exceed  ten  million 
dollars  unless.” 

And  the  amendment  was  lost. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


•  Amendment  No.  2. 

Amend  section  2  by  striking  out  after  the  word  “dollars”  the  comma 
and  the  word  “unless”  and  insert  a  period  after  the  word  “dollars.” 

And  the  amendment  was  lost. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop¬ 
tion: 

Amendment  No.  3. 

Amend  section  2  by  striking  out  of  the  3d  line  from  the  bottom  of 
page  104  the  words  “the  aggregate  amount  of”  and  from  the  2d,  3d,  4tli  and 
5th  lines  from  the  top  of  page  105  the  words  “shall  not  exceed  ten  million 
dollars  unless  the  law  making  such  appropriations  or  authorizing  such 
bonds”  and  insert  after  the  word  “first”  the  word  “be,”  and  strike  out  of 
the  2d  line  from  last  of  section  2  the  words  “have  been”  and  insert  in  lieu 
thereof  the  word  “be.’ 

And  the  question  being  on  the  adoption  of  the  amendment,  a  divi¬ 
sion  of  the  Convention  was  had,  resulting  as  follows :  Yeas,  30 ; 
nays,  25. 

And  the  amendment  was  adopted. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  4. 


Amend  section  2,  in  the  last  line  on  page  104,  by  striking  out  the  words 
“appropriations  and”. 


And  the  question  being  on  the  adoption  of  the  amendment,  a  divi¬ 
sion  of  the  Convention  was  had,  resulting  as  follows :  Yeas,  32 ; 
nays,  23. 


And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  2,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  35;  nays,  30. 
Those  voting  in  the  affirmative  are:  Messrs. 


Barr 

Beckman 

Brandon 

Brenholt 

Catron 

Clarke 

Corlett 


Cutting 
Dawes 
Dunlap 
Dupuy,  G.  A. 
Elting 

Fyke 

Gale 


Gray  Mayer 

Hamill  McEwen 

Ireland  Moore 

Johnson,  L.  C.  Paddock 
Latchford  Pincus 

Lill  Quinn 

Lindly  Shanahan 


Sutherland 

Tebbens 

Traeger 

Trautmann 

Wilson 

Wolff 

Mr.  President 

Yeas— 35. 


596 


JOURNAL  OF  THE 


[Apr.  27, 


Those  voting  in  the  negative  are:  Messrs. 

Brewster  Goodyear  Johnson,  W.  A.  Nichols 

Cary,  C.  D.  Hogan  Alack  Parker 

Carlstrom  Hollenbeck  McGuire  Pinnell 

Coolley  Hull  Meinert  Rinaker 

Dietz  J  ack  Mighell  Shuey 

Garrett  Jarman  Mills  Six 


Smith 
Sneed 
Stahl 
Taff 
Wall 
Warren 

Nays- 


30. 


Section  2,  having  received  the  votes  of  less  than  a  majority  of  the 
delegates  elected,  failed  to  pass. 

Section  3,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  65 ;  nays,  3. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Clarke 
Coolley 
Corlett 
Cutting 
Davis 


Dawes 
Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 
Fyke 
Gale 
Garrett 
Gray 
Hamill 
Hogan 
Hollenbeck 
Hull 


Ireland 

Jack 

Jarman 

Johnson,  L».  C. 

Johnson,  W.  A. 

Latchford 

Lill 

Lindly 

Alack 

Mayer 

McEwen 

McGuire 

Ateinert 


Alighell 

Moore 

Nichols 

Paddock 

Parker 

Pincus 

Pinnell 

Quinn 

Rinaker 

Shanahan 

Shuey 

Six 

Smith 


Sneed 

Stahl 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Air.  President 

V  ea  s — 6  5 . 


Those  voting  in  the  negative  are:  Messrs. 

Cary,  C.  D.  Goodyear  Mills  Nays — 3. 

Section  3,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-rferred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

Section  6,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 


roll  was  had,  resulting  as 

follows :  Yeas 

,  33;  nays,  31. 

Those 

voting  in  the 

affirmative  are 

:  Messrs. 

Adams 

Garrett 

Johnson,  W. 

A.  Parker 

Smith 

Brewster 

Goodyear 

Alack 

Pinnell 

Sneed 

Carlstrom 

Hogan 

Alayer 

Quinn 

Stahl 

Catron 

Hollenbeck 

AIcGuire 

Rinaker 

Taff 

Dietz 

Hull 

Alighell 

Shuey 

Wall 

Dunlap 

Jack 

Mills 

Six 

Warren 

Gale 

Jarman 

Nichols 

Yeas — : 

Those 

voting  in  the 

negative  are : 

Messrs. 

Barr 

Cutting 

Ireland 

Aleinert 

Torrance 

Brandon 

Dawes 

Johnson,  L.  C.  Moore 

Traeger 

Brenholt 

Dupuy,  G.  A. 

Latchford 

Pincus 

Trautmann 

Cary,  C.  D. 

Elting 

Lill 

Shanahan 

Wilson 

Clarke 

Eyke 

Lindly 

Sutherland 

Wolff 

Coolley 

Hamill 

AIcEwen 

Tebbens 

Air.  President 

Corlett 


Nays — 31. 

Section  6,  having  received  the  votes  of  less  than  a  majority  of  the 
delegates  elected,  failed  to  pass. 

Mr.  Hull  moved  to  reconsider  the  vote  by  which  section  2  had  failed 
to  pass. 

Mr.  Jarman  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in  the 


negative. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


597 


The  question  recurring  on  the  motion  to  reconsider,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  42;  nays,  11. 

And  the  motion  prevailed. 

Whereupon  Mr.  Hull  moved  that  further  consideration  of  section  2 
be  postponed. 

The  question  being  on  the  motion  to  postpone,  a  division  of  the 
Convention  was  had,  resulting  as  follows:  Yeas,  23;  nays,  22. 

And  the  motion  prevailed. 

Mr.  Hull  moved  to  reconsider  the  vote  by  which  section  6  had  failed 
to  pass. 

And  the  motion  prevailed. 

Whereupon  Mr.  Hull  moved  that  further  consideration  of  section  6 
be  postponed. 

And  the  motion  prevailed. 

Section  2  of  the  report  of  the  Committee  on  Phraseology  and  Style 
was  taken  up  and  read  at  large. 

Whereupon  Mr.  Lindly  moved  that  sections  4,  5  and  7  of  the  report 
of  the  Committee  of  the  Whole  be  substituted  for  section  2,  of  the  report 
of  the  Committee  on  Phraseology  and  Style. 

And  the  motion  prevailed. 

Section  4,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  68;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Dawes 

Ireland 

Mills 

Stahl 

Barr 

Dietz 

Jack 

Moore 

Sutherland 

Beckman 

Dunlap 

Jarman 

Nichols 

Taff 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Paddock 

Tebbens 

Brenholt 

Elting 

Johnson,  W.  A. 

Parker 

Torrance 

Brewster 

Fyke 

Latchford 

Pincus 

Traeger 

Cary,  C.  D, 

Gale 

Lill 

Pinnell 

Trautmann 

Carlstrom 

Garrett 

Lindly 

Quinn 

Wall 

Catron 

Goodyear 

Mack 

Rinaker 

Warren 

Clarke 

Gray 

Mayer 

Shanahan 

Wilson 

Coolley 

Hamill 

McEwen 

Shuey 

Wolff 

Corlett 

Hogan 

McGuire 

Six 

Mr.  President 

Cutting 

Hollenbeck 

Meinert 

Smith 

Yeas — 68. 

Davis 

Hull 

Mighell 

Sneed 

Nays — 0. 

Section  4,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

Section  5,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  ITamill  moved  to  strike  out  the  word  “or”  in  line 
4,  of  section  5. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  section  5,.  as  amended,  a 
call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  66;  nays,  0. 


598 


JOURNAL  OF  THE  [Apr.  27, 


Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Dawes 

Ireland 

Mills 

Stahl 

Barr 

Dietz 

Jack 

Moore 

Sutherland 

Beckman 

Dunlap 

Jarman 

Nichols 

Taft 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Paddock 

Tebbens 

Brenholt 

El  ting 

Johnson,  W.  A. 

Parker 

Torrance 

Brewster 

Fyke 

Latchford 

Pincus 

Traeger 

Cary,  C.  D. 

Gale 

Lill 

Pinnell 

Trautmann 

Carlstrom 

Garrett 

Lindly 

Quinn 

Wall 

Catron 

Goodyear 

Mack 

Shanahan 

Warren 

Clarke 

Gray 

McEwen 

Shuey 

Wilson 

Coolley 

Hamill 

McGuire 

Six 

Wolff 

Corlett 

Hogan 

Meinert 

Smith 

Mr.  President 

Cutting 

Hollenbeck 

Mighell 

Sneed 

Yeas — 61 

Davis 

Hull 

1  ' 

Nays — 1 

Section  5,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Section  7,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  Barr  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  5. 

Amend  section  7  by  substituting  the  last  paragraph  of  section  2  there¬ 
for,  as  follows: 

“Section  7.  Leases  of  State  canals  and  waterways  and  of  S^ate  prop¬ 
erty  held  in  connection  therewith  shall  be  subject  to  revaluation  every 
twenty  years.” 

And  the  amendment  was  adopted. 

Mr.  Rinaker  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No,  6. 

Amend  section  7  by  inserting  after  the  word  “therewith”  the  words, 
“including  water  power.” 

And  the  amendment  was  adopted. 


The  question  then  being  on  the  adoption  of  section  7,  as  amended,  a 
call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  66 ;  nays,  0. 


Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

Dunlap 

Jarman 

Moore 

Stahl 

Barr 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Nichols 

Sutherland 

Beckman 

Elting 

Johnson,  W.  A. 

Paddock 

Taff 

Brandon 

Fyke 

Latchford 

Parker 

Tebbens 

Brenholt 

Gale 

Lill 

Pincus 

Torrance 

Brewster 

Garrett 

Lindly 

Pinnell 

Traeger 

Cary,  C.  D. 

Goodyear 

Mack 

Quinn 

Trautmann 

Catron 

Gray 

Mayer 

Rinaker 

Wall 

Clarke 

Hamill 

McEwen 

Shanahan 

W  arren 

Coolley 

Hogan 

McGuire 

Shuey 

Wilson 

Corlett 

Hollenbeck 

Meinert 

Six 

Wolff 

Cutting 

Hull 

Mighell 

Smith 

Mr.  President 

Dawes 

Ireland 

Mills 

Sneed 

Yeas — 66. 

Dietz 

Jack 

Nays — 0. 

Section  7,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

The  Convention  proceeding  upon  the  consideration  of  Report  No. 
15,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Home 
Rule  and  Zoning,  section  5  thereof  was  taken  up  and  read  at  large. 


CONSTITUTIONAL  CONVENTION. 


599 


1922.] 


And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  66  5  nays,  0. 

mi  1  •  •  n.  _  _  ^  n  -n  /-V  •  AIaC’CT’C 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Clarke 
Coolley 
Corlett 
Cutting 
Davis 


Dawes 

Ireland 

Dietz 

Jack 

Dunlap 

Jarman 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Elting 

Johnson,  W.  A. 

Fyke 

Latchford 

Gale 

Lill 

Garrett 

Lindly 

Goodyear 

Mack 

Gray 

Mayer 

Hamill 

McEIwen 

Hogan 

McGuire 

Hollenbeck 

Meinert 

Hull 

Mighell 

Mills 

Moore 

Nichols 

Paddock 

Parker 

Pincus 

Pinnell 

Quinn 

Rinaker 

Shanahan 

Shuey 

Six 


Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Whitman 

Wilson 

Mr.  President 

Yeas — 66. 
Nays — 0. 


JtiUll  _  “ 

Section  5,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  8  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Garrett  offered  the  following  amendment  and  moved 
its  adoption : 

Amendment  No.  1. 


Amend  section  8  by  adding  after  word  “valid-’  the  words:  “Such  regu¬ 
lations  may  be  prospective  only.” 

And  the  amendment  was  lost. 

Mr.  Dupuy  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  2. 

Amend  section  8  by  substituting  the  following  words  therefor: 

“Section  8.  The  General  Assembly  may  authorize  municipal  corpora¬ 
tions  to  adopt  reasonable  regulations  governing  in  specific  zones,  the  use 
and  appearance  of  lands  and  the  character,  use  and  appearance  of  structures. 

And  the  amendment  was  adopted. 

Mr.  Mayer  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  3. 

Amend  section  8  by  adding  thereto  the  following: 

“But  no  such  regulations  shall  apply  to  or  affect  any  rights  or  condi¬ 
tions  existing  at  the  time  of  the  adoption  of  such  regulations. 

And  the  amendment  was  lost. 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption: 

Amendment  No.  4. 

Amend  section  8  by  adding  thereto  the  following: 

“Such  regulations  may  be  made  so  as  to  affect  the  future  or  prospective 
uses  of  property,  as  distinguished  from  its  use  at  the  time  of  the  adoption 
thereof,  and  so  as  to  permit  the  continuation  of  any  existing  use  oi  proper ty 
in  close  proximity  to  other  property  on  which  such  use  is  restricted.” 

Pending  discussion,  Mr.  Davis  moved  that  further  consideration  of 
section  8,  together  with  the  pending  amendment,  be  postponed. 

And  the  motion  prevailed. 


GOO 


JOURNAL  OF  THE 


[Apr.  27 , 


The  Convention  proceeding  upon  the  consideration  of  Report  No. 
4,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  educa¬ 
tion,  section  1  thereof  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  66 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Dawes 

Jarman 

Moore 

Stahl 

Barr 

Dietz 

Johnson,  L.  C. 

Nichols 

Sutherland 

Beckman 

Dunlap 

Johnson,  W.  A. 

Paddock 

Taft 

Brandon 

Dupuy,  G.  A. 

Latchford 

Parker 

Tebbens 

Brenholt 

Elting 

Lill 

Pincus 

Torrance 

Brewster 

Garrett 

Lindly 

Pinnell 

Traeger 

Cary,  C.  D, 

Goodyear 

Mack 

Quinn 

Trautmann 

Carlstrom 

Gray 

Mayer 

Rinaker 

Wall 

Catron 

Hamill 

McEwen 

Shanahan 

Warren 

Clarke 

Hogan 

McGuire 

Shuey 

Wilson 

Coolley 

Hollenbeck 

Meinert 

Six 

Wolff 

Corlett 

Hull 

Mighell 

Smith 

Mr.  President 

Cutting 

Ireland 

Mills 

Sneed 

Yeas — 

Davis 

Jack 

Nays- 

Section  1,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to 
the  Committee  on  Phraseology  and  Style  for  action  as  provided  by 
Rule  20. 

Section  2  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Gray  offered  the  following  amendment  and  moved 
its  adoption: 


Amendment  No.  1. 

Amend  section  2  by  adding  the  following:  “and  the  system  of  State 
Normal  Schools.”  , 

And  the  question  being  on  the  adoption  of  the  amendment,  a 
division  of  the  Convention  was  had,  resulting  as  follows:  Yeas,  32; 
nays,  17. 

And  the  amendment  was  adopted. 


The  question  then  being  on  the  adoption  of  section  2,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  53 ;  nays,  12. 


Those  voting  in  the  affirmative  are :  Messrs. 

Adams 

Davis 

Hull 

Mighell 

Sneed 

Barr 

Dawes 

Ireland 

Moore 

Stahl 

Beckman 

Dietz 

Jack 

Nichols 

Sutherland 

Brandon 

Dunlap 

Jarman 

Paddock 

Torrar.ce 

Brenholt 

Dupuy,  G.  A. 

Johnson, 

L.  C.  Pinnell 

Traeger 

Brewster 

Elting 

Johnson, 

W.  A.  Quinn 

Wall 

Catron 

Gale 

Lill 

Rinaker 

W  arren 

Clarke 

Garrett 

Lindly 

Shuey 

Wilson 

Coolley 

Gray 

Mack 

Six 

Wolff 

Corlett 

Hogan 

Mayer 

Smith 

Mr.  President 

Cutting 

Hollenbeck 

McEwen 

Yeas — 53. 

Those  voting  in  the  negative  are : 

Messrs. 

Cary,  C.  D. 

Hamill 

Meinert 

Shanahan 

Tebbens 

Carlstrom 

Latchford 

Mills 

Taff 

Trautmann 

Goodyear 

McGuire 

Nays — 12. 

Section  2,  having  received  the  votes  of  a  majority  of  the  delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  3  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


601 


Amendment  No.  2. 

Amend  section  3  by  changing  the  period  at  the  end  of  the  sentence  to  a 
comma  and  adding  the  words  “except  that,  by  consent  of  the  school  officers 
holding  the  legal  title,  special  assessments  may  be  levied  on  school  prop¬ 
erty”;  so  that  the  section  will  read: 

“Property  received  for  public  education  and  the  proceeds  of  such  prop¬ 
erty  shall  not  be  diverted  to  another  puropse,  except  that,  by  consent  of  the 
school  officers  holding  the  legal  title,  special  assessments  may  be  levied  on 
school  property.” 

And  the  amendment  was  adopted. 


The  question  then  being  on  the  adoption  of  section  3,  as  amended,  a 


call  of  the  roll  was  had, 
Those  voting  in  the 

resulting  as  follows :  Yeas, 
affirmative  are :  Messrs. 

61 ;  nays,  0. 

Adams 

Davis 

Hull 

Mighell 

Stahl 

Barr 

Dawes 

Jack 

Mills 

Sutherland 

Beckman 

Dietz 

Johnson,  L.  C. 

Moore 

Taft 

Brandon 

Dunlap 

Johnson,  W.  A. 

Nichols 

Tebbens 

Brenholt 

Dupuy,  G.  A.  Latchford 

Paddock 

Torrance 

Brewster 

Elting 

Dill 

Parker 

Traeger 

Cary,  C.  D. 

Gale 

Ldndly 

Pinnell 

Trautmann 

Carlstrom 

Garrett 

Mack 

Rinaker 

Wall 

Catron 

Goodyear 

Mayer 

Shuey 

Warren 

Clarke 

Gray 

McEwen 

Six 

Wolff 

Coolley 

Hamill 

McGuire 

Smith 

Mr.  President 

Corlett 

Cutting 

Hogan 

Hollenbeck 

Meinert 

Sneed 

Yeas — 61. 
Nays — 0. 

Section  3, 

having  received  the  votes  of 

a  majority  of  the  delegates 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 


Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  4  was  taken  up  and  read  at  large. 

Pending  roll  call,  Mr.  Brandon  moved  that  further  consideration  of 
section  4  be  postponed. 

And  the  motion  prevailed. 

Section  5  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had. 

resulting  as 

follows :  Yeas, 

64;  nays,  0. 

Those  v 

oting  in  the 

affirmative  are : 

Messrs. 

Adams 

Davis 

Ireland 

Mighell 

Sneed 

Barr 

Dawes 

Jack 

Mills 

Stahl 

Beckman 

Dietz 

Jarman 

Moore 

Sutherland 

Brandon 

Dunlap 

Johnson,  L.  C. 

Nichols 

Taff 

Brenholt 

Dupuy,  G.  A. 

Johnson,  W.  A.  Paddock 

Tebbens 

Brewster 

Elting 

Latchford 

Parker 

Torrance 

Cary,  C.  D. 

Gale 

Lill 

Pinnell 

Traeger 

Carlstrom 

Garrett 

Lindly 

Quinn 

Trautmann 

Catron 

Goodyear 

Mack 

Rinaker 

Warren 

Clarke 

Gray 

Mayer 

Shanahan 

Wilson 

Coolley 

Hamill 

McEwen 

Shuey 

Wolff 

Corlett 

Hogan 

McGuire 

Six 

Mr.  President 

Cutting 

Hollenbeck 

Meinert 

Smith 

Yeas — i 

Nays — 0. 


Section  5,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  6  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Gray  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  3. 

Amend  section  6  by  inserting  after  the  word  “elections”  in  line  4,  the 
words  “or  appointment.” 


602 


JOURNAL  OF  THE 


[Apr.  27, 


Ancl  the  amendment  was  adopted. 


The  question  then  being  on  the  adoption  of  section  6,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  63;  nays,  0. 


Those  voting  in  the  affirmative  are:  Messrs. 

Adams 

Davis 

Ireland 

Mills 

Stahl 

Barr 

Dawes 

Jack 

Moore 

Sutherland 

Beckman 

Dietz 

Jarman 

Nichols 

Taft 

Brandon 

Dunlap 

Johnson,  L.  C. 

O’Brien 

Tebbens 

Brenholt 

Dupuy,  G.  A. 

Johnson,  W.  A. 

Paddock 

Torrance 

Brewster 

Elting 

Latchford 

Parker 

Traeger . 

Cary,  C.  D. 

Gale 

Dill 

Quinn 

Trautmann 

Carlstrom 

Garrett 

Mack 

Rinaker 

Wall 

Catron 

Gray 

Mayer 

Shanahan 

Wilson 

Clarke 

Hamill 

McEwen 

Shuey 

Wolff 

Coolley 

Hogan 

McGuire 

Six 

Mr.  President 

Corlett 

Hollenbeck 

Meinert 

Smith 

Yeas — 63. 

Cutting 

Hull 

Mighell 

Sneed 

Nays — 0. 

Section  6,  having  received  the  votes  of 

a  majority  of  the  Delegates 

elected,  was 

declared  passed. 

and,  under  the 

rules,  was 

re-referred  to  the 

Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
By  nnanimons  consent,  Mr.  Warren  was  excused  from  further  at¬ 


tendance  at  the  sessions  of  the  Convention  until  Monday  night. 

At  the  hour  of  6  :30  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


603 


FRIDAY,  APRIL  28,  1922,  9:00  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  J.  C.  Brown,  of  the  First  Methodist 
Episcopal  Church,  of  Rushville. 

The  Journal  of  Wednesday,  April  26th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25th,  the  Secretary 
called  the  roll  of  the  Convention,  which  resulted  as  follows :  Pres¬ 
ent,  70. 

Those  .voting  present  are :  Messrs. 


Adams 

Cutting 

Hogan 

Meinert 

Smith 

Adamkiewicz 

Davis 

Hollenbeck 

Mighell 

Sneed 

Barr 

Dawes 

Hull 

Mills 

Stahl 

Beckman 

Dietz 

Ireland 

Moore 

Sutherland 

Brandon 

Dunlap 

Jack 

Nichols 

TafC 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Paddock 

Tebbens 

Brewster 

Elting 

Johnson,  L.  C. 

Parker 

Torrance 

Cary,  C.  D. 

Fyke 

Johnson,  W.  A. 

Pincus 

Traeger 

Carlstrom 

Gale 

Latchford 

Pinnell 

Trautmann 

Catron 

Ganschow 

Lill 

Quinn 

Wall 

Chew 

Garrett 

Lindly 

Rinaker 

Wilson 

Clarke 

Goodyear 

Mack 

Shanahan 

Wolff 

Coolley 

Corlett 

Gray 

Hamill 

McEwen 

McGuire 

Shuey 

Six 

Woodward 
Mr.  President 

Present — 70. 

By  unanimous  consent  Mr.  Stahl  was  excused  from  further  attend¬ 
ance  at  the  sessions  of  the  Convention  until  Monday. 

By  unanimous  consent  Mr.  Hollenbeck  was  excused  from  further 
attendance  at  the  sessions  of  the  Convention  until  Tuesday. 

Bv  unanimous  consent  Mr.  Wolff  was  excused  from  further  attend- 
ance  at  the  sessions  of  the  Convention  until  Monday. 

By  unanimous  consent  Mr.  Wilson  was  excused  from  attendance  at 
the  sessions  of  the  Convention  held  on  Monday. 

By  unanimous  consent  Mr.  Cutting  was  excused  from  further  at¬ 
tendance  at  the  sessions  of  the  Convention  until  Monday. 

The  Convention  proceeding  upon  the  consideration  of  Report  Xo. 
19,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Ex¬ 
ecutive  Department,  section  1  thereof  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption. 


Amendment  No.  1. 

Amend  section  1  by  adding  in  the  first  line  of  the  second  paragraph 
after  the  word  “officers”  the  word  “specifically”  sc  that  the  section  will  read: 

“Section  1.  The  Executive  Department  shall  consist  of  a  Governor. 
Lieutenant  Governor.  Secretary  of  State,  Attorney  General,  Treasurer, 
Auditor  of  Public  Accounts,  Superintendent  of  Public  Instruction  and  such 
other  officers  as  provided  by  law. 


604 


JOURNAL  OF  THE 


[Apr.  28, 


“The  officers  specifically  named  in  this  section  shall  be  elected  for  terms 
of  four  years  from  the  second  Monday  in  January  after  their  election.  Ex¬ 
cept  the  Lieutenant  Governor,  they  shall  reside  at  the  seat  of  government 
during  their  terms. 

“The  public  records  and  papers  of  the  Executive  Department  shall  be 
kept  at  the  seat  of  government.'’ 

And  the  amendment  was  adopted. 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption : 


Amendment  No.  2. 


Amend  section  1  by  adding  at  the  end  thereof  the  following: 

“The  Legislature  may,  by  a  two-thirds  vote  of  the  members  elected  to 
each  House  and  entered  upon  the  Journal,  provide  that  the  office  of  Secretary 
of  State,  Treasurer  and  Superintendent  of  Public  Instruction  shall  be  filled 
by  appointment  by  the  Governor.” 


The  question  being  on  the  adoption  of  the  amendment,  on  demand 
of  five  Delegates,  a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas, 
38;  nays,  21. 

Those  voting  in  the  affirmative  are :  Messrs. 


Barr 

Beckman 

Brandon 

Brenholt 

Cary,  C.  D. 

Catron 

Corlett 

Cutting1 


Davis 

Dawes 

Dupuy,  G.  A. 

Fyke 

Garrett 

Hamill 

Hollenbeck 

Hull 


Johnson,  L.  C. 

Latchford 

Lindly 

Mack 

Mighell 

Mills 

Moore 

Pinnell 


Quinn 

Rinaker 

Shanahan 

Shuey 

Six 

Taff 

Tebbens 


Torrance 

Trautmann 

Wall 

Wilson 

Wolff 

Woodward 

Mr.  President 

Yeas — 38. 


Those  voting  in  the  negative  are :  Messrs. 


Adams 

Adamkiewicz 

Brewster 

Carlstrom 

Chew 

Clarke 

Coolley 


Dietz 

Dunlap 

Elting 

Gale 

Goodyear 

Gray 


Hogan 

Ireland 

Jack 

Jarman 

Johnson,  W.  A. 

Dill 


McEwen 

McGuire 

Meinert 

Nichols 

Paddock 

Parker 


Pincus 
Smith  ■ 

Sneed 

Stahl 

Sutherland 

Traeger 

Nays — 31. 


And  the  amendment  was  adopted. 

Mr.  Elting  offered  the  following  amendment  and  moved  its  adop¬ 


tion  : 


Amendment  No.  3. 


Amend  the  second  paragraph  of  section  1,  by  inserting  after  the  word 
“election”  in  the  4th  line,  the  following:  “Provided  the  Governor  shall  not 
be  eligible  to  succeed  himself  or  be  a  candidate  for  any  office  during  his 
term.” 

And  the  amendment  was  lost. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  4. 

Amend  section  1  by  inserting  after  the  word  “years”  in  line  3  of  para¬ 
graph  2,  the  following:  “Except  Treasurer,  whose  term  of  office  shall  be 
two  years.” 

And  the  amendment  was  lost. 

Mr.  G.  A.  Dupuy  offered  the  following  amendment  and  moved  its 
adoption : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


605 


Amendment  No.  5. 

Amend  section  1.  by  inserting-  after  the  word  “election”  in  the  4th  line 
of  the  second  paragraph  the  following:  “Provided  the  Governor  shall  not 
succeed  himself.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  28;  nays,  41. 

And  the  amendment  was  lost. 

Mr.  Binaker  offered  the  following  amendment  and  moved  'its  adop¬ 
tion  : 


Amendment  No.  6. 

Amend  section  1,  as  amended,  by  inserting  the  words  “Attorney  General” 
after  the  words  “Secretary  of  State.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  38;  nays,  23. 

And  the  amendment  was  adopted. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

Amendment  No.  7. 

Amend  section  I  by  adding  at  the  end  thereof  the  following:  “When¬ 
ever  the  General  Assembly  shall  provide  for  the  appointment  of  any  of  these 
officers,  it  shall  coincidently  provide  for  a  complete  system  of  civil  service 
for  all  offices  of  this  State.” 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  1,  as 
amended,  a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  40 ; 


navs,  30. 


Those  voting  in  the  affirmative  are 

:  Messrs. 

Barr 

Corlett 

Hamill 

Mills 

Taff 

Beckman 

Cutting 

Hollenbeck 

Moore 

Torrance 

Brandon 

Davis 

Ireland 

Pinnell 

Traeger 

Brenholt 

Dawes 

Johnson,  L.  C.  Quinn 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Latchford 

Rinaker 

Wilson 

Catron 

Fyke 

Lindly 

Shanahan 

Wolff 

Chew 

Ganschow 

Mack 

Shuey 

Woodward 

Clarke 

Garrett 

Mighell 

Six 

Mr.  President 

Yeas — 40. 

Those  voting  in  the  negative  are : 

Messrs. 

Adams 

Dunlap 

Hull 

McGuire 

Smith 

Adamkiewicz 

Siting 

Jack 

Meinert 

Sneed 

Brewster 

Gale 

Jarman 

Nichols 

Stahl 

Carlstrom 

Goodyear 

Johnson,  W. 

A.  Paddock 

Sutherland 

Coolley 

Gray 

Lill 

Parker 

Tebbens 

Dietz 

Hogan 

McEwen 

Pincus 

Wall 

Nays — 30. 

Section  1,  having  received  the  votes  of  less  than  a 
Delegates  elected,  failed  to  pass. 

majority  of  the 

Mr.  Hull 

moved  to  reconsider  the  vote  by  which 

section  1  had 

failed  to  pass. 


And  the  motion  prevailed. 

Mr.  Hull  thereupon  moved  to  amend  section  1  by  striking  out  the 
words  “Attorney  General.” 

And  the  motion  prevailed. 


606 


JOURNAL  OF  THE 


[Apr.  28, 


Mr.  Gale  moved  to  amend  section  1  by  striking  out  the  words 
“ Superintendent  of  Public  Instruction.” 

And  the  motion  was  lost. 

The  question  again  being  on  the  adoption  of  section  1,  as  amended, 


a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  43;  nays,  27. 


Those 

voting  in  the  affirmative  are: 

Messrs. 

Barr 

Cutting 

Hull 

Moore 

Taff 

Beckman  * 

Davis 

Ireland 

Paddock 

Torrance 

Brandon 

Dawes 

Johnson,  L.  C. 

Pinnell 

Traeger 

Brenholt 

Dupuy,  G.  A. 

Latchford 

Quinn 

Wall 

Cary,  C.  D. 

Fyke 

Lindly 

Rinaker 

Wilson 

Catron 

Ganschow 

Mack 

Shanahan 

Wolff 

Chew 

Garrett 

McEwen 

Shuey 

Woodward 

Clarke 

Hamill 

Mighell 

Six 

Mr.  President 

Corlett 

Hollenbeck 

Mills 

Teas — 43. 

Those 

voting  in  the  negative  are:  Messrs. 

Adams 

Dunlap 

Jack 

Meinert 

Sneed 

Adamkiewicz 

Elting 

Jarman 

Nichols 

Stahl 

Brewster 

Gale 

Johnson,  W.  A. 

Parker 

Sutherland 

Carlstrom 

Goodyear 

Lill 

Pincus 

Tebbens 

Coolley 

Gray 

McGuire 

Smith 

Trautmann 

Dietz 

Hogan 

Nays — 27. 

Section  1,  having  received  the  votes  of  less  than  a 

majority  of  the 

Delegates  elected,  failed  to 

pass. 

Mr.  Trautmann  moved  to  reconsider  the  vote  by 

which  section  1 

had  failed  to  pass. 

And  the  motion  prevailed. 

Mr.  Trautmann  thereupon  moved  to  amend  section  1  by  striking 


out  the  last  sentence  thereof. 


And  the  motion  prevailed. 

The  question  again  being  on  the  adoption  of  section  1,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  65;  nays,  5. 


Those  voting  in  the 

affirmative  are: 

Messrs. 

• 

Adams 

Corlett 

Gray 

McGuire 

Shuey 

Adamkiewicz 

Cutting 

Hogan 

Meinert 

Six 

Barr 

Davis 

Hollenbeck 

Mighell 

Smith 

Beckman 

Dawes 

Ireland 

Mills 

Sneed 

Brandon 

Dietz 

Jack 

Moore 

Stahl 

Brenholt 

Dunlap 

Jarman 

Nichols 

Sutherland 

Brewster 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Paddock 

Taff 

Cary,  C.  D. 

Elting 

Johnson,  W.  A 

Parker 

Tebbens 

Carlstrom 

FTke 

Latchford 

Pincus 

Torrance 

Catron 

Gale 

Lill 

Pinnell 

Traeger 

Chew 

Ganschow 

Lindly 

Quinn 

Trautmann 

Clarke 

Garrett 

Mack 

Rinaker 

Wall 

Coolley 

Goodyear 

McEwen 

Shanahan 

Mr.  President 
Yeas — 65 

Those  voting  in  the  negative  are:  Messrs. 

Hamill  Hull  Wilson  Wolff  Woodward 

Nays — 5. 

Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Eule  20. 
Section  2  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  69 ;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


607 


Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

Cutting 

Hogan 

Mighell 

Adamkiewicz 

Davis 

Hollenbeck 

Mills 

Barr 

Dawes 

Ireland 

Moore 

Beckman 

Dietz 

Jack 

Nichols 

Brandon 

Dunlap 

Jarman 

Paddock 

Brenholt 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Parker 

Brewster 

Elting 

Johnson,  W.  A. 

Pincus 

Cary,  C.  D. 

Fyke 

Latchford 

Pinnell 

Carlstrom 

Gale 

Lill 

Quinn 

Catron 

Ganschow 

Lindly 

Rinaker 

Chew 

Garrett 

Mack 

Shanahan 

Clarke 

Goodyear 

McEwen 

Shuey 

Coolley 

Gray 

McGuire 

Six 

Corlett 

Hamill 

Meinert 

Smith 

Sneed 
Stahl 

Sutherland 
Taff 
Tebbens 
Torrance 
Traeger 
Trautmann 
Wall 
Wilson 
Wolff 
Woodward 
Mr.  President 

Teas — 69. 

Nays — 0. 

Section  2,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

Section  3  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  69 ;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 

Sneed 
Stahl 

Sutherland 
Taff 
Tebbens 
Torrance 
Traeger 
Trautmann 
Wall 
Wilson 
Wolff 
Woodward 
Mr.  President 

Yeas — 69. 

Nays — 0. 

Section  3,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

Section  4  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Areas,  66;  nays,  0. 

Those  v 

Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 

Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 

Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 

Section  414  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption : 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Davis 

Hollenbeck 

Mighell 

Adamkiewicz 

Dawes 

Hull 

Mills 

Barr 

Dietz 

Ireland 

Moore 

Beckman 

Dunlap 

Jack 

Nichols 

Brandon 

Dupuy,  G.  A. 

Jarman 

Paddock 

Brenholt 

Elting 

Johnson,  L.  C. 

Parker 

Brewster 

Fyke 

Johnson,  W.  A. 

Pincus 

Cary,  C.  D. 

Gale 

Latchford 

Pinnell 

Carlstrom 

Ganschow 

Lill 

Quinn 

Catron 

Garrett 

Lindly 

Rinaker 

Clarke 

Goodyear 

Mack 

Shanahan 

Coolley 

Gray 

McEwen 

Shuey 

Corlett 

Hamill 

McGuire 

Six 

Cutting 

Hogan 

Meinert 

Smith 

mg  in  the 

affirmative  are : 

Messrs. 

Cutting 

Hollenbeck 

Mighell 

Stahl 

Davis 

Ireland 

Mills 

Sutherland 

Dawes 

Jack 

Moore 

Taff 

Dietz 

Jarman 

Nichols 

Tebbens 

Dunlap 

Johnson,  L.  C. 

Paddock 

Torrance 

Elting 

Johnson,  W.  A. 

Parker 

Traeger 

Fyke 

Latchford 

Pincus 

Trautmann 

Gale 

Lill 

Pinnell 

Wall 

Ganschow 

Lindly 

Rinaker 

Wilson 

Garrett 

Mack 

Shuey 

Wolff 

Goodyear 

McEwen 

Six 

Woodward 

Gray 

McGuire 

Smith 

Mr.  President 

Hamill 

Meinert 

Sneed 

Yeas — 6 

Hogan 

Nays — ' 

608 


JOURNAL  OF  THE 


[Apr.  28. 


Amendment  No.  8. 

Amend  the  note  at  the  end  of  section  four  so  that  the  figures  in  the  last 
line  will  read  “1926,”  so  that  the  note  will  read: 

“To  be  put  in  schedule.  After  the  adoption  of  this  Constitution  the 
first  election  for  Governor,  Lieutenant  Governor,  Secretary  of  State,  Attorney 
General,  Treasurer,  and  Auditor  of  Public  Accounts  shall  be  held  in  1924 
and  the  first  election  for  Superintendent  of  Public  Instruction  in  1926.” 


And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  4 as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  66 ;  nays,  0. 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Cutting 

Hogan 

Meinert 

Six 

Adamkiewicz 

Davis 

Hollenbeck 

Mighell 

Smith 

Barr 

Dawes 

Ireland 

Mills 

Sneed 

Beckman 

Dietz 

Jack 

Moore 

Sutherland 

Brandon 

Dunlap 

Jarman 

Nichols 

TafC 

Brenholt 

Dupuy,  G.  A. 

.T ohnson,  L.  C. 

Paddock 

Tebbens 

Brewster 

Elting 

Johnson,  W.  A. 

Parker 

Traeger 

Cary,  C.  D. 

Fyke 

Latchford 

Pincus 

Trautmann 

Carlstrom 

Gale 

Lill 

Pinnell 

Wall 

Catron 

Gan s chow 

Lindly 

Quinn 

woife 

Chew 

Garrett 

Mack 

Rinaker 

Woodward 

Clarke 

Goodyear 

McEwen 

Shanahan 

Mr.  President 

Coolley 

Gray 

McGuire 

Shuey 

Yeas — 66. 

Corlett 

Hamill 

Nays — 0. 

Section  414,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  5  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had, 

resulting  as 

follows:  Yeas,  i 

67 ;  nays,  0. 

Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Cutting 

Hogan 

Mighell 

Sneed 

Adamkiewicz 

Davis 

Hollenbeck 

Mills 

Sutherland 

Barr 

Dawes 

Ireland 

Nichols 

Taff 

Beckman 

Dietz 

Jack 

Paddock 

Tebbens 

Brandon 

Dunlap 

Jarman 

Parker 

Torrance 

Brenholt 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Pincus 

Traeger 

Brewster 

Elting 

Johnson,  W.  A. 

Pinnell 

Trautmann 

Cary,  C.  D. 

Fyke 

Latchford 

Quinn 

Wall 

Carlstrom 

Gale 

Lill 

Rinaker 

Wilson 

Catron 

Ganschow 

Lindly 

Shanahan 

Wolff 

Chew 

Garrett 

Mack  . , 

Shuey 

Woodward 

Clarke 

Goodyear 

McEwen 

Six 

Mr.  President 

Coolley 

Gray 

McGuire 

Smith 

Yeas — 6 

Corlett 

Hamill 

Meinert 

Nays — 1 

Sections, 

having  received  the  votes  of 

a  majority  of 

the  Delegate 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Section  6  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Trautmann  offered  the  following  amendment  and 
moved  its  adoption : 

Amendment  No.  9. 

Amend  section  6  by  striking  out  the  last  paragraph  thereof. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  6,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  65;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


609 


Those 

voting  in  the 

affirmative  are: 

Messrs. 

Adams 

Cutting 

Hogan 

Mighell  . 

Adamkiewicz 

Davis 

Hollenbeck 

Mills 

Barr 

Dawes 

Jack 

Moore 

Beckman 

Dietz 

Jarman 

Nichols 

Brandon 

Dunlap 

Johnson,  L.  C. 

Paddock 

Brenholt 

Dupuy,  G.  A. 

Johnson,  W.  A. 

Parker 

Brewster 

Elting 

Latchford 

Pincus 

Cary,  C,  D. 

Fyke 

Lill 

Pinnell 

Carlstrom 

Gale 

Lindly 

Quinn 

Catron 

Ganschow 

Mack 

Rinaker 

Chew 

Garrett 

McEwen 

Shanahan 

Clarke 

Goodyear 

McGuire 

Shuey 

Coolley 

Gray 

Meinert 

Six 

Corlett 

Smith 
Sneed 
Sutherland 
Taft 
Tebbens 
Torrance 
Traeger 
Trautmann 
Wall 
Wolff 
Woodward 
Mr.  President 

Yeas — 65. 
Nays — 0, 

section  U,  uavixrg  ic^vcu  of  the  Delegates 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  7  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Shanahan  offered  the  following  amendment  and 
moved  its  adoption : 

Amendment  No.  10. 

Amend  section  7,  in  line  6,  by  inserting  the  word  “additional'’  after  the 
word  “one.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  7,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  67 ;  nays,  0. 
Those  voting  in  the  affirmative  are :  Messrs. 

Cutting  Hollenbeck  Mighell 

Davis  Hull  Mills 

Dawes  Ireland  Moore 

Jack  Nichols 

Jarman  Paddock 

Johnson,  D.  C.  Parker 
Johnson,  W.  A.  Pincus 
Latchford  Pinnell 

Lill  Quinn 

Lindly  Rinaker 

Mack  Shanahan 

McEwen  Shuey 

McGuire  Six 

Meinert 

Section  7,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  8  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 


Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 
Fyke 
Gale 

Ganschow 
Garrett 
Goodyear 
Gray 
Hogan 


Smith 

Sneed 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Wolff 

Woodward 

Mr.  President 

Yeas — 67. 

Nays — 0. 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Corlett 

Hogan 

Mighell 

Adamkiewicz 

Cutting 

Hollenbeck 

Mills 

Barr 

Davis 

Hull 

Moore 

Beckman 

Dawes 

Jack 

Nichols 

Brandon 

Dunlap 

Jarman 

Paddock 

Brenholt 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Parker 

Brewster 

Elting 

Johnson,  W.  A. 

Pincus 

Cary,  C.  D. 

Fyke 

Latchford 

Pinnell 

Carlstrom 

Gale 

Lill 

Quinn 

Catron 

Ganschow 

Lindly 

Rinaker 

Chew 

Garrett 

Mack 

Shanahan 

Clarke 

Goodyear 

McEwen 

Shuey 

Coolley 

Gray 

McGuire 

Six 

Smith 

Sneed 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Wolff 

Woodward 

Mr.  President 

Yeas — 64. 

Nays — 0. 


—39  C  J 


610 


JOURNAL  OF  THE 


[Apr.  28. 


Section  8,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was"  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

By  unanimous  consent  Mr.  Brewster  was  excused  from  further 
attendance  at  the  sessions  of  the  Convention  until  Monday. 

By  unanimous  consent  Mr.  McEwen  was  excused  from  further 
attendance  at  the  sessions  of  the  Convention  until  Monday. 

Mr.  Gr.  A.  Dupuy  moved  that  when  the  Convention  adjourns 
tomorrow  it  adjourn  at  noon. 

Mr.  Hamill  moved  to  lay  that  motion  on  the  table. 

The  question  being  on  the  motion  to  table,  it  was  decided  in  the 
affirmative. 

And  the  motion  was  lost. 

Mr.  Barr  moved  that  when  the  Convention  adjourns  tomorrow  it 
do  not  adjourn  until  6  or  7  o’clock  p.  m. 

And  the  motion  prevailed. 

At  the  hour  of  12:30  o’clock  p.  m.,  Mr.  Moore  moved  that  the 
Convention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 


2  :00  o'Clock  P.  M. 

The  hour  of  2:00  o’clock  p.  m.  having  arrived,  the  Convention 
resumed  its  session. 

The  President  presiding.  « 

The  pending  question  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  Report  Yo.  19,  of  the  Committee  on  Phraseology  and  Style, 
section  9  thereof  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Trautmann  moved  to  amend  section  9  by  striking 
out  the  last  paragraph  thereof. 

And  the  motion  prevailed. 


The  question  then  being  on  the  adoption  of  section  9,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  57 ;  nays,  0. 


Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Davis 

Hamill 

Mighell 

Smith 

Barr 

Dawes 

Hogan 

Mills 

Sutherland 

Beckman 

Dietz 

Hull 

Morris 

Taft 

Brandon 

Dunlap 

Jack 

Paddock 

Tebbens 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Parker 

Torrance 

Brewster 

Elting 

Johnson,  L.  C. 

Pinnell 

Traeger 

Carlstrom 

F*yke 

Johnson,  W.  A. 

Quinn 

Trautmann 

Chew 

Gale 

Latchford 

Rinaker 

Wolff 

Clarke 

Ganschow 

Dili 

Shanahan 

Woodward 

Coolley 

Garrett 

Lindly 

Shuey 

Mr.  President 

Corlett 

Goodyear 

Mack 

Six 

Yeas — 57. 

Cutting1 

Gray 

McGuire 

Nays — 0. 

Section  9,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Mr.  Hamill  called  the  attention  of  the  Convention  to  the  fact  that 
he  missed  a  number  of  roll  calls  during  the  morning  session,  that  he 
was  ill  and  lying  down  in  the  President’s  room  and  asked  the  Conven¬ 
tion  to  excuse  his  absence,  and  the  request  was  unanimously  granted. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


611 


Section  10  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Aeas,  56;  nays,  0 
Those  voting  in  the  affirmative  are: 


Adams 

Cutting 

Gray 

Barr 

Davis 

Hamill 

Beckman 

Dawes 

Hogan 

Brandon 

Dietz 

Hull 

Brenholt 

Dunlap 

Jack 

Brewster 

Dupuy,  G.  A. 

Jarman 

Carlstrom 

Elting 

Johnson,  L.  C. 

Catron 

Fyke 

Johnson,  W.  A 

Chew 

Gale 

Latchford 

Clarke 

Ganschow 

Dill 

Coolley 

Garrett 

Lindly 

Corlett 

Goodyear 

Messrs. 

Mack 

McGuire 

Mighell 

Mills 

Moore 

Paddock 

Parker 

Pinnell 

Quinn 

Rinaker 

Shuey 


Smith 
Sutherland 
Taff 
Tebbens 
Torrance 
Traeger 
Trautmann 
WolfC 
Woodward 
Mr.  President 

Yeas — 56. 
Nays — 0. 

Section  10,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  11  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Hull  offered  the  following  amendment  and  moved 
its  adoption: 

Amendment  No.  11. 


Amend  section  11  by  inserting'  therein,  after  the  word  offenses  the 
following  words,  “unless  otherwise  limited  by  law." 


And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  oi  the  section,  a  call  of  the 


63 ;  nays,  0. 


Adams 

Adamkiewicz 

Barr 

Brandon 

Brenholt 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 

Cutting 


ng  in  the 

affirmative  are : 

Messrs. 

Davis 

Hogan 

Mighell 

Dawes 

Hull 

Mills 

Dietz 

Ireland 

Moore 

Dunlap 

Jack 

Paddock 

Dupuy,  G.  A. 

Jarman 

Parker 

Elting 

Johnson,  L.  C. 

Pincus 

Fyke 

Johnson,  W.  A 

Pinnell 

Gale 

Latchford 

Quinn 

Ganschow 

Lill 

Rinaker 

Garrett 

Lindly 

Shanahan 

Goodyear 

Mack 

Shuey 

Gray 

McGuire 

Six 

Hamill 

Meinert 

Smith 

Sneed 

Sutherland 

TafC 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Wolff 

Woodward 

Mr.  President 

Yeas — 63. 

Nays — 0. 


Section  11,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 


Section  12  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  61 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Dawes 

Adamkiewicz 

Dietz 

Barr 

Dunlap 

Brandon 

Dupuy,  G.  A, 

Brenholt 

Elting 

Cary,  C.  D. 

Fyke 

Carlstrom 

Gale 

Catron 

Ganschow 

Chew 

Garrett 

Clarke 

Goodyear 

Coolley 

Gray 

Corlett 

Hamill 

Davis 

Hogan 

Hull 

Mighell 

Ireland 

Mills 

Jack 

Moore 

Jarman 

Paddock 

Johnson,  L.  C. 

Parker 

Johnson,  W.  A. 

Pincus 

Latchford 

Pinnell 

Lill 

Quinn 

Lindly 

Rinaker 

Mack 

Shanahan 

McGuire 

Shuey 

Meinert 

Six 

Smith 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Wolff 

Woodward 

Mr.  President 

Y  eas  ’61. 

Nays — 0. 


I 


612 


JOURNAL  OF  THE 


[Apr.  28, 


Section  12,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  13  was  taken  up  and  read  at  large. 


And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had, 

resulting  as 

follows :  Yeas, 

61 ;  nays,  0. 

Those  voting  in  the 

affirmative  are: 

Messrs. 

Adams 

Dawes 

Ireland 

Mills 

Sneed 

Adamkiewicz 

Dietz 

Jack 

Moore 

Sutherland 

Barr 

Dunlap 

Jarman 

Paddock 

TafiC 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Parker 

Tebbens 

Brenholt 

Elting 

Johnson,  W.  A.  Pincus 

Torrance 

Cary,  C.  D. 

Fyke 

Latchford 

Pinnell 

Traeger 

Carlstrom 

Gale 

Lill 

Quinn 

Trautmann 

Catron 

Garrett 

Lindly 

Rinaker 

Wall 

Chew 

Goodyear 

Mack 

Shanahan 

Wolfe 

Clarke 

Gray 

McGuire 

Shuey 

Woodward 

Coolley 

Hamill 

Meinert 

Six 

Mr.  President 

Corlett 

Hogan 

Mighell 

Smith 

Teas — 61. 

Davis 

Hull 

Nays — 0. 

Section  13,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  14  was  taken  up  and  read  at  large. 


And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had, 

resulting  as 

follows :  Yeas, 

62;  nays,  0. 

Those  voting  in  the 

affirmative  are: 

Messrs. 

Adams 

Dawes 

Hull 

Mills 

Sneed 

Adamkiewicz 

Dietz 

Ireland 

Moore 

Sutherland 

Barr 

Dunlap 

Jack 

Paddock 

TafE 

Beckman 

Dupuy,  G.  A. 

Jarman 

Parker 

Tebbens 

Brandon 

Elting 

Johnson,  L.  C. 

Pincus 

Torrance 

Brenholt 

Fyke 

Johnson,  W.  A. 

Pinnell 

Traeger 

Cary,  C.  D. 

Gale 

Latchford 

Quinn 

Trautmann 

Carlstrom 

Ganschow 

Lill 

Rinaker 

Wall 

Catron 

Garrett 

Lindly 

Shanahan 

Wolff 

Chew 

Goodyear 

Mack 

Shuey 

Woodward 

Clarke 

Gray 

McGuire 

Six 

Mr.  President 

Coolley 

Hamill 

Meinert 

Smith 

Yeas — 62. 

Corlett 

Hogan 

Mighell 

Nays — 0. 

Section  14,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  15  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  61 ;  nays,  0. 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Davis 

Hull 

Mighell 

Smith 

Adamkiewicz 

Dawes 

Ireland 

Mills 

Sutherland 

Barr 

Dietz 

Jack 

Moore 

Taff 

Beckman 

Dunlap 

Jarman 

Paddock 

Tebbens 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Parker 

Torrance 

Brenholt 

Elting 

Johnson,  W.  A. 

Pincus 

Traeger 

Cary,  C.  D. 

Fyke 

Latchford 

Pinnell 

Trautmann 

Carlstrom 

Gale 

Lill 

Quinn 

Wall 

Catron 

Garrett 

Lindly 

Rinaker 

Wolff 

Chew 

Goodyear 

Mack 

Shanahan 

Woodward 

Clarke 

Gray 

McGuire 

Shuey 

Mr.  President 

Coolley 

Hamill 

Meinert 

Six 

Yeas — 

Corlett 

Hogan 

Nays- 

Section  15,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


613 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 


Davis 

Dawes 

Dietz 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fyke 

Gale 

Ganschow 
Garrett 
Goodyear 
Gray 
Hamill 


Sneed 

Sutherland 

TafC 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Wolff 

Woodward 

Mr.  President 

Yeas — 63. 

Nays — 0. 


Section  16  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Teas,  6o ,  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 

Hogan  Mighell 

Hull  Mills 

Ireland  Moore 

Jack  Paddock 

Jarman  Parker 

Johnson,  L.  C.  Pincus 
Johnson,  W.  A.  Pinnell 
Latchford  Quinn 

Lill  Rinaker 

Lindly  Shanahan 

Mack  Shuey 

McGuire  Six 

_  Meinert  Smith 

Section  16,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  17  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  62;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 

Sneed 

-  Sutherland 
Taff 
Tebbens 
Torrance 
Traeger 
Trautmann 
Wall 
Wolff 
Woodward 
Mr.  President 

Yeas — 62. 
Nays — 0. 

Section  17,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  b}r  Rule  20. 
Section  18  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption : 

Amendment  No.  12. 


Adams 

Davis 

Hull 

Mills 

Adamkiewicz 

Dawes 

Ireland 

Moore 

Barr 

Dietz 

Jack 

Paddock 

Beckman 

Dunlap 

Jarman 

Parker 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Pincus 

Brenholt 

Elting 

Johnson,  W.  A. 

Pinnell 

Cary,  C.  D. 

Fyke 

Latchford 

Quinn 

Carlstrom 

Gale 

Lill 

Rinaker 

Catron 

Garrett 

Lindly 

Shanahan 

Chew 

Goodyear 

Mack 

Shuey 

Clarke 

Gray 

McGuire 

Six 

Coolley 

Hamill 

Meinert 

Smith 

Corlett 

Hogan 

Mighell 

Amend  section  18,  so  as  to  read  as  follows: 

“Section  18.  The  officers  of  the  Executive  Department  shall  be  paid 
salaries  and  shall  not  receive  to  their  own  use  any  fees,  costs,  perquisites 
of  office  or  other  compensation. 

All  fees  and  costs  payable  by  law  for  services  performed  by  any  officer 
of  the  Executive  Department  shall  be  paid  in  advance  into  the  State 
Treasury.” 

Pending  consideration,  Mr.  Qninn  offered  the  following  as  a  sub¬ 
stitute  for  Amendment  No.  12,  and  moved  its  adoption : 

Amend  section  18  at  the  end  of  the  first  paragraph  by  striking  on"  the 
period,  inserting  a  comma  and  add  the  following:  “Accompanied  by  an 
itemized  detailed  report,  verified  by  the  affidavit  of  such  officer,  showing  the 
source  from  which  such  fees,  costs,  interests  on  funds,  perquisites  or  com¬ 
pensation  came,’  and  by  adding  after  the  word  “costs”  in  the  first  paragraph 
the  Words,  “interests  on  funds.” 


614 


JOURNAL  OF  THE 


[Apr.  28, 


And  the  substitute  for  Amendment  No.  12  was  adopted. 

Fending  discussion,  Mr.  Trautmann  moved  that  further  considera¬ 
tion  of  section  18  be  postponed. 

And  the  motion  prevailed. 

Section  19  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  59 ;  nays,  4. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Adamkiewicz 

Beckman 

Brandon 

Brenholt 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 


Cruden 

Gray 

Mack 

Sneed 

Davis 

Hamill 

McGuire 

Sutherland 

Dawes 

Hogan 

Meinert 

Taff 

Dietz 

Hull 

Paddock 

Tebbens 

Dunlap 

Ireland 

Parker 

Torrance 

Dupuy,  G.  A. 

Jack 

Pincus 

Traeger 

Elting 

Jarman 

Pinnell 

Trautmann 

Fyke 

Johnson,  L.  C. 

Quinn 

Wall 

Gale 

Johnson,  W.  A. 

Shanahan 

Wolff 

Ganschow 

Latchford 

Shuey 

Woodward 

Garrett 

Lill 

Six 

Mr.  President 

Goodyear 

Lindly 

Smith 

Yeas — 

Those  voting  in  the  negative  are: 

Barr  Mighell  Mills 


Messrs. 

Rinaker 


Nays — 4. 


Section  19,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Mr.  Gale  moved  to  reconsider  the  vote  by  which  section  19  was 


adopted. 

The  motion  prevailed. 

And  section  19  was  again  taken  up. 

Mr.  Gale  thereupon  moved  that  further  consideration  of  section  19 
be  postponed. 

And  the  motion  prevailed. 

Section  20  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  63 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cruden 

Hull 

Mills 

Sneed 

Adamkiewicz 

Dietz 

Ireland 

Moore 

Sutherland 

Barr 

Dunlap 

Jack 

Nichols 

Taff 

Beckman 

Dupuy,  G.  A. 

Jarman 

Paddock 

Tebbens 

Brandon 

Elting 

Johnson,  L.  C. 

Parker 

Torrance 

Brenholt 

Pyke 

Johnson,  W.  A. 

Pincus 

Traeger 

Cary,  C.  D. 

Gale 

Latchford 

Pinnell 

Trautmann 

Carlstrom 

Ganschow 

Lill 

Quinn 

Wall 

Catron 

Garrett 

Lindly 

Rinaker 

Wolff 

Chew 

Goodyear 

Mack 

Shanahan 

Woodward 

Clarke 

Gray 

McGuire 

Shuey 

Mr.  President 

Coolley 

Hamill 

Meinert 

Six 

Yeas — 63. 

Corlett 

Hogan 

Mighell 

Smith 

Nays — 0. 

Section  20,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Kule  20. 
Section  21  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  64;  nays,  0. 


1922. 


CONSTITUTIONAL  CON  VENTION . 


Those  voting  in  the  affirmative  are  :  Messrs. 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 


Cruden 

Davis 

Dawes 

Dietz 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fyke 

Gale 

Ganschow 

Garrett 

Goodyear 

Gray 


Hamill 

Hogan 

Hull 

Jack 

Jarman 

Johnson,  L.  C. 

Johnson,  W.  A. 

Latchford 

Lill 

Dindly 

Mack 

McGuire 

Meinert 


Mighell 

Mills 

Moore 

Nichols 

Paddock 

Parker 

Pincus 

Pinnell 

Quinn 

Rinaker 

Shanahan 

Shuey 

Six 


G15 


Smith 

Sneed 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Wolff 

Woodward 

Mr.  President 

Yeas — 64. 

Nays — 0. 


Section  21,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  t  re 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rnle  20. 
Section  22  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Taff  moved  to  amend  section  22  by  striking  out  tiie 

word  “town”  in  line  2  thereof. 

And  the  motion  was  lost. 

The  question  then  being  on  the  adoption  of  the  section,  a  call  olt  e 
roll  was  had,  resulting  as  follows:  Yeas,  56;  nays,  7. 

Those  voting  in  the  affirmative  are :  Messrs. 

Hull  Meinert 

Ireland  Mighell 

Jack 
Jarman 
Johnson,  L.  C. 

Johnson,  W.  A 
Latchford 
Lill 
Lindly 


Dawes 

Dunlap 

Dupuy,  G.  A. 

Elting 

FYke 

Gale 

Ganschow 

Garrett 

Gray 

Hamill 

Hogan 


Mack 
McGuire 


Moore 
Nichols 
Paddock 
Parker 
Pincus 
Pinnell 
Quinn 
Rinaker 
Shanahan 


Shuey 

Six 

Smith 

Sneed 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Woodward 

Yeas — 56. 


Messrs. 

Wolff 


Mr.  President 

Nays — 7. 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Cary,  C.  D. 

Catron 
Chew 
Clarke 
Corlett 
Cruden 

Those  voting  in  the  negative  are : 

Carlstrom  Goodyear  Sutherland 

Dietz  Mills  _  ^ 

Section  22,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20.. 

The  Convention  proceeding  upon  the  consideration  ol  Report  iNo. 
17.  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  coun¬ 
ties,  section  1  was  taken  up  and  read  at  large.  ^  , 

tY hereupon  Mr.  Clarke  moved  to  strike  out  the  figures  R  -  am 

insert  in  lieu  thereof  the  figures  “1926.” 

And  the  motion  prevailed. 

Air.  Parr  offered  the  following  amendment  and  moved  its  adoption. 


Amendment  No.  1. 

Amend  section  1  by  inserting  after  the  word  “Assessor’’  the  following 
words:  “and  such  other  officers  as  may  be  provided  by  law. 

•  The  question  being  on  the  adoption  of  the  amendment  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Teas,  20;  nays,  21. 

And  the  amendment  was  lost. 

Air.  Taff  offered  the  following  amendment  and  moved  its  adoption: 


616 


JOURNAL  OF  THE 


[Apr.  28, 


Amendment  No.  2. 

Amend  section  1  by  striking  out  the  words  “in  each  county  there  shall 
be  an  assessor  to  be  selected  as  the  General  Assembly  may  provide.” 

And  the  amendment  was  lost. 

Mr.  Barr  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  3. 

Amend  section  1,  line  11,  after  the  word  “elected”  by  inserting  the^  fol¬ 
lowing  words:  “And  in  counties  of  seventy  thousand  or  more  population  a 
county  auditor  may  be  selected  as  provided  by  law.” 

Mr.  Davis  moved  the  previous  question  on  the  amendment. 

And  the  question  being,  “Shall  the  main  question  be  now  put?”  it 
was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  Amendment  Xo.  3,  it 
was  decided  in  the  affirmative. 

And  the  amendment  was  adopted. 

Mr.  Coolley  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  4. 

Amend  section  1,  as  amended,  by  striking  out  the  words  “In  cities  of 
over  70,000  or  more  population.” 

The’  question  being  on  the  adoption  of  the  amendment,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  31;  na}rs,  19. 

And  the  amendment  was  adopted. 

Mr.  Taff  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  5. 

Amend  section  1  by  striking  out  the  words  “a  coroner  and”  in  the  sixth 
line  thereof. 

And  the  amendment  was  lost. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  6. 

Amend  section  1  as  follows:  Insert  after  the  word  “selected”  in  the 
amendment  adopted,  the  following  words:  “In  counties  of  50,000  population 
or  more.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division  of 
the  Convention  was  had,  resulting  as  follows :  Yeas,  21 ;  nays,  17. 

And  the  amendment  was  adopted. 

Mr.  Brenholt  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  7. 

Amend  section  1  by  providing  that  in  counties  over  70,000  a  probate 
clerk  may  be  provided  by  law. 

And  the  amendment  was-  lost. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


617 


The  question  then  being  on  the  adoption  of  section  1,  as  amended,  a 
call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  58;  nays,  4. 
Those  voting  in  the  affirmative  are :  •  Messrs. 


Adams 

Cruden 

Hull 

Mighell 

Six 

Adamkiewicz 

Davis 

Ireland 

Moore 

Smith 

Barr 

Dawes 

Jack 

Nichols 

Sneed 

Brandon 

Dunlap 

Jarman 

Paddock 

Sutherland 

Brenholt 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Parker 

Taff 

Cary,  C:  D. 

Elting 

Johnson,  W.  A. 

Pincus 

Tebbens 

Carlstrom 

Gale 

Latchford 

Pinnell 

Torrance 

Catron 

Ganschow 

Lill 

Quinn 

Traeger 

Chew 

Garrett 

Lindly 

Rinaker 

Trautmann 

Clarke 

Goodyear 

Mack 

Shanahan 

Woodward 

Coolley 

Gray 

McGuire 

Shuey 

Mr.  President 

Corlett 

Hogan 

Meinert 

Yeas — 58 

Those  voting  in  the  negative  are :  Messrs. 

Beckman  Hamill  *  Mills  Wolff  Nays — 4. 

Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  2  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Jarman  offered  the  following  amendment  and 
moved  its  adoption : 


.  ’  Amendment  No.  8. 

Amend  section  2  by  striking  out  the  words  and  figures  “1922,  three  com¬ 
missioners”  and  inserting  the  following:  “Three  commissioners,  one  in 
1923  and  one  commissioner  every  year  thereafter  and  whose  term  of  office 
shall  be  three  years.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  2,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  57;  nays,  5. 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Dawes 

Ireland 

Mighell 

Six 

Adamkiewicz 

Dietz 

Jack 

Mills 

Smith 

Barr 

Dunlap 

Jarman 

Moore 

Sneed 

Brenholt 

Dupuy,  G.  A. 
Elting 

Johnson,  L.  C. 

Nichols 

Sutherland 

Cary,  C.  D. 

Johnson,  W.  A. 

Paddock 

Taff 

Carlstrom 

Gale 

Latchford 

Parker 

Tebbens 

Catron 

Ganschow 

Lill 

Pinnell 

Torrance 

Chew 

Garrett 

Lindly 

Quinn 

Traeger 

Clarke 

Goodyear 

Mack 

Rinaker 

Trautmann 

Corlett 

Gray 

McGuire 

Shanahan 

Woodward 

Cruden 

Hogan 

Meinert 

Shuey 

Mr.  President 

Davis 

Hull 

Yeas — 

Those  voting  in  the  negative  are:  Messrs. 

Beckman  Brandon  Coolley  Hamill  Wolff 

Nays — 5. 

Section  2,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  3  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  60;  nays,  2. 


618 


JOURNAL  OF  THE 


[Apr.  28. 


Those 

voting  in  the  affirmative  are : 

Messrs. 

Adams 

Corlett 

Hogan 

Meinert 

Shuey 

Adamkiewicz 

Cruden 

Hull 

Mighell 

Six 

Barr 

Dawes 

Ireland 

Mills 

Smith 

Beckman 

Dietz 

Jack 

Moore 

Sneed 

Brandon 

Dunlap 

Jarman 

Nichols 

Sutherland 

Brenholt 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Paddock 

Taff 

Cary,  C.  D. 

Elting 

Johnson,  W.  A. 

Parker 

Tebbens 

Carlstrom 

Gale 

Latchford 

Pincus 

Torrance 

Catron 

Ganschow 

Lill 

Pinnell 

Traeger 

Chew 

Garrett 

Lindly 

Quinn 

Trautmann 

Clarke 

Goodyear 

Mack 

Rinaker 

Woodward 

Coolley 

Gray 

McGuire 

Shanahan 

Mr.  President 

3T Gets-  -6 0* 

Those  voting  in  the  negative  are:  Messrs. 

Hamill  Wolff  *  Nays — 2. 

Section  3,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  4  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  9. 

Amend  section  4  by  inserting  in  lieu  thereof  the  following: 

“Section  4.  The  fees  of  township  and  county  officers  shall  be  regulated 
by  general  and  uniform  law;  and  all  fees,  money,  and  interest  thereon  re¬ 
ceived  by  any  county  officer  shall  be  reported  semi-annually  under  oath  and 
then  paid  into  the  county  treasury.” 

And  the  amendment  was  adopted. 


The  question  then  being  on  the  adoption  of  section  4,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  58;  nays,  0. 


Those 

voting  in  the  affirmative  are : 

Messrs. 

Adams 

Corlett 

Hogan 

Mighell 

Smith 

Adamkiewicz 

Cruden 

Hull 

Mills 

Sneed 

Barr 

Dawes 

Jack 

Moore 

Sutherland 

Beckman 

Dunlap 

Jarman 

Paddock 

Taff 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Parker 

Tebbens 

Brenholt 

Elting 

Johnson,  W.  A 

Pincus 

Torrance 

Cary,  C.  D. 

Gale 

Latchford 

Pinnell 

Traeger 

Carlstrom 

Ganschow 

Lill 

Quinn 

Trautmann 

Catron 

Garrett 

Lindly 

Rinaker 

Woodward 

Chew 

Goodyear 

Mack 

Shanahan 

Mr.  President 

Clarke 

Gray 

McGuire 

Shuey 

Yeas — 58. 

Coolley 

Hamill 

Meinert 

Six 

Nays — 0. 

Section  4,  having  received  the  votes  of  a  maojrity  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  5  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  10. 

Amend  section  5  by  adding  after  the  word  “officer”  in  the  second  line  a 
comma  and  the  words  “except  county  commissioners.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  5,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  61:  nays,  2. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


619 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 


Hamill 


voting  in  the  affirmative  are : 

Messrs. 

Cruden 

Gray 

Meinert 

Davis 

Hogan 

Mighell 

Dawes 

Hull 

Mills 

Dietz 

Jack 

Moore 

Dunlap 

J  arman 

Nichols 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Paddock 

Elting 

Johnson,  W.  A. 

Parker 

Fyke 

Latchford 

Pincus 

Gale 

Lill 

Pinnell 

Ganschow 

Lindly 

Quinn 

Garrett 

Mack  * 

Rinaker 

Goodyear 

McGuire 

Shanahan 

voting  in  the 

negative  are :  Messrs. 

Wolfe 


Shuey 

Six 

Smith 

Sneed 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Woodward 

Mr.  President 

Yeas — 61. 


Nays — 2. 


Section  5,  having  received  the  votes  of  a  majority  of  'the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  6  was  taken  up  and  read  at  large. 

Whereupon  My.  Clarke  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  11. 


Amend  section  6  by  inserting  after  the  word  “by”  in  the  first  part  of 
line  3  the  words  and  figures  “Sections  1,  2  and  3  of”  and  after  the  word 
organizatian”  the  word  “officers”  so  that  the  section  will  read: 

Section  6.  The  organization,  officers  and  government  of  counties  as 
required  by  sections  1,  2  and  3  of  this  article  may  be  changed  by  law  uni¬ 
form  as  to  classes  of  counties;  but  any  such  law  shall  become  effective  in  a 

county  only  after  approval  by  a  majority  of  the  voters  therein  voting  on 

the  question.” 


And  the  amendment  was  adopted. 

Phe  question  then  being  on  the  adoption  of  section  6,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  59;  nays,  0. 
Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 


Corlett 

Cruden 

Davis 

Dawes 

Dietz 

Dunlap 

Dupuy,  G.  A. 

Elting 

Gale 

Ganschow 

Garrett 

Goodyear 


Gray 

McGuire 

Hamill 

Meinert 

Hogan 

Mighell 

Hull 

Mills 

Jack 

Moore 

Jarman 

Nichols 

Johnson,  L.  C. 

Paddock 

Johnson,  W.  A. 

Parker 

Latchford 

Pincus 

Lill 

Pinnell 

Lindly 

Quinn 

Mack 

Rinaker 

Answering  present  but  not  voting:  Mr. 

Wolff 


Shanahan 

Shuey 

Six 

Smith 

Sneed 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Yeas — 59. 

Nays — 0. 


Present — 1. 


Section  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  7  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  60;  nays,  0. 


620 


JOURNAL  OF  TRIE  [Apr.  28, 


Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Cruden 

Hogan 

Mighell 

Six 

Adamkiewicz 

Davis 

Hull 

Mills 

Smith 

Barr 

Dawes 

Jack 

Moore 

Sneed 

Beckman 

Dietz 

Jarman 

Nichols 

Sutherland 

Brandon 

Dunlap 

Johnson,  L. 

C.  Paddock 

Taff 

Brenholt 

Dupuy,  G.  A. 

Johnson,  W. 

A.  Parker 

Tebbens 

Cary,  C.  D. 

Elting 

Latchford 

Pincus 

Torrance 

Carlstrom 

Gale 

Lill 

Pinnell 

Traeger 

Catron 

Garrett 

Lindly 

Quinn 

Trautmann 

Chew 

Goodyear 

Mack 

Rinaker 

Woodward 

Clarke 

Gray 

McGuire 

Shanahan 

Mr.  President 

Coolley 

Corlett 

Hamill 

Meinert 

Shuey 

Yeas — 60. 
Nays — 0. 

Answering  present  but  not  voting: 

Wolff 

Mr. 

Present — 1. 

Section  7,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  8  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  59 ;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Corlett 

Hogan 

Mig-hell 

Six 

Adamkiewicz 

Cruden 

Hull 

Mills 

Smith 

Barr 

Dietz 

Jack 

Moore 

Sneed 

Beckman 

Dunlap 

Jarman 

Nichols 

Sutherland 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Paddock 

Taff 

Brenholt 

Elting 

Johnson,  W.  A. 

Parker 

Tebbens 

Cary,  C.  D. 

Gale 

Latchford 

Pincus 

Traeger 

Carlstrom 

Ganschow 

Lill 

Pinnell 

Trautmann 

Catron 

Garrett 

Lindly 

Quinn 

Wolff 

Chew 

Goodyear 

Mack 

Rinaker 

Woodward 

Clarke 

Gray 

McGuire 

Shanahan 

Mr.  President 

Coolley 

Hamill 

Meinert 

Shuey 

Yeas — 1 

Nays — 0. 

Section  8,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Mr.  Brenholt  gave  notice  that  on  the  next  Convention  day  he  would 
move  to  reconsider  the  vote  by  which  section  1,  of  Report  No.  17,  was 
adopted. 

Mr  Gale  gave  notice  that  on  the  next  Convention  day  he  would 
move  to  reconsider  the  vote  by  which  section  4,  of  Report  No.  17,  was 
adopted. 

Mr.  Dunlap  called  up  his  motion  to  reconsider  the  vote  by  which 
section  2,  of  Report  No.  2,  of  the  Committee  on  Phraseology  and  Style 
was  adopted,  and  moved  that  consideration  of  the  motion  to  reconsider 
be  postponed. 

And  the  motion  prevailed. 

Mr.  Sutherland  called  up  his  motion  to  reconsider  the  vote  by 
which  section  11,  of  Report  No.  11,  on  the  subject  of  Revenue,  was 
adopted,  and  moved  that  the  motion  to  reconsider  lie  on  the  table. 

The  question  being  on  the  motion  to  table,  it  was  decided  in  the 
affirmative. 

Section  9  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Corlett  moved  to  amend  section  9  by  striking  out 
the  word  “the”  before  the  word  “county,”  in  line  4,  and  inserting  in  lieu 
thereof  the  word  “each.” 


1922.] 


CONSTITUTIONAL  CONVENTION. 


621 


And  the  motion  prevailed. 

.all  Pi  qUe"flon  ^en  being  on  the  adoption  of  section  9,  as  amended,  a 
C.th0  roll  was  had,  resulting  as  follows :  Yeas,  58 :  navs  0 
those  voting  in  the  affirmative  are:  Messrs. 

i  Cl  «  i  • 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 


Corlett 
Cruden 
Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 
Gale 

Ganschow 
Garrett 
Goodyear 
Gray 
Hamill 


Hogan 
Hull 
Jack 
Jarman 
Johnson,  L.  C. 
Johnson,  W.  A. 
Latchford 
Lill 
Lindly 
Mack 
McGuire 
Meinert 


Mighell 
Mills 
Moore 
Nichols 
Paddock 
Parker 
Pinnell 
Quinn 
Rinaker 
Shanahan 
Shuey 
Six 


Smith 

Sneed 

Sutherland 

Taff 

Tebbens 

Traeger 

Trautmann 

Wolff 

Woodward 

Mr.  President 

Yeas— 58. 


Section  9,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected  was  declared  passed,  and  under  the  rules  was  re-referred  to  the 

1Secti’on0inPhraSt0i0gy  and  Stj'e  f°r  aCti0n  aS  Provided  by  Rule  20. 
oection  10  was  taken  up  and  read  at  large 

moveStsTdoptio^-  M°GUire  ^  the  f°llowing  ame^ment  and 


Amendment  No.  12. 


tion’^n.6 ?iS?nt°in  r°  adding  as  a  separate  sentence  after  the  word  “elec- 

css  t  tzszi  astft 

morrow. 


The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


6  22 


JOURNAL  OF  THE 


[Apr.  29, 


SATURDAY,  APRIL  29,  1922,  9:00  O'CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the.  Rev.  J.  0.  Brown,  of  the  First  Methodist 
Episcopal  Church,  of  Rnshville. 

The  Journal  of  Thursday,  April  27,  having  been  printed  and  placed 
on  the  desks  of  the  delegates,  as  provided  under  the  rules,  was  taken  up, 
and,  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25,  the  Secretary 
called  the  roll  of  the  Convention,  which  resulted  as  follows :  Present  62. 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 


Cruden 

Hamill 

Meinert 

Shuey 

Davis 

Hogan 

Mighell 

Six 

Dawes 

Hull 

Mills 

Smith 

Dietz 

Ireland 

Moore 

Sneed 

Dunlap 

Jack 

Nichols 

Taff 

Dupuy,  G.  A. 

Jarman 

Paddock 

Tebbens 

Elting 

Johnson,  Li.  C. 

Parker 

Torrance 

Pyke 

Johnson,  W.  A. 

Pincus 

Traeger 

Gale 

Latchford 

Pinnell 

Trautmann 

Ganschow 

Lill 

Quinn 

Wall 

Garrett 

Lindly 

Rinaker 

Woodward 

Goodyear 

Gray 

McGuire 

Shanahan 

Mr.  President 
Present — 1 

.Lilt?  JJC-LLU.AJ-1-g  ttu  xivnx  w-i-  ^  ~  —  *  ** ~  - —  j - j 

being  the  consideration  of  Amendment  No.  12,  to  section  10,  of  Report 
No.  17,  the  same  was  again  taken  up. 

And  the  question  being  on  the  adoption  of  Amendment  Ao.  12,  it 

was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  section  10,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  62;  nays,  0. 


Those  voting  in  the  affirmative  are 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 


Cruden 

Davis 

Dawes 

Dietz 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fyke 

Gale 

Ganschow 

Garrett 

Goodyear 

Gray 


Hamill 

Hogan 

Hull 

Ireland 

Jack 

Jarman 

Johnson,  L. 

Johnson,  W. 

Latchford 

Dill 

Lindly 

McGuire 

Meinert 


Messrs. 

Mighell 
Mills 
Moore 
Nichols 
Paddock 
Parker 
Pincus 
Pinnell 
Quinn 
Rinaker 
Shanahan 
Shuey 


C 

A. 


Six 

Smith 

Sneed 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Woodward 
Mr.  President 

Teas — 62. 
Nays — 0. 


Section  10,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 


Section  11  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 


its  adoption: 


1922.] 


CONSTITUTIONAL  CONVENTION. 


623 


Amendment  No.  13. 

Amend  section  11  by  substituting  in  lieu  thereof  the  following: 

Section  11.  Unless  authorized  by  a,  majority  voting  on  the  Question 
no  county  shall  levy  taxes  in  excess  of  three-fourths  of  one  per  cent  of  valua¬ 
tion.  But  in  case  the  county  is  made  the  unit  for  the  levy  and  collection  of 
taxes  for  road  and  bridge  purposes,  an  additional  three-fourths  of  one  per 
cent  of  valuation  for  such  purposes  may  be  so  levied  and  collected,  which 
may  be  increased  when  authorized  by  a  majority  of  the  voters  of  the’ countv 
voting  on  the  question.” 

Mi.  Gale  offered  the  following*  amendment  to  the  amendment,  and 
moved  its  adoption  : 

Amendment  No.  1  to  Amendment  No.  13. 

Amend  Amendment  No.  13  by  striking  out  the  words  “on  the  question” 
and  substituting  in  lieu  thereof  the  words  “at  the  election.” 

And  Amendment  No.  1  to  Amendment  No.  13  was  adopted. 

The  question  then  being  on  the  adoption  of  Amendment  No.  13,  as 
amended,  it  was  decided  in  the  affirmative. 

Mr.  Adams  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  14. 


Amend  section  11  by  striking  out  the  words  “three-fourths”  in  line  4 
and  substituting  therefor  the  words  “nine-tenths.” 

And  the  amendment  was  lost. 

Pending  discussion  Mr.  Jarman  moved  that  further  consideration 
of  section  11  be  postponed. 

And  the  motion  was  lost. 


The  question  then  being  on  the  adoption  of  section  11,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  34 ;  nays,  26. 
Those  voting  in  the  affirmative  are:  Messrs. 

Adams  Davis  Gray 

Cary,  C.  D.  Dawes  Hamill 

Carlstrom  Dietz  Hog'an 

Hull 
Ireland 
Jack 
Jarman 

Those  voting  in  the  negative  are :  Messrs. 

Adamkiewicz  Corlett  Johnson,  L.  C.  Pincus 

Beckman  ffi**”*  gSJ" 

Ganschow  Nichols  Smith 


Chew 
Clarke 
Coolley 
Cruden 


Davis 

Dawes 

Dietz 

Dupuy,  G.  A. 
Elting- 
Fyke 
Goodyear 


Johnson,  W.  A. 

Lindly 

McGuire 

Meinert 

Mighell 

Mills 

Moore 


Rinaker 

Shuey 

Six 

Sneed 

Taff 

Traeger 

Yeas — 34. 


Brandon 


Brandon 

Catron 


Torrance 
Trautmann 
Wall 

-  -  —-cu  Woodward 

Darrett  Paddock  Tebbens  Mr.  President 

ci  .  .  Nays — 26. 

Section  11  having  received  the  votes  of  less  than  a  maiority  of  the 
Delegates  elected,  failed  to  pass. 

Mi.  Nichols  gave  notice  that  on  the  next  Convention  day  he  would 
moveffo  reconsider  the  vote  by  which  section  11  had  failed  to'  pass. 
Section  12  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Dunlap  moved  that  section  12  lie  on  the  table. 

The  motion  prevailed. 

And  section  12  was  ordered  to  lie  on  the  table. 

Section  13  was  taken  up  and  read  at  large. 


624 


JOURNAL  OF  THE 


[Apr.  29, 


Ancl  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Areas,  50;  nays,  9. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brandon 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 


e 

Clarke 
Coolley 
Corlett 
Cruden 
Davis 
Dawes 
Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 


Fyke 
Ganschow 
Garrett 
Gray 
Hamill 
Hogan 
Hull 
Ireland 
Jack 

Johnson,  L.  C. 


Latchford 

Dill 

Lindly 

McGuire 

Meinert 

Paddock 

Pincus 

Quinn 

Shanahan 

Shuey 


Six 

Smith 

Sneed 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Woodward 
Mr.  President 

Yeas — 50. 


Taft 


Those  voting  in  the  negative  are:  Messrs. 

Gate  Jarman  ^Iills  p  maker  Nays— 9. 

Goodyear  Mighell  Nichols  Rmaker  _  „ 

Section  13,  having  received  the  votes  of  less  than  a  majority  ot  t 

Delegates  elected,  failed  to  pass. 

Mr  Gale  gave  notice  that  on  the  next  Convention  da>  lie 

move  to  reconsider  the  vote  by  which  section  13  had  failed  to  pass. 

Mr.  Hamill  also  gave  notice  that  on  the  next  Convention  clay  he 
would  move  to  reconsider  the  vote  by  which  section  13  had  fai _e '  P“ 

The  Convention  proceeding  upon  the  consideration  of  A 

16  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Coo 
County,  section  1  thereof  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  t 

roll  was  had,  resulting  as  follows :  Yeas,  57 ;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 

^  _  liToiuorl 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 


Corlett 
Davis 
Dawes 
Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 
Fyke 
Gale 

Ganschow 
Garrett 


Gray 
Hamill 
Hogan 
Hull 
Ireland 
Jack 
Jarman 
Johnson,  L.  C 


Meinert 
Mills 
Moore 
Nichols 
Paddock 
Pincus 
Pinnell 
Quinn 


Johnson,  W.  A.  Shanahan 


Latchford 

Lill 

McGuire 


Shuey 
Six 


Smith 

Sneed 

TafE 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Woodward 
Mr.  President 

Yeas — 57. 
Nays — 0. 


Present — 3. 


y  Goodyear 

Answering  present  but  not  voting:  Messrs. 

Lind' Section  1,  having  receivedThfYes  of  a  majority  of  the  Delegates 
elected  was  declared  passed,  and,  under  the  rules,  was  re-referred 
the  Committee  on  Phraseology  and  Style  for  action  as  provided  by 

Buie  20.  ,  ,  ,  . 

Spption  2  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  moved  to  amend  section  2  by  striking  out 
the  figures  “1922”  and  inserting  m  lieu  thereof  the  figures  19  . 

The  question '  th ekbeing'on  the  adoption  of  section .  2,  as  amended, 

a  call  of  the  roll  was  had,  resulting  as  follows :  Veas,  60 ,  najs,  . 


1922.] 


CONSTITUTIONAL  CONVENTION. 


625 


Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Hamill 

Meinert 

Six 

Adamkiewicz 

Dawes 

Hogan 

Mighell 

Smith 

Barr 

Dietz 

Hull 

Mills 

Sneed 

Beckman 

Dunlap 

Ireland 

Moore 

Taff 

Brandon 

Dupuy,  G.  A. 

Jack 

Nichols 

Tebbens 

Brenholt 

Elting 

Jarman 

Paddock 

Torrance 

Cary,  C.  D. 

Fyke 

Johnson,  L.  C. 

Pincus 

Traeger 

Carlstrom 

Gale 

Johnson,  W.  A. 

Pinnell 

Trautmann 

Catron 

Ganschow 

Latchford 

Quinn 

Wall 

Chew 

Garrett 

Dill 

Rinaker 

Woodward 

Clarke 

Goodyear 

Lindly 

Shanahan 

Mr.  President 

Coolley 

Corlett 

Gray 

McGuire 

Shuey 

Yeas — 6 
Nays — 1 

Section  2,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  3  was  taken  np  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  60;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Hamill 

Meinert 

Six 

Adamkiewicz 

Dawes 

Hogan 

Mighell 

Smith 

Barr 

Dietz 

Hull 

Mills 

Sneed 

Beckman 

Dunlap 

Ireland 

Moore 

Taff 

Brandon 

Dupuy,  G.  A. 

Jack 

Nichols 

Tebbens 

Brenholt 

Elting 

Jarman 

Paddock 

Torrance 

Cary,  C.  D. 

Fyke 

Johnson,  L.  C. 

Pincus 

Traeger 

Carlstrom 

Gale 

Johnson,  W.  A. 

Pinnell 

Trautmann 

Catron 

Ganschow 

Latchford 

Quinn 

Wall 

Chew 

Garrett 

Lill 

Rinaker 

Woodward 

Clarke 

Goodyear 

Lindly 

Shanahan 

Mr.  President 

Coolley 

Corlett 

Gray 

McGuire 

Shuey 

Yeas — 6 
Nays — 

Section  3,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  4  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  lreas,  61;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cruden 

Hamill 

Meinert 

Six 

Adamkiewicz 

Davis 

Hogan 

Mighell 

Smith 

Barr 

Dawes 

Hull 

Mills 

Sneed 

Beckman 

Dietz 

Ireland 

Moore 

Taff 

Brandon 

Dunlap 

Jack 

Nichols 

Tebbens 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Paddock 

Torrance 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

Pincus 

Traeger 

Carlstrom 

Fyke 

Johnson,  W.  A. 

Pinnell 

Trautmann 

Catron 

Gale 

Latchford 

Quinn 

Wall 

Chew 

Ganschow 

Lill 

Rinaker 

Woodward 

Clarke 

Garrett 

Lindly 

Shanahan 

Mr.  President 

Coolley 

Goodyear 

McGuire 

Shuey 

Yeas — 6 

Corlett 

Gray 

Nays — ' 

Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Section  5  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption : 

Amendment  No.  1. 

Amend  section  5  by  striking  out  the  word  “the”  before  the  word  “county” 
in  line  4,  and  inserting  in  lieu  thereof  the  word  “each.” 

—40  C  J 


626 


JOURNAL  OF  THE 


[Apr.  29 , 


And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  5,  as  amended,  a 
call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  60 ;  nays,  0. 


Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Cruden 

Hamill 

Meinert 

Six 

Adamkiewicz 

Davis 

Hogan 

Mighell 

Smith 

Barr 

Dawes 

Hull 

Mills 

Taff 

Beckman 

Dietz 

Ireland 

Moore 

Tebbens 

Brandon 

Dunlap 

Jack 

Nichols 

Todd 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Paddock 

Torrance 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

Pincus 

Traeger 

Carlstrom 

Fyke 

Johnson,  W.  A. 

Pinnell 

Trautmann 

Catron 

Gale 

Latchford 

Quinn 

Wall 

Chew 

Ganschow 

Lill 

Rinaker 

Woodward 

Clarke 

Goodyear 

Lindly 

Shanahan 

Mr.  President 

Coolley 

Corlett 

Gray 

McGuire 

Shuey 

Yeas — 60. 
Nays — 0. 

Section  5,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
Section  6  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Dupuy  offered  the  following  amendment  and  moved 
its  adoption : 

Amendment  No.  2. 


Amend  section  6  by  striking  out  the  words  “on  the  question”  and  insert¬ 
ing  in  lieu  thereof  the  words  “at  the  election.” 


•  And  the  amendment  was  lost 

The  question  then  being  on  the  adopt 
roll  was  had,  resulting  as  follows:  Yeas, 
Those  voting  in  the  affirmative  are: 


ion  of  section 
59 ;  nays,  1. 
Messrs. 


Adams 

Corlett 

Gray 

McGuire 

Adamkiewicz 

Cruden 

Hamill 

Meinert 

Barr 

Davis 

Hogan 

Mighell 

Beckman 

Dawes 

Hull 

Mills 

Brandon 

Dietz 

Ireland 

Moore 

Brenholt 

Dunlap 

Jack 

Nichols 

Cary,  C.  D. 

Elting 

Jarman 

Paddock 

Carlstrom 

Fyke 

Johnson,  L.  C. 

Pincus 

Catron 

Gale 

Johnson,  W.  A. 

Pinnell 

Chew 

Ganschow 

Latchford 

Quinn 

Clarke 

Garrett 

Lill 

Shanahan 

Coolley 

Goodyear 

Lindly 

Shuey 

6,  a  call  of  the 


Six 

Smith 

Sneed 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Woodward 
Mr.  President 

Yeas — 51). 


Those  voting  in  the  negative  are:  Mr. 

Rinaker 


Nays — 1. 


Section  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 
Section  7  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  60;  nays,  1. 


1922.]  CONSTITUTIONAL  CONVENTION.  627 


Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

Corlett 

Goodyear 

Lindly 

Shuey 

Adamkiewicz 

Cruden 

Gray 

McGuire 

Six 

Barr 

Davis 

Hamill 

Meinert 

Smith 

Beckman 

Dawes 

Hogan 

Mighell 

Sneed 

Brandon 

Dietz 

Hull 

Mills 

Taf£ 

Brenholt 

Dunlap 

Ireland 

Moore 

Tebbens 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jack 

Nichols 

Torrance 

Carlstrorn 

Elting 

Jarman 

Paddock 

Traeger 

Catron 

Fyke 

Johnson,  L.  C. 

Pincus 

Trautmann 

Chew 

Gale 

Johnson,  W.  A. 

Pinnell 

Wall 

Clarke 

Ganschow 

Latchford 

Quinn 

Woodward 

Coolley 

Garrett 

Lill 

Shanahan 

Mr.  President 

Yeas — 60. 

Those  voting  in  the  negative  are:  Mr. 

Rinaker  Nays — 1. 

Section  7,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Eule  20. 

Mr.  Gale,  in  accordance  with  his  notice  of  yesterday,  moved  to  re¬ 
consider  the  vote  by  which  section  4,  of  Eeport  No.  17,  of  the  Committee 
on  Phraseology  and  Style,  was  adopted. 

And  the  motion  prevailed. 

Mr.  Gale  thereupon  moved  that  further  consideration  of  section  4 
be  postponed. 

And  the  motion  prevailed. 

Mr.  Brenholt,  in  accordance  with  his  notice  of  yesterday,  moved  to 
reconsider  the  vote  by  which  section  1,  of  Eeport  No.  17,  of  the  Com¬ 
mittee  on  Phraseology  and  Style,  was  adopted. 

And  the  motion  prevailed. 

Mr.  Brenholt  thereupon  moved  that  further  consideration  of  section 
1  be  postponed. 

And  the  motion  prevailed. 

The  Convention  proceeding  upon  the  consideration  of  Eeport  No. 

12,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Legis¬ 
lative  Department,  section  13  thereof  was  again  taken  up. 

The  pending  question  at  the  time  of  postponement  on  April  25, 
being  the  consideration  of  the  amendment  offered  by  Mr.  Jarman,  the 
same  was,  by  unanimous  consent  withdrawn. 

Whereupon  Mr.  Jarman  offered  the  following  amendment  to  section 

13,  and  moved  its  adoption : 


Amendment  No.  24. 

Amend  section  13  by  striking  out  all  after  the  figure  “13”  and  inserting 
in  lieu  thereof  the  following: 

“Every  bill  shall  be  read  by  title  on  three  different  days  in  each  House, 
but  the  rules  of  either  House  may  provide  for  the  reading  of  bills  at  greater 
length  on  second  or  third  reading.  The  bill  and  all  amendments  thereto 
(except  an  amendment  striking  out  the  emergency  clause)  shall  be  printed 
before  final  passage.  No  bill  shall  be  passed  or  become  a  law  and  no  report 
of  any  conference  committee  on  an  appropriation  bill  shall  be  considered  un¬ 
less  the  bill  or  report  shall  have  been  printed  in  its  final  form  and  placed 
upon  the  desks  of  the  members  at  least  three  legislative  days  prior  to  the 
final  passage  of  the  bill  or  the  consideration  of  the  report.  No  subject  mat¬ 
ters  shall  be  included  in  any  conference  committee  report  (on  bills  making 
appropriations)  except  such  as  directly  relate  to  matters  of  difference  be- 


628 


[Apr.  29, 


JOURNAL  OF  THE 

tween  the  two  Houses  and  such  as  have  been  specifically  referred  to  the  con¬ 
ference  committee.  When  passed  by  both  Houses  a  bill  shall  be  signed  by 
the  presiding  officers  thereof  and  the  facts  of  signing  together  with  the  facts 
of  printing  and  of  presentation  to  the  Governor  and  the  date  of  such  presenta¬ 
tion  shall  be  entered  upon  the  journals.  No  act  hereafter  passed  shall  em¬ 
brace  more  than  one  subject  and  that  shall  be  expressed  in  the  title;  but  any 
act  embracing  a  subject  not  expressed  in  the  title  shall  be  void  only  as  to 
such  subject.  No  act  shall  be  revived  by  reference  to  its  title  only.  An  act 
expressly  amending  an  act  shall  set  forth  at  length  the  section  or  sections  as 
amended. 

“No  appropriation  act  shall  take  effect  until  the  first  day  of  July  succeed¬ 
ing  its  enactment,  and  no  other  act  shall  take  effect  until  sixty  days  after 
the  adjournment  of  the  session  at  which  it  was  enacted;  but  in  case  of 
emergency  (which  shall  be  expressed  in  the  body  of  the  act)  the  General 
Assembly  may  direct  otherwise,  by  a  vote  of  two-thirds  of  its  members  elected 
to  each  House.” 

Mr.  Shanahan  offered  the  following  amendment  to  the  amendment 
and  moved  its  adoption: 

Amendment  No.  1  to  Amendment  No.  24. 


Amend  the  substitute  for  section  13,  in  line  8,  by  inserting  after  the  word 
“no”  the  word  “appropriations.” 

The  question  being  on  the  adoption  of  the  amendment  to  the 
amendment,  a  division  of  the  Convention  was  had,  resulting  as  follows : 
Yeas,  34;  nays,  13. 

And  the  amendment  to  the  amendment  was  adopted. 

The  question  recurring  on  the  adoption  of  Amendment  No.  24,  as 
amended,  it  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  section  13,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  58 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cruden 

Gray 

Meinert 

Smith 

Adamkiewicz 

Davis 

Hamill 

Mighell 

Sneed 

Barr 

Dawes 

Hogan 

Mills 

Taff 

Beckman 

Dietz 

Hull 

Moore 

Tebbens 

Brandon 

Dunlap 

Jack 

Nichols 

Torrance 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Paddock 

Traeger 

Carlstrom 

Elting 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Catron 

Fyke 

Johnson,  W.  A. 

Quinn 

Wall 

Chew 

Gale 

Latchford 

Rinaker 

Woodward 

Clarke 

Ganschow 

Lill 

Shanahan 

Mr.  President 

Coolley 

Garrett 

Ldndly 

Shuey 

Yeas — 58. 

Corlett 

Goodyear 

McGuire 

Six 

Nays — 0. 

Section  13,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

The  Convention  proceeding  upon  the  consideration  of  Report  No. 
19,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of 
Executive  Department,  section  18  thereof  was  again  taken  up. 

The  pending  question  at  the  time  of  postponement  on  April  28, 
being  the  consideration  of  Amendment  No.  12,  as  amended,  the  same  was 
again  taken  up. 

Whereupon  Mr.  Trautmann  offered  the  following  as  a  substitute  for 
section  18,  and  the  pending  amendment,  and  moved  its  adoption: 

“Section  18.  The  officers  of  the  Executive  Department  shall  be  paid 
salaries  and  shall  not  receive  to  their  own  use  other  compensation;  and  all 


1922.] 


CONSTITUTIONAL  CONVENTION. 


629 


fees,  costs,  perquisites  of  office  and  other  compensation  received  by  them 
shall  be  paid  at  once  to  the  State  Treasurer. 

“No  payment  of  fees,  costs  or  charges,  payable  by  law  for  services 
rendered,  by  or  under  any  officer  of  the  Executive  Department  shall  be  held 
to  be  legally  made  until  evidenced  by  the  receipt  of  the  State  Treasurer. 

“The  State  Treasurer  shall  as  part  of  each  semi-annual  report  show  the 
daily  balances  of  State  funds  in  his  custody  and  in  every  bank,  safe  or  other 
place  of  deposit,  or  safe  keeping  where  such  funds  were  during  the  period 
covered  by  such  report  and  accompany  the  same  with  the  sworn  statement  of 
the  executive  officer  of  every  bank,  or  other  place  of  deposit  so  shown,  of 
each  and  every  payment  of  interest  or  other  compensation,  made  or  to  be 
made  by  it  by  reason  of  the  deposit  or  use  of  any  part  ,of  such  funds.”  * 

And  the  substitute  for  section  18  was  adopted. 

The  question  then  being  on  the  adoption  of  section  18,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  56;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Cruden 

Hogan 

Mills 

Smith 

Adamkiewicz 

Davis 

Hull 

Moore 

Sneed 

Barr 

Dawes 

Jack 

Nichols 

Taft 

Beckman 

Dunlap 

Jarman 

Paddock 

Tebbens 

Brandon 

Dupuy,  G.  A. 

Johnson,  W.  A. 

Pincus 

Torrance 

Brenholt 

Elting 

Latchford 

Pinnell 

Traeger 

Carlstrom 

Gale 

Lill 

Quinn 

Trautmann 

Catron 

Ganschow 

Lindly 

Rinaker 

Wall 

Chew 

Garrett 

McGuire 

Shanahan 

Woodward 

Clarke 

Goodyear 

Meinert 

Shuey 

Mr.  President 

Coolley 

Gray 

Mighell 

Six 

Yeas — 5' 

Corlett 

Hamill 

Nays — * 

Section  18,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Section  19  was  again  taken  up. 

Whereupon  Mr.  Gale  offered  the  following  as  a  substitute  for  sec¬ 
tion  19,  and  moved  its  adoption: 

“Section  19.  Every  officer  of  this  State,  or  any  political  subdivision 
thereof,  or  municipal  corporation  therein,  who  receives  public  moneys  of  any 
sort,  fines,  fees,  costs  or  perquisites  of  office,  except  notaries  public  and  con¬ 
stables,  shall  make  a  report  thereof,  at  least  semi-annually,  under  oath,  to 
some  official  designated  by  law.  Every  such  officer  shall  every  month  pay 
over  to  the  proper  official  designated  by  law'  all  moneys  belonging  to  the 
public  and  interest  thereon  received  by  or  for  him.” 


And  the  substitute  for  section  19  was  adopted. 

The  question  then  being  on  the  adoption  of  section  19,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  59;  nays,  0. 


Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Cruden 

Gray 

Meinert 

Six 

Adamkiewicz 

Davis 

Hamill 

Mighell 

Smith 

Barr 

Dawes 

Hogan 

Mills 

Sneed 

Beckman 

Dietz 

Hull 

Moore 

•  Taff 

Brandon 

Dunlap 

Jack 

Nichols 

Tebbens 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Paddock 

Torrance 

Carlstrom 

Elting 

Johnson,  L.  C. 

Pincus 

Traeger 

Catron 

Fyke 

Johnson,  W.  A. 

Pinnell 

Trautmann 

Chew 

Gale 

Latchford 

Quinn 

Wall 

Clarke 

Ganschow 

Lill 

Rinaker 

Woodward 

Coolley 

Garrett 

Lindly 

Shanahan 

Mr.  President 

Corlett 

Goodyear 

McGuire 

Shuey 

Yeas — i 
Nays— 

Section  19,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 


630 


JOURNAL  OF  THE 


[Apr.  29, 


The  Convention  proceeding  upon  the  consideration  of  Report  No. 
12,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Legis¬ 
lative  Departments,  section  18  thereof  was  again  taken  np. 

Vv  hereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 

its  adoption: 

Amendment  No.  25. 

Amend  section  18  by  striking  out  the  third  paragraph  thereof  and  sub¬ 
stituting  in  lieu  of  that  paragraph  the  following: 

“Bills  making  appropriations  of  money  out  of  the  treasury  shall  specify 
the  objects  and  purposes  for  which  the  appropriations  are  made  and  appro¬ 
priate  to  them  respectively  their  several  amounts  in  distinct  items  and  sec¬ 
tions.” 

And  the  amendment  was  adopted. 

Mr.  Dunlap  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  26. 

Amend  section  18  by  adding  thereto  the  following:  “The  appropriation 
for  the  expenses  of  the  office  of  Governor,  Lieutenant  Governor,  Secretary  of 
State,  Attorney  General,  Treasurer,  Auditor  of  Public  Accounts  and  Super¬ 
intendent  of  Public  Instruction  shall  be  by  separate  bills.  ’ 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  18,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  55 ;  nays,  0. 
Those  voting  in  the  affirmative  are:  Messrs. 

Six 
Smith 
Sneed 
Taft 
Tebbens 
Torrance 
Traeger 
Trautmann  . 
Woodward 
Mr.  President 

Yeas — 55. 
Nays — 0. 

Section  18,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Section  29  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Dunlap  offered  the  following  amendment  and  moved 
its  adoption: 

Amendment  No.  27. 


Adams 

Cruden 

Goodyear 

Meinert 

Adamkiewicz 

Davis 

Gray 

Mighell 

Barr 

Dawes 

Hamill 

Mills 

Beckman 

Dietz 

Hogan 

Moore 

Brandon 

Dunlap 

Hull 

Nichols 

Brenholt 

Dupuy,  G.  A. 

Jack 

Paddock 

Carlstrom 

Elting 

Jarman 

Pinhell 

Catron 

Fyke 

Latchford 

Quinn 

Chew 

Gale 

Lill 

Rinaker 

Clarke 

Ganschow 

Lindly 

Shanahan 

Coolley 

Corlett 

Garrett 

McGuire 

Shuey 

Amend  section  29,  in  the  special  report,  by  inserting  next  to  the  last  paia* 
graph,  after  the  words  “eminent  domain”  a  comma  and  the  word  taxation. 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  13;  nays,  27. 

And  the  amendment  was  lost. 

Mr.  Taff  offered  the  following  amendment  and  moved  its  adoption: 


Amendment  No.  28. 

Amend  section  29  in  the  5th  paragraph  thereof,  by  striking  out  the  fol¬ 
lowing  words:  “In  part  at  the  expense  of  drainage  districts  and  in  part  by 
the  State  or  any  political  subdivision  thereof.” 


1922.] 


CONSTITUTIONAL  CONVENTION. 


631 


Pending  consideration,  on  motion  of  Mr.  Dunlap,  further  consider¬ 
ation  of  section  29,  together  with  the  pending  amendment,  was  post¬ 
poned. 

Mr.  Trautmann  called  up  his  motion  of  March  9,  to  reconsider  the 
vote  by  which  section  8,  of  Report  No.  9,  Bill  of  Eights,  was  adopted. 

And  the  question  being  on  the  motion  to  reconsider,  it  was  decided 
in  the  affirmative. 

Whereupon  Mr.  Rinaker  offered  the  following  as  a  substitute  for 
section  8,  and  moved  its  adoption : 

“Section  8.  No  person  shall  be  held  to  answer  .to  a  criminal  offense 
unless  on  indictment  by  a  grand  jury  or  (except  in  capital  cases)  on  informa¬ 
tion  by  the  Attorney  General  or  the  State’s  Attorney  filed  by  leave  of  a  judge 
of  a  court  of  record  having  jurisdiction  of  the  offense,  in  term  time  or  in 
vacation.  If  the  offense  is  or  may  be  punishable  by  imprisonment  in  the 
penitentiary,  leave  to  file  such  information  shall  be  granted  only  after  a 
hearing  showing  probably  cause. 

“This  section  shall  not  apply  to  cases  of  impeachment,  cases  arising  in 
the  army  and  navy  and  in  the  militia  when  in  actual  service  in  time  of  war 
or  public  danger.” 

And  the  substitute  for  section  8  was  adopted. 

The  question  then  being  on  the  adoption  of  section  8,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  55;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cruden 

Gray 

Meinert 

Six 

Adamkiewicz 

Davis 

Hamill 

Mighell 

Smith 

Barr 

Dawes 

Hogan 

Mills 

Sneed 

Beckman 

Dietz 

Hull 

Moore 

Taff 

Brandon 

Dunlap 

Ireland 

Nichols 

Tebbens 

Brenholt 

Dupuy,  G.  A. 

Jack 

Paddock 

Torrance 

Carlstrom 

Elting 

Jarman 

Pinnell 

Traeger 

Catron 

Fyke 

Latchford 

Quinn 

Trautmann 

Chew 

Gale 

Lill 

Rinaker 

Woodward 

Clarke 

Garrett 

Lindly 

Shanahan 

Mr.  President 

Coolley 

Goodyear 

McGuire 

Shuey 

Teas — 55. 

Corlett  Nays — 0. 

Section  8,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  wTas  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

At  the  hour  of  2  :00  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn  until  Monday,  May  1,  1922,  at  10  :00  o’clock  a.  m. 
The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


* 


632 


JOURNAL  OF  THE 


[May  1, 


MONDAY,  MAY  1,  1922,  10:00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding1. 

Prayer  was  offered  by  the  Rev.  Lewis  B.  Landreth,  of  the  Immacu¬ 
late  Conception  Church,  of  Carthage. 

The  Journal  of  Friday,  April  28th,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25th,  the  Secre¬ 
tary  called  the  roll  of  the  Convention,  which  resulted  as  follows :  Pres- 


eni,  utt. 

Those 

voting  present 

are :  Messrs. 

•  -> 

Adams 

Cutting 

Gilbert 

Lindly 

Shanahan 

Adamkiewicz 

Davis 

Goodyear 

Mayer 

Smith 

Barr 

Dawes 

Green 

McEwen 

Sneed 

Beckman 

De  Young 

Hamill 

Meinert 

Stahl 

Brandon 

Dietz 

Hogan 

Miller 

Taff 

Brenholt 

Dryer 

Hull 

Mills 

Tebbens 

Brewster 

Dunlap 

larussi 

Moore 

Torrance 

Carlstrom 

Dupee,  E.  H. 

Ireland 

Nichols 

Trautmann 

Catron 

Elting 

Jack 

Paddock 

Warren 

Clarke 

Fyke 

Jarman 

Parker 

Wilson 

Coolley 

Gale 

Johnson,  W.  A. 

Pinnell 

Wolff 

Corl'ett 

Garrett 

Latchford 

Quinn 

Mr.  President 

Cruden 

Gee 

Lill 

Rinaker 

Present — 

Mr.  Gilbert  presented  a  petition  from  citizens  of  Jefferson  County, 
relative  to  the  reading  of  the  Bible  in  the  public  schools,  which  was 
received  and  placed  on  file. 

The  President,  as  chairman,  laid  before  the  Convention  the  follow¬ 
ing  report  from  the  Committee  on  Rules  and  Procedure,  to-wit: 


Committee  Repoet. 

Your  Committee  on  Rules  and  Procedure  report  the  following  resolution 
and  recommends  its  adoption: 

Resolved,  That  the  following  rule  limiting  debate  be  adopted,  to  be 
known  as  Rule  No.  29%,  and  to  be  in  force  for  the  remainder  of  the  pro¬ 
ceedings  of  the  Convention  in  disposing  of  matters  on  second  reading. 

Rule  No.  29%.  Upon  the  consideration  of  matters  upon  second  reading 
the  debate  shall  be  limited  to  ten  minutes  for  each  delegate  taking  part  in 
the  debate,  except  that  the  mover  of  the  matter  pending  or  the  chairman  of 
the  committee  which  reported  the  same  shall  have  five  minutes  in  addition 
in  which  to  close  the  debate. 

The  question  being  on  the  adoption  of  the  report  of  the  committee. 
Mr.  Hull  offered  the  following  amendment  to  section  29*4  and 
moved  its  adoption : 

Amend  section  29%,  as  proposed,  by  striking  out  in  line  3  the  word 
“ten”  and  inserting  in  lieu  thereof  the  word  “twenty,”  and  by  striking  out  in 
line  6  the  word  “five”  and  inserting  in  lieu  thereof  the  word  “ten.” 


1922.] 


CONSTITUTIONAL  CONVENTION. 


633 


The  question  being  on  the  adoption  of  the  amendment  to  section 
29%,  a  division  of  the  Convention  was  had,  resulting  as  follows :  Yeas, 
24;  nays,  29. 

And  the  amendment  was  lost. 


The  question  recurring  on  the  adoption  of  section  29%,  as  reported 
by  the  Committee  on  Eules  and  Procedure,  a  call  of  the  roll  was  had, 
resulting  as  follows :  Yeas,  41 ;  nays,  17. 


Those  voting  in  the  affirmative  are : 

Messrs. 

Baldwin 

Davis 

Hogan 

Meinert 

Stahl 

Barr 

Dawes 

Iarussi 

Nichols 

Taff 

Beckman 

Dupee,  E.  H. 

Ireland 

Paddock 

Tebbens 

Brandon 

Gale 

Jack 

Parker 

Torrance 

Brewster 

Garrett 

Jarman 

Pinnell 

Trautmann 

Carlstrom 

Gee 

Johnson,  W. 

A.  Quinn 

Warren 

Catron 

Green 

Latchford 

Shanahan 

Wilson 

Clarke 

Hamill 

Lill 

Smith 

Mr.  President 

Cutting 

Yeas — - 

Those 

voting  in  the  negative  are: 

Messrs. 

Adams 

Dunlap 

Hull 

Miller 

Rinaker 

Brenholt 

Elting 

Mayer 

Mills 

Sneed 

Corlett 

Gilbert 

McEwen 

Moore 

Wolff 

De  Young 

Goodyear 

Nays — 

The  report  from  the  Committee  on  Rules  and  Procedure,  having 
received  the  votes  of  less  than  a  majority  of  the  Delegates  elected,  failed 
to  pass. 


The  Convention  proceeding  upon  the  consideration  of  Report  Yo. 
6  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Corpora¬ 
tions,  section  4  thereof  was  again  taken  up. 

Whereupon  Mr.  Parker  olfered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  9. 

Amend  section  4,  after  the  word  “stock”  in  line  7  by  inserting  the  fol¬ 
lowing: 

“And  in  every  election  for  directors  of  a  bank  each  stockholder  may  cast 
in  person  or  by  proxy,  as  many  votes  as  shall  equal  the  number  of  directors 
to  be  elected  multiplied  by  the  number  of  shares  owned  by  him  and  may 
cumulate  his  votes  for  one  candidate  or  distribute  them  among  several.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  4,  as  amended,  a 
call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  60;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Hamill 

Meinert 

Smith 

Adamkiewicz 

Dawes 

Hogan 

Miller 

Sneed 

Barr 

De  Young 

Hull 

Mills 

Stahl 

Beckman 

Dietz 

Iarussi 

Moore 

Taff 

Brenholt 

Dunlap 

Ireland 

Nichols 

Tebbens 

Brandon 

Elting 

Jack 

Paddock 

Torrance 

Brewster 

Fyke 

Jarman 

Parker 

Trautmann 

Carlstrom 

Gale 

Johnson,  W.  A. 

Pinnell 

Warren 

Catron 

Garrett 

Datchford 

Quinn 

Wilson 

Clarke 

Gee 

Lill 

Rinaker 

Wolff 

Corlett 

Gilbert 

Mayer 

Shanahan 

Mr.  President 

Cruden 

Goodyear 

McEwen 

Yeas — 60. 

Cutting 

Green 

Nays — 0. 

Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  2  was  again  taken  up. 


634: 


JOURNAL  OF  THE 


[May  1, 


The  pending  question  at  the  time  of  postponement  on  April  26  being 
the  consideration  of  the  amendment  offered  by  Mr  Cutting  to  substitute 
section  2,  of  the  report  of  the  Committee  of  the  Whole,  for  section  2,  o 
the  report  of  the  Committee  on  Phraseology  and  Style,  the  same  was 

'  '  Whereupon  Mr.  Gilbert  offered  the  following  amendment  to  the 

substitute  and  moved  its  adoption: 

Amend  the  substitute  for  section  2  by  striking  out  a after  the  word 
and  figure  “Section  2”  and  inserting  in  lieu  thereof  the  following. 

“Capital  stork  may  be  divided  into  classes  and  m  every  election  for 
directors  or  managers  each  stockholder  may  cast,  in  person  or  by  proxy ,  as 
manj  votes  as  shall  equal  the  number  of  directors  to  be  elected  multiplied 
bf  the  number  of  shares  owned  by  him  (excluding  shares,  preferred  as  to 
assets  and0 earnings,  of  restricted  or  no  voting  power,  the  certificates  for 
which'  show  them  not  entitled  then  to  be  voted)  and  may  cumulate  hts  votes 
for  one  or  distribute  them  among  several.” 

And  the  amendment  to  the  substitute  was  lost. 

The  question  recurring  on  the  adoption  of  the  substitute  for  section 

2,  it  was  decided  in  the  negative.  • 

The  question  then  being  on  the  adoption  of  section  2,  a  call  o±  the 

roll  was  had,  resulting  as  follows:  Yeas,  9;  nays,  50. 

Those  voting  in  the  affirmative  are:  Messrs. 


Elting 
Hull 


Jack 
Jarman 


Brewster 
CarXstrom 

Those  voting  in  the  negative  are: 


Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Catron 
Clarke 
Corlett 
Cutting 
Davis 
Dawes 


De  Young 

Dietz 

Dryer 

Dunlap 

Dupee,  E. 

Fyke 

Gale 

Garrett 

Gee 

Gilbert 


Goodyear 
Green 
Hamill 
Hogan 
H.  Iarussi 
Ireland 

Johnson,  W.  A. 

Latchford 

Lill 

Lindly 


Moore 
Torrance 

Messrs. 

Mayer 
McEwen 
Meinert 
Miller 
Paddock 
Parker 
Pinnell 
Quinn 
Rinaker 


Wolff 


Yeas — 9. 


Shanahan 
Smith 
Sneed 
Stahl 
Taff  • 

Tebbens 

Trautmann 

Warren 

Wilson 

Mr.  President 

Nays — 50. 


Section  2,  having  received  the  votes  of  less  than  a  majority  of  the 

Delegates  elected,  failed  to  pass.  , 

By  unanimous  consent  Mr.  Whitman  was  excused  from  attendance 

at  the  sessions  of  the  Convention  this  week,  on  account  of  illness. 

The  Convention  proceeding  upon  the  consideration  o±  Deport  JNo. 
12,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Legib- 
lative  Department,  section  17  thereof  was  again  taken  up. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  ol  the 

roll  was  had,  resulting  as  follows:  Yeas,  63 ;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Carey,  A.  J. 

Carlstrom 

Catron 

Clarke 

Coolley 

Corlett 


Cruden 
Cutting 
Davis 
Dawes 
De  Young 
Dietz 
Dryer 
Dunlap 
Dupee,  E.  H. 
Elting 
Fyke 
Gale 
Garrett 


Gee 
Gilbert 
Goodyear 
Green 
Hamill 
Hogan 
Hull 
Iarussi 
Ireland 
Jack 

Johnson,  W.  A. 

Latchford 

Lill 


Mayer 

McEwen 

Meinert 

Miller 

Mills 

Moore 

Nichols 

Paddock 

Parker 

Pinnell 

Quinn 

Rinaker 

Shanahan 


Smith 

Sneed 

Stahl 

Taff 

Tebbens 

Torrance 

Trautmann 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 63. 
Nays — 0. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


635 


Section  17  having  received  the  votes  of  a  majority  of  the  Delegates 
elected  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  bv  Rule  20. 
Section  18^/2  was  again  taken  np. 

Whereupon  Mr.  Davis  offered  the  following  amendment  and  moved 
its  adoption: 


Amendment  No.  29. 


Amend  section  18%  by  striking  out  the  words  “contract  debts,”  in  lines 
1  and  2,  and  inserting  in  lieu  thereof  the  words  “borrow  money.” 

.  And  the  amendment  was  adopted. 

.  -Peuding  roll  call,  Mr.  Cutting  moved  that  further  consideration  of 

section  1 S1/?  be  postponed. 

And  the  motion  prevailed. 

Section  19  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  64;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs/ 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Carlstrom 

Catron 

Clarke 

Coolley 

Corlett 

Cruden 


Cutting 

Davis 

Dawes 

De  Young 

Dietz 

Dryer 

Dunlap 

Elting 

Fyke 

Gale 

Garrett 

Gee 

Gilbert 


Goodyear 

Green 

Hamill 

Hogan 

Hull 

Iarussi 

Ireland 

Jack 

J  arman 

Johnson,  W.  A. 

Latchford 

Lill 

Lindly 


Mayer 

McEwen 

Meinert 

Miller 

Mills 

Moore 

Nichols 

Paddock 

Parker 

Pearce 

Pinnell 

Quinn 

Rinaker 


Shanahan 

Smith 

Sneed 

Stahl 

Taff 

Tebbens 

Torrance 

Trautmann 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 64. 


Section  19,  having  received  the  votes  of  a  maojrity  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  bv  Rule  20. 

At  the  hour  of  12:35  o’clock  p.  m.,  Mr.  Harnill  moved  that  the 
Convention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 


2:00  o'Clock  P.  M. 

The  hour  of  2 :00  o’clock  p.  m.,  having  arrived,  the  Convention 
resumed  its  session. 

The  President  presiding. 

Section  29,  of  the  special  report  of  the  Committee  on  Phraseology 
and  Style,  on  April  27th,  was  again  taken  up. 

The  pending  question  at  the  time  of  postponement  on  April  29th 
being  the  consideration  of  Amendment  No.  28,  the  same  was,  by  unani¬ 
mous  consent,  withdrawn. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  58;  nays,  0. 


636 


JOURNAL  OF  THE 


[May  1, 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster  ' 
Carlstrom 
Catron 
Clarke 
Coolley 
Corlett 


Cruden 
Cutting 
Davis 
Dawes 
De  Young 
Dietz 
Dryer 
Dunlap 
Dupee,  E.  H. 
Elting 
Fyke 
Gale 


native  are: 

Messrs. 

Garrett 

Lill 

Shanahan 

Gee 

Lindly 

Smith 

Gilbert 

Mayer 

Sneed 

Goodyear 

McEwen 

Stahl 

Green 

Miller 

Taff 

Hamill 

Mills 

Tebbens 

Hogan 

Moore 

Warren 

Hull 

Nichols 

Wilson 

Iarussi 

Paddock 

Wolff 

Jack 

Parker 

Mr.  President 

Jarman 

Pinnell 

Yeas — 5 

Latchford 

Rinaker 

Nays — 1 

Section  29,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to.  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 


Section  18%  was  again  taken  up. 

Mr.  Davis  moved  to  reconsider  the  vote  by  which  Amendment  Ao. 

29  was  adopted. 

And  the  motion  prevailed. 

Mr.  Davis  thereupon,  by  unanimous  consent,  withdrew  the  amend¬ 


ment. 

The  question  then  being  on  the  adoption  of  section  18%,  as 
amended,  a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  57; 

nays,  0. 

Those  voting  in  the  affirmative  are 


Messrs. 


Cutting  Goodyear  pill 

Davis  Gray  Lmdly 

Dawes  Green  Mayer 

De  Young  Hamill  McEwen 

Dietz  Hogan  Miller 

Dryer  Hull  Hills 

Dunlap  Iarussi  Moore 

Fykg  Ireland  Nichols 

Gale  Jack  Paddock 

Garrett  Jarman  Parker 

Gee  Johnson,  W.  A.  Pinnell 

Gilbert  Latchford 

Section  18%,  having  received  the  votes  of  a  majority  of  the  Dele¬ 
gates  elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred 
to  the  Committee  an  Phraseology  and  Style,  for  action  as  pro\  ided  bt 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Carlstrom 
Catron 
Clarke 
Coolley 
Corlett 
Cruden 


Punaker 

Shanahan 

Smith 

Sneed 

Stahl 

Taff 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 57. 
Nays — 0. 


Rule  20.  * 

Mr.  Dunlap,  in  accordance  with  his  notice,  moved  to  reconsider  the 

vote  by  which  sections  6  and  7,  combined,  of  Report  Yo.  2,  of  the  Com¬ 
mittee  on  Phraseology  and  Style,  were  adopted. 

The  question  being  on  the  motion  to  reconsider,  a  division  of  the 
Convention  was  had,  resulting  as  follows:  Yeas,  36;  nays,  19. 

And  the  motion  prevailed. 

Mr.  Dunlap  moved  that  sections  6  and  7,  of  the  Constitution  o± 
1870,  be  substituted  for  sections  6  and  7,  combined,  as  reported  by  the 
Committee  on  Phraseolog}T  and  Style. 

And  the  motion  prevailed. 

Section  6,  of  the  Constitution  of  1870,  was  taken  up  and  read  at 
lar^e. 

°  And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Teas,  51;  nays,  5. 


1922.]  CONSTITUTIONAL  CONVENTION.  637 


Those 

voting  in 

the  affirmative  are 

:  Messrs. 

Adams 

Cutting 

Gilbert 

Lindly 

Pinnell 

Barr 

Davis 

Goodyear 

McEwen 

Rinaker 

Beckman 

Dawes 

Green 

McGuire 

Shanahan 

Brandon 

Dietz 

Hogan 

Meinert 

Shaw 

Brenholt 

Dryer 

Hull 

Michal 

Smith 

Brewster 

Dunlap 

Ireland 

Miller 

Stahl 

Carlstrom 

Dupuy, 

G.  A.  Jack 

Mills 

Taff 

Catron 

Fyke 

Jarman 

Moore 

Tebbens 

Clarke 

Gale 

Johnson,  W. 

A.  Nichols 

W  arren 

Coolley 

Garrett 

Latchford 

Paddock 

Wolff 

Corlett 

Gee 

Dill 

Parker 

Mr.  President 

Yeas — 54. 

Those 

voting  in 

the  negative  are : 

Messrs. 

Adamkiewicz 

Hamill 

Iarussi 

Mayer 

Wilson 

Nays — 5. 

Section  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Pule  20. 

Section  7,  of  the  Constitution  of  1870,  was  taken  up  and  read  at 
large. 

Whereupon  Mr.  Green  offered  the  following  amendment  and  moved 
its  adoption: 


Amendment  No.  5. 

Amend  section  7,  by  inserting  the  word  “consumers”  after  the  word 
“shippers”  in  line  3. 

The  question  being  on  the  adoption  of  the  amendment,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  27;  nays,  33. 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had. 

resulting  as 

follows:  Yeas 

,  56 ;  nays,  10. 

Those  voting  in  the 

affirmative  are 

:  Messrs. 

Adams 

Cutting 

Gee 

Lill 

Parker 

Barr  • 

Davis 

Gilbert 

Lindly 

Pinnell 

Beckman 

Dawes 

Goodyear 

McEwen 

Rinaker 

Brandon 

De  Young 

Green 

McGuire 

Shanahan 

Brenholt 

Dietz 

Hogan 

Meinert 

Smith 

Brewster 

Dunlap 

Hull 

Mighell 

Stahl 

Carlstrom 

Dupuy,  G.  A. 

Ireland 

Mills 

Tebbens 

Catron 

Elting 

Jack 

Moore 

Torrance 

Clarke 

Fifer 

Jarman 

Morris 

Warren 

Coolley 

Gale 

Johnson,  W. 

A.  Nichols 

Wilson 

Corlett 

Garrett 

Kerrick 

Paddock 

Mr.  President 

Cruden 

Yeas — 

Those  voting  in  the 

negative  are : 

Messrs. 

Adamkiewicz 

Hamill 

Kunde 

Mayer 

Traeger 

Fyke 

Iarussi 

Latchford 

Taff 

Wolff 

Nays — : 

Section  7,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Pule  20. 

Mr.  Pinaker  moved  to  reconsider  the  vote  by  which  section  8,  of 
Peport  Yo.  9,  of  the  Committee  on  Phraseology  and  Style,  was  adopted 
on  April  29th. 

The  motion  prevailed. 

And  section  8  was  again  taken  up. 

Whereupon  Mr.  Pinaker  offered  the  following  as  a  substitute  for 
section  8,  and  moved  its  adoption : 


638 


JOURNAL  OR  THE 


[May  1, 


“Section  8.  No  person  shall  be  held  to  answer  to  a  criminal  offense, 
unless  on  indictment  by  a  grand  jury,  or  (except  in  capital  cases),  on  in¬ 
formation  filed  by  the  Attorney  General,  or  by  a  State’s  Attorney  by  leave  of 
a  judge  of  a  court  of  record,  having  jurisdiction  of  the  offense,  either  in 
term  time  or  in  vacation,  such  leave  to  he  granted  only  after  a  showing  of 
probable  cause. 

This  section  shall  not  apply  to  cases  of  impeachment,  cases  arising  in 
the  army  and  navy  and  in  the  militia  when  in  actual  service  in  time  of  war 
or  public  danger  or  cases  in  which  the  punishment  is  by  fine  or  by  imprison¬ 
ment  otherwise  than  in  the  penitentiary.” 

Mr.  Hamill  offered  the  following  amendment  to  the  substitute  and 
moved  its  adoption: 

Amend  the  substitute  for  section  8  by  striking  out  the  following  words: 
“cases  of  impeachment.” 

And  the  amendment  to  the  substitute  was  lost. 

And  the  question  being  on  the  adoption  of  the  substitute  it  was 
decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  section  8,  as  amended. 


a  cal]  of  the  roll  was  had,  resulting  as  follows:  Yeas,  68;  nays,  1. 


Those 

voting  in  the  affirmative  are : 

Messrs. 

Adams 

Dawes 

Green 

Mayer 

Rinaker 

Adamkiewicz 

De  Young 

Hamill 

McEwen 

Shanahan 

Barr 

Dietz 

Hogan 

McGuire 

Smith 

Beckman 

Dryer 

Hull 

Meinert 

Sneed 

Brandon 

Dunlap 

Iarussi 

Mighell 

Stahl 

Brenholt 

Dupee,  E.  H. 

Ireland 

Miller 

Taft 

Brewster 

Dupuy,  G.  A. 

Jack 

Mills 

Tebbens 

Carlstrom 

Frole 

Jarman 

Moore 

Traeger 

Catron 

Fyke 

Johnson,  W.  A. 

Morris 

Trautmann 

Clarke 

Gale 

Kerrick 

Nichols 

Warren 

Coolley 

Garrett 

Kunde 

Paddock 

Wilson 

Corlett 

Gee 

Latchford 

Parker 

Wolff 

Cutting 

Gilbert  . 

Lill 

Pinnell 

Mr.  President 

Davis 

Goodyear 

Lindly 

Yeas — 

Those  voting  in  the  negative  are :  Messrs. 

Torrance  Nays — 1. 

Section  8,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Rule  20. 

Mr.  Nichols,  in  accordance  with  his  notice  of  April  29th,  moved  to 
reconsider  the  vote  by  which  section  11,  of  Report  No.  17,  of  the  Com¬ 
mittee  on  Phraseology  and  Style,  had  failed  to  pass. 

The  question  being  on  the  motion  to  reconsider,  a  division  of  the 
Convention  was  had,  resulting  as  follows :  Yeas,  43 ;  nays,  13. 

The  motion  prevailed. 

And  section  11  was  again  taken  up. 

The  question  then  being  on  the  adoption  of  section  11,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  52;  nays,  13. 


Those 

voting  in  the 

affirmative  are: 

Messrs. 

Adams 

Dietz 

Hamill 

Meinert 

Shanahan 

Adamkiewicz 

Dryer 

Hogan 

Mighell 

Sneed 

Brandon 

Dupuy,  G.  A. 

Ireland 

Miller 

Taff 

Brewster 

Elting 

Jack 

Mills 

Tebbens 

Carlstrom 

Fifer 

Jarman 

Moore 

Torrance 

Clarke 

Fyke 

Johnson,  W.  A. 

Nichols 

Trautmann 

Coolley 

Gale 

Kerrick 

Paddock 

Warren 

Cruden 

Gee 

Lindly 

Parker 

Wilson 

Cutting 

Gilbert 

Mayer 

Pinnell 

Wolff 

Dawes 

De  Young 

Goodyear 

Green 

McGuire 

Rinaker 

Mr.  Preside: 
Yeas- 

1922.] 


CONSTITUTIONAL  CONVENTION. 


639 


Those  voting  in  the  negative  are :  Messrs. 

Barr  Corlett  Garrett  Bill  Smith 

Beckman  .  Dunlap  Iarussi  McEwen  Stahl 

Brenholt  Dupee,  E.  H.  Kunde  Nays — 13. 

Section  11,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Rule  20. 

Mr.  Gale,  in  accordance  with  his  notice  of  April  29,  moved  to  recon¬ 
sider  the  vote  by  which  section  13,  of  Report  No.  17,  of  the  Committee 
on  Phraseology  and  Style,  had  failed  to  pass. 

The  motion  prevailed. 

And  section  13  was  again  taken  up. 

The  question  being  on  the  adoption  of  the  section,  a  call  of  the  roll 


was  had,  resulting  as  follows :  Yeas,  69 ;  nays,  0. 


Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

Dawes 

Green 

Mayer 

Shanahan 

Adamkiewicz 

De  Young 

Hamill 

McEwen 

Smith 

Barr 

Dietz 

Hogan 

McGuire 

Sneed 

Beckman 

Dryer 

Hull 

Meinert 

Stahl 

Brandon 

Dunlap 

Iarussi 

Mighell 

Taff 

Brenholt 

Dupee,  E.  H. 

Ireland 

Miller 

Tebbens 

Brewster 

Dupuy,  G.  A. 

Jack 

Mills 

Torrance 

Carlstrom 

Elting 

Jarman 

Moore 

Traeger 

Catron 

Fyke 

Johnson,  W.  A. 

Morris 

-  Trautmann 

Clarke 

Gale 

Kerrick 

Nichols 

Warren 

Corlett 

•  Garrett 

Kunde 

Paddock 

Wilson 

Cruden 

Gee 

Latchford 

Parker 

Wolff 

Cutting 

Gilbert 

Lill 

Pinnell 

Mr.  President 

Davis 

Goodyear 

Lindly 

Rinaker 

Yeas — 69 

Nays — 0. 

Section  13,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

The  Convention  proceeding  upon  the  consideration  of  Report  No. 
12,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Legis¬ 
lative  Department,  section  23  thereof,  having  been  postponed  on  April 
26,  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Hamill  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  30. 

• 

Amend  section  23  by  inserting  after  the  word  “State”  in  the  last  line 
thereof  the  following:  “or  to  any  political  division  thereof.” 

And  the  amendment  was  adopted. 

Pending  roll  call,  on  motion  of  Mr.  Gale,  further  consideration  of 
section  23  was  postponed. 

Mr.  Hamill  gave  notice  that  on  the  next  Convention  day  he  would 
move  to  reconsider  the  vote  by  which  section  11,  of  Report  No.  17,  of 
the  Committee  on  Phraseology  and  Style,  was  adopted. 

Mr.  Ilamill,  in  accordance  with  his  motion  of  March  9,  moved  to 
reconsider  the  vote  by  which  section  19,  of  Report  No.  9,  of  the  Com¬ 
mittee  on  Phraseology  and  Style,  had  failed  to  pass. 

The  motion  prevailed. 

And  section  19  was  again  taken  up. 


64 0 


JOURNAL  OF  THE 


[May  1, 


The  question  then  being  on  the  adoption  of  section  19,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  58;  nays,  6. 


Those  voting  in  the  affirmative  are 

:  Messrs. 

Adams 

Cutting 

Green 

Lindly 

Parker 

Adamkiewicz 

Davis 

Hamill 

Mayer 

Pinnell 

Barr 

Dawes 

Hogan 

McEwen 

Shanahan 

Beckman 

De  Young 

Hull 

McGuire 

.  Smith 

Brandon 

Dunlap 

Iarussi 

Meinert 

Sneed 

Brenholt 

Dupee,  E.  H. 

Ireland 

Mighell 

Taff 

Carlstrom 

Dupuy,  G.  A. 

Jack 

Miller 

Torrance 

Catron 

Elting 

Jarman 

Moore 

Trautmann 

Clarke 

Flfer 

Johnson,  W.  A.  Morris 

Wilson 

Coolley 

Gale 

Kerrick 

Nichols 

Wolff 

Corlett 

Garrett 

Kunde 

Paddock 

Mr.  President 

Cruden 

Gilbert 

Lill 

Yeas — 58. 

Those 

voting  in  the  negative  are : 

Messrs. 

Brewster 

Dietz 

Dryer 

Gee 

Goodyear 

Stahl 

Nays — 6. 

Section  19,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

The  Convention  proceeding  upon  the  consideration  of  Report  No. 
15,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Home 
Rule  and  Zoning,  section  8,  together  with  pending  Amendment  No.  4, 
was  again  taken  up. 

The  question  being  on  the  adoption  of  Amendment  No.  4. 

Mr.  Garrett  offered  the  following  as  a  substitute  for  section  8,  and 
all  pending  amendments,  and  moved  its  adoption: 

“Section  8.  The  General  Assembly,  in  order  to  promote  the  general  wel 
fare,  may  authorize  cities,  villages,  and  incorporated  towns  to  adopt  reason¬ 
able  regulations  governing  the  use  and  appearance  of  land  and  the  location, 
appearance,  size,  and  use  of  structures,  and  to  divide  their  territory  into 
zones  to  each  of  which  special  regulations  may  be  applied.  Distinction  may 
be  made  between  conditions  existing  at  the  time  of  the  adoption  of  any  such 
regulations  and  future  conditions.  Any  statute  in  force  at  the  time  of  the 
adoption  of  this  Constitution  (or  any  ordinance  passed  in  conformity  with 
such  statute)  which  comes  within  the  provisions  of  this  section  shall  be 
valid.”  ,4 

And  the  substitute  was  adopted. 

Mr.  Mayer  offered  the  following  as  a  substitute  for  section  8,  as 
amended,  and  moved  its  adoption :  •  ~ 

“Section  8.  The  General  Assembly  may,  for  zoning  purposes,  authorize 
cities,  villages  or  incorporated  towns  to  adopt  regulations  to  classify,  regu¬ 
late,  restrict  and  limit  the  height,  area,  bulk,  and  use  of  buildings  or 
structures  of  any  kind  in  any  specified  zone  or  zones.  But  this  power  shall 
not  apply  nor  be  exercised  with  reference  to  any  building,  structure  or  use 
thereof  existing  at  the  time  of  the  adoption  of  such  regulation. 

“Nothing  herein  contained  shall  be  held  to  restrict  or  limit  any  of  the 
police  powers  of  the  State  nor  any  of  its  powers  of  eminent  domain.” 

Pending  discussion,  Mr.  Wilson  moved  that  further  consideration  of 
section  8,  together  with  the  pending  substitute  therefor,  be  postponed. 

And  the  motion  was  lost. 

The  question  recurring  on  the  adoption  of  the  substitute  for  section 
8,  it  was  decided  in  the  negative. 

Mr.  Dupuy  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


641 


Amendment  No.  5. 

Amend  section  8,  as  amended,  by  inserting  in  line  6,  after  the  word 
“regulations”  the  words,  “uniform  within  the  zone.” 

And  the  amendment  was  lost. 

Mr.  Davis  offered  the  following  amendment  and  moved  its  adoption : 


Amendment  No.  6. 

Amend  section  8,  as  amended,  by  inserting  after  the  word  “conditions” 
the  following: 

“No  owner  of  any  land  or  structure  shall  be  prevented  by  any  regulation 
adopted  under  any  statute  hereby  authorized,  from  using  such  land  or 
structure  for  any  purpose  to  which  it  is  lawfully  devoted  at  the  time  of  the 
adoption  of  any  such  regulation,  unless  the  continuance  of  such  one  might 
be  lawfully  prohibited,  irrespective  of  this  section.” 

And  the  amendment  was  lost. 

Mr.  Dietz  offered  the  following  amendment  and  moved  its  adoption : 


Amendment  No.  7. 

Amend  section  8,  as  amended,  by  inserting  after  the  word  “conditions” 

the  following: 

“and  such  regulations  shall  not  be  enforced  as  to  conditions  existing  at 
the  time  of  their  adoption  without  payment  of  just  compensation.” 

And  the  amendment  was  adopted. 

Mr.  Davis  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  8. 

Amend  section  8,  as  amended,  by  inserting  after  the  word  “compensa¬ 
tion”  the  following: 

“unless  such  regulations  might  lawfully  be  so  enforced,  irrespective  of 
the  provisions  of  this  section.” 

And  the  amendment  was  adopted. 

Mr.  Adams  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  9. 

Amend  section  8,  as  amended,  by  striking  out  the  word  “appearance” 
wherever  it  appears  in  the  section. 

And  the  amendment  was  lost. 


The  question  then  being  on  the  adoption  of  section  8,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  57;  nays,  5. 
Those  voting  in  the  affirmative  are:  Messrs. 


Barr 

Dawes 

Green 

Mayer 

Smith 

Beckman 

Dietz 

Hamill 

McEwen 

Sneed 

Brandon 

Dryer 

Hogan 

McGuire 

Stahl 

Brenholt 

Dunlap 

Hull 

Meinert 

TafC 

Cai  lstrom 

Dupee,  E.  H. 

Iarussi 

Mighell 

Torrance 

Catron 

Dupuy,  G.  A. 

Ireland 

Miller 

Traeger 

Clarke 

Fifer 

Jack 

Mills 

Trautmann 

Coolley 

Fyke 

Jarman 

Moore 

Warren 

Corlett 

Gale 

Latchford 

Morris  * 

Wilson 

Cruden 

Garrett 

Lill 

Nichols 

Wolff 

Cutting 

Davis 

Gilbert 

Goodyear 

Lindly 

Parker 

Mr.  President 

Yeas — 57. 

■ — 41  C  J 


642 


JOUKNAL  OF  THE 


Those  voting  in  the  negative  are:  Messrs. 

Adams  Adamkiewicz  De  Young  Kunde  Tebbens 

Nays — 5. 

Section  8,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Rule  20. 

At  the  hour  of  6:50  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1922.] 


643 


CONSTITUTIONAL  CONVENTION. 


TUESDAY,  MAY  2,  1922,  9  :00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Lewis  B.  Landreth,  of  the  Immacu¬ 
late  Conception  Church,  of  Carthage. 

The  Journal  of  Saturday,  April  29th,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25th,  the  Secre¬ 
tary  called  the  roll  of  the  Convention,  which  resulted  as  follows :  Pres¬ 
ent,  81. 

Those  voting  present  are:  Messrs. 


Adams 

Dietz 

Hamill 

McGuire 

Shanahan 

Adamkiewicz 

Dryer 

Hogan 

Meinert 

Smith 

Barr 

Dunlap 

Hull 

Michal 

Sneed 

Beckman 

Dupee,  E.  H. 

Iarussi 

Mighell 

Stahl 

Brandon 

Dupuy,  G.  A. 

Ireland 

Miller 

Sutherland 

Brenholt 

Elting 

Jack 

Mills 

Taff 

Brewster 

Pifer 

Jarman 

Moore 

Tebbens 

Car]  strom 

F*yke 

Johnson,  L».  C. 

Morris 

Torrance 

Catron 

Gale 

Johnson,  W.  A. 

Nichols 

Traeger 

Clarke 

Ganschow 

KeVrick 

O’Brien 

Trautmann 

Coolley 

Garrett 

Kunde 

Paddock 

Wall 

Corlett 

Gee 

Latchford 

Parker 

Warren 

Cruden 

Gilbert 

Lill 

Pinnell 

Wilson 

Cutting 

Goodyear 

Lindly 

Revell 

Wolff 

Davis 

Gray 

Mayer 

Rinaker 

Woodward 

Dawes 

Green 

McEwen 

Rosenberg 

Mr.  President 

De  Young  Present — 81. 

The  Convention  proceeding  on  the  order  of  reports  of  standing 
committees : 

Mr.  Corlett  submitted  the  following  report : 


STATE  OF  ILLINOIS 

Constitutional  Convention. 

REPOKT  OF  THE  COMMITTEE  OK  FUTURE  AMENDMENT 

OF  THE  CONSTITUTION. 

YOUR  COMMITTEE  ON  FUTURE  AMENDMENT  OF  THE 
CONSTITUTION,  TO  WHICH  WAS  REFERRED  ARTICLE 
14  OF  THE  PRESENT  CONSTITUTION,  AND  PROPOSALS 
NUMBERED  90,  93,  210,  242  AND  280,  RESPECTFULLY 
REPORTS  THAT  IT  HAS  CAREFULLY  CONSIDERED 
ARTICLE  14,  AND  THE  SEVERAL  PROPOSALS  ABOVE 
ENUMERATED,  AND  HEREWITH  SUBMITS  ITS  REPORT 
AND  RECOMMENDS  THAT  THE  ABOVE  ENUMERATED 
PROPOSALS  AND  EACH  THEREOF  BE  REJECTED,  AND 
THAT  THE  FOLLOWING-  SHALL  P,E  ADOPTED  AS  A 


644 


JOURNAL  OF  THE 


[May  2, 


SUBSTITUTE  FOB  ARTICLE  14  AND  SAID  PROPOSALS, 
AND  THAT  THE  SAME  SHALL  BECOME  A  PART  OF 
THE  CONSTITUTION: 


AMENDMENTS  TO  THE  CONSTITUTION. 


Section  1.  Whenever  two-thirds  of  the  members  of  each  House  of  the 
General  Assembly  shall,  by  a  vote  entered  upon  the  journals  thereof,  concur 
that  a  Convention  is  necessary  to  revise,  alter  or  amend  the  Constitution,  the 
question  shall  be  submitted  to  the  electors  at  the  next  general  election.  If 
a  majority  voting  at  the  election  vote  for  a  Convention,  the  General  Assembly 
shall,  at  the  next  session,  provide  for  a  Convention,  to  consist  of  double  the 
number  of  members  of  the  Senate,  to  be  elected  in  the  same  manner,  at  the 
same  places,  and  in  the  same  districts.  The  General  Assembly  shall,  in  the 
act  calling  the  Convention,  designate  the  day,  hour  and  place  of  its  meeting, 
fix  the  pay  of  its  members  and  officers,  and  provide  for  the  payment  of  the 
same,  together  with  the  expenses  necessarily  incurred  by  the  Convention  in 
the  performance  of  its  duties.  Before  proceeding  the  members  shall  take 
an  oath  to  support  the  Constitution  of  the  United  States,  and  of  the  State 
of  Illinois,  and  to  faithfully  discharge  their  duties  as  members  of  the  Con¬ 
vention.  The  qualification  of  members  shall  be  the  same  as  that  of  members 
of  the  Senate,  and  vacancies  occurring  shall  be  filled  in  the  manner  provided 
for  filling  vacancies  in  the  General  Assembly.  Said  Convention  shall  meet 
within  three  months  after  such  election,  and  prepare  such  revision,  altera¬ 
tion  or  amendments  of  the  Constitution  as  shall  be  deemed  necessary,  which 
shall  be  submitted  to  the  electors  for  their  ratification  or  rejection,  at  an 
election  appointed  by  the  Convention  for  that  purpose,  not  less  than  two  nor 
more  than  six  months  after  the  adjournment  thereof;  and  unless  so  sub¬ 
mitted  and  approved,  by  a  majority  of  the  electors  voting  at  the  election,  no 
such  revision,  alteration  or  amendments  shall  take  effect. 

Section  2.  Amendments  to  this  Constitution  may  be  proposed  in  either 
House  of  the  General  Assembly,  and  if  the  same  shall  be  voted  for  by  two- 
thirds  of  all  the  members  elected  to  each  of  the  two  Houses,  such  proposed 
amendments,  together  with  the  yeas  and  nays  of  each  House  thereon,  shall 
be  entered  in  full  on  their  respective  journals,  and  said  amendments  shall 
be  submitted  to  the  electors  of  this  State  for  adoption  or  rejection,  at  the 
next  election  of  members  of  the  General  Assembly,  in  such  manner  as  may 
be  prescribed  by  law.  The  proposed  amendments  shall  be  published  in  full 
at  least  three  months  preceding  the  election,  and  if  a  majority  of  the  electors 
voting  at  said  election  shall  vote  for  the  proposed  amendments,  thes  shall 
become  a  part  of  this  Constitution.  But  the  General  Assembly  shall  has  e  no 
power  to  propose  amendments  to  more  than  two  articles  of  this  Constitution 
at  the  same  session,  nor  to  the  same  articles  oftener  than  once  in  four  years. 

Respectfully  submitted, 

Joseph  W.  Fifer,  Chairman, 
Edward  Corlett, 

C.  B.  T.  Moore, 

G.  Gale  Gilbert, 

H.  E.  Torrance, 

C.  A.  Sheet, 

Alexander  H.  Reyell. 


The  report  of  the  committee  was  ordered  printed  and  the  proposal 

placed  on  the  order  of  second  reading.  _ 

The  Convention  proceeding  npon  the  consideration  of  Report  2s  o. 
12;  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Legis¬ 
lative  Department,  section  23  thereof  was  again  taken  np. 

Whereupon  Mr.  Gale  offered  the  following  amendment  and  moved 

its  adoption: 


1922.] 


CONSTITUTIONAL  CONVENTION. 


645 


Amendment  No.  31. 

Amend  section  23,  as  amended,  by  adding  at  the  end  thereof  the  follow¬ 
ing: 

“And  no  statute  of  limitation,  barring  any  action  on  such  indebtedness, 
liability  or  obligation,  shall  begin  to  run  in  favor  of  any  public  officer  until 
an  official  audit  of  his  accounts  has  been  made,  as  shall  be  provided  by  law.” 

And  the  amendment  was  adopted. 


The  question  then  being  on  the  adoption  of  section  23,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  77 ;  nays,  0. 


Those 

voting  in  the  affirmative  are : 

Messrs. 

Adams 

Dryer 

Hogan 

Meinert 

Smith 

Baldwin 

Dunlap 

Hull 

Michal 

Sneed 

Barr 

Dupee,  E.  H. 

Iarussi 

Mighell 

Stahl 

Beckman 

Dupuy,  G.  A. 

Ireland 

Mills 

Sutherland 

Brenholt 

Biting 

Jack 

Moore 

Taft 

Brewster 

Filer 

Jarman 

Morris 

Torrance 

Carlstrom 

Fyke 

Johnson,  L.  C. 

Nichols 

Traeger 

Catron 

Gale 

Johnson,  W.  A. 

O’Brien 

Trautmann 

Clarke 

Ganschow 

Kerrick 

Paddock 

Wall 

Coolley 

Garrett 

Kunde 

Parker 

Warren 

Corlett 

Gee 

Latchford 

Pinnell 

Wilson 

Cruden 

Gilbert 

Lill 

Revell 

woift 

Cutting 

Goodyear 

Lindly 

Rinaker 

Woodward 

Davis 

Gray 

Mayer 

Rosenberg 

Mr.  President 

Dawes 

Green 

McEwen 

Shanahan 

Yeas — 77. 

De  Young 

Hamill 

McGuire 

Nays — 0. 

Section  23,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re- referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Pule  20. 

The  Convention  proceeding  upon  the  consideration  of  Report  Xo. 
9,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Bill  of 
Rights,  section  20  thereof  was  again  taken  up. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  63 ;  nays,  8. 


Those 

voting  in  the  affirmative  are 

:  Messrs. 

Adams 

Dawes 

Gilbert 

Meinert 

Smith 

Adamkiewicz 

De  Young 

Goodyear 

Mighell 

Sneed 

Barr 

Dietz 

Gray 

Mills 

Stahl 

Beckman 

Dryer 

Green 

Moore 

Sutherland 

Brandon 

Dunlap 

Hogan 

Morris 

Taff 

Brenholt 

Dupuy,  G.  A. 

Ireland 

Nichols 

Tebbens 

Brewster 

Elting 

Jack 

Paddock 

Torrance 

Carlstrom 

Fifer 

Johnson,  W. 

A.  Parker 

Trautmann 

Clarke 

Fyke 

Kerrick 

Pinnell 

Wall 

Coolley 

Gale 

Kunde 

Revell 

Warren 

Corlett 

Ganschow 

Lill 

Rinaker 

Woodward 

Cruden 

Garrett 

Mayer 

Shanahan 

Mr.  President 

Cutting 

Gee 

McGuire 

Yeas — 63. 

Those  voting  in  the  negative  are: 

Messrs. 

Hamill 

McEwen 

O’Brien 

Traeger 

Wolff 

Latchford 

Michal 

Rosenberg 

Nays — 8. 

Section  20,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

The  Convention  proceeding  upon  the  consideration  of  Report  Xo. 
4,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Educa¬ 
tion,  section  4  thereof  was  again  taken  up. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 
its  adoption: 


646 


JOURNAL  OF  THE 


[May  2, 


Amendment  No.  4. 

Amend  section  4  by  striking  out  after  the  figure  4  the  words  “except  in 
payment  of  rent  or  purchase  price  or  for  the  hospital  care  of  the  sick  when 
only  a  sectarian  hospital  is  available”  and  insert  the  words  “except  in  pay¬ 
ment  of  temporary  rent  or  temporary  hospital  service  or  purchase  price,” 
so  that  the  section  will  read: 

“Section  4.  Except  in  payment  of  temporary  rent  or  temporary  hospital 
service  or  purchase  price,  no  public  money  shall  be  paid  or  other  public  prop¬ 
erty  be  given  or  applied  for  any  sectarian  purpose  or  to  any  institution 
controlled  by  a  church  or  sect.” 

And  the  amendment  was  adopted. 

Mr.  Cutting  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  5. 


Amend  section  4,  as  amended,  by  inserting  after  the  word  “price”  in  line 
2,  the  following: 

“or  of  not  to  exceed  the  cost  of  maintaining  and  supporting  during  their 
terms  of  commitment  persons  comitted  by  courts  of  competent  jurisdiction 
to  institutions  or  agencies  not  conducted  by  the  State  but  under  public  in¬ 
spection.” 


The  question  being  on  the  adoption  of 
of  five  Delegates,  a  call  of  the  roll  was  had, 


the  amendment,  on  demand 
resulting  as  follows:  Yeas, 


Those 

voting  in  the  affirmative  are 

:  Messrs. 

Adamkiewicz 

Davis 

Green 

McGuire 

Sneed 

Barr 

Dawes 

Hamill 

Meinert 

Sutherland 

Brenholt 

Dupee,  E.  H.  Hogan 

Michal 

Tebbens 

Carlstrom 

Dupuy,  G.  A 

Iarussi 

Miller 

Traeger 

Catron 

Fifer 

Kunde 

Morris 

Wall 

Clarke 

Fyke 

Latchford 

O’Brien 

Wilson 

Coolley 

Ganschow 

Lindly 

Paddock 

Woodward 

Corlett 

Garrett 

Mack 

Rosenberg 

Mr.  President 

Cutting 

Gilbert 

McEwen 

Shanahan 

Y  eas — 

Those 

voting  in  the 

negative  are: 

Messrs. 

Adams 

Dunlap 

Jack 

Mills 

Smith 

Beckman 

Elting 

Jarman 

Moore 

Stahl 

Brandon 

Gale 

Johnson,  L.  C.  Nichols 

Taft 

Brewster 

Goodyear 

Johnson,  W. 

A.  Parker 

Torrance 

Chew 

Gray 

Kerrick 

Pinnell 

Trautmann 

De  Young 

Hollenbeck 

Lill 

Revell 

Warren 

Dietz 

Hull 

Mayer 

Rinaker 

Wolft 

Dryer 

Ireland 

Mighell 

Shuey 

Nays — : 

39. 


tion : 


And  the  amendment  was  adopted. 

Mr.  Green  offered  the  following  amendment  and  moved  its  adop- 


Amendment'  No.  6. 

Amend  section  4,  as  amended,  by  inserting  after  the  word  “of”  and  be¬ 
fore  the  word  “maintaining”  the  word  “temporarily.” 

And  the  amendment  was  adopted. 

Mr.  Einaker  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  7. 

Amend  section  4,  as  amended,  by  adding  at  the  end  thereof  the  follow¬ 
ing: 

“No  institutions  which  are  controlled,  directly  or  indirectly,  in  whole 
oi  in  part,  by  any  church  or  sect,  which  are  not  under  full  and  frequent 


1922.] 


CONSTITUTIONAL  CONVENTION. 


647 


public  inspection,  and  none  which  have  not,  prior  to  January  1,  1922, 
received  public  funds  in  any  manner  herein  mentioned,  shall  be  held  to  be 
within  those  terms  of  any  clause  of  this  section  permitting  payment  to  such 
institutions,  and,  as  rapidly  as  similar  institutions  are  provided  at  public 
expense,  they  shall  be  exclusively  recognized  and  used  to  the  extent  of  their 
capacity,  and  payments  to  any  similar  non-public  institutions  shall  cease. 

Pending  discussion,  at  the  hour  of  12:35  o’clock  p.  m.,  Mr.  Rinaker 
moved  that  the  Convention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2 :00  o’Clock  P.  M. 

The  hour  of  2:00  o’clock  p.  m.,  having  arrived,  the  Convention 
resumed  its  session. 

The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  Amendment  No.  7,  to  section  4,  of  Report  No.  4,  the  same 
was  again  taken  up. 

The  pending  question  being  on  the  adoption  of  the  amendment 
offered  by  Mr.  Rinaker,  a  division  of  the  Convention  was  had,  resulting 
as  follows :  Yeas,  31 ;  nays,  28. 

And  the  amendment  was  adopted. 

Pending  roll  call,  Mr.  Dunlap  moved  that  further  consideration  of 
section  4  be  postponed. 

The  question  being  on  the  motion  to  postpone,  a  division  of  the 
convention  was  had,  resulting  as  follows:  Yeas,  40;  nays,  39. 

And  the  motion  prevailed. 

The  Convention  proceeding  upon  the  consideration  of  Report  No. 
17,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Coun¬ 
ties,  section  4  thereof  was  again  taken  up. 

Whereupon  Mr.  Gale  offered  the  following  amendment  and  moved 

its  adoption : 

Amendment  No.  15. 

*  O 

Amend  section  4,  by  striking  out  all  of  the  section  after  the  word  “law,” 
in  line  3. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  4,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  80 ;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Dryer 

Hollenbeck 

Mighell 

Smith 

Adamkiewicz 

Dunlap 

Hull 

Miller 

Sneed 

Barr 

Dupee,  E.  H. 

larussi 

Mills 

Stahl 

Brandon 

Dupuy,  G.  A- 

Ireland 

Moore 

Sutherland 

Brenholt 

Elting 

Jack 

Morris 

Taff 

Brewster 

Fyke 

Jarman 

Nichols 

Tebbens 

Carlstrom 

Gale 

Johnson,  L.  C. 

O’Brien 

Torrance 

Catron 

Ganschow 

Johnson,  W.  A. 

Paddock 

Traeger 

Chew 

Garrett 

Kerrick 

Parker 

Trautmann 

Clarke 

Gee 

Kunde 

Pinnell 

Wall 

Coolley 

Gilbert 

Latchford 

Quinn 

Warren 

Corlett 

Goodyear 

Lill 

Revell 

Wilson 

Cruden 

Gray 

Lindly 

Rinaker 

Wolff 

Cutting 

Green 

Mayer 

Rosenberg 

Woodward 

Dawes 

Hamill 

McGuire 

Shanahan 

Mr.  President 

De  Young 

Dietz 

Hogan 

Meinert 

Shuey 

Yeas — 80. 
Nays — 0. 

648 


JOURNAL  OF  THE 


[May  2. 


Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Pule  20. 

Mr.  Gale  moved  to  suspend  the  rules  for  the  purpose  of  reconsider¬ 
ing  the  vote  by  which  section  4,  of  article  46,  was  adopted  on  April  29th. 
And  the  motion  prevailed. 

Mr.  Gale  thereupon  moved  that  the  vote  by  which  section  4  was 

adopted  be  reconsidered. 

The  motion  prevailed. 

And  section  4  was  again  taken  up. 

Whereupon  Mr.  Gale  moved  to  amend  section  4  by  striking  out  ah 
of  the  section  after  the  word  “law”  in  line  3. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  section  4,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  78;  nays,  3. 
Those  voting  in  the  affirmative  are:  Messrs. 

Hogan 


Hollenbeck 
Hull 
Iarussi 
Ireland 
Jack 
J  arman 
Johnson,  L.  C. 
Johnson,  W.  A. 
Kerrick 
Kunde 
Lill 
Lindly 
Mack 
Mayer 
McEwen 


McGuire 

Meinert 

Michal 

Mighell 

Miller 

Mills 

Moore 

Morris 

Nichols 

Paddock 

Parker 

Pinnell 

Quinn 

Revell 

Rinaker 


Shanahan 

Shuey 

Smith 

Stahl 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 78. 


Adams  De  Young 

Barr  Dietz 

Beckman  Dryer 

Brandon  Dunlap 

Brenholt  Dupee,  E.  H. 

Brewster  Dupuy,  G.  A. 

Carlstrom  Biting 

Gatron  F*yke 

Chew  Gale 

Clarke  Ganschow 

Coolley  Garrett 

Corlett  Gee 

Cruden  Gilbert 

Cutting  Goodyear 

Davis  Gray 

Dawes  Green 

Those  voting  in  the  negative  are:  Messrs. 

Adamkiewicz  Latchford  O’Brien  ...  l  4. 

Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Eule  20. 

The  Convention  proceeding  upon  the  consideration  of  Deport  JNo. 
14,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Land 

Credits  the  same  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Clarke  offered  the  following  amendment  and  moved 

its  adoption : 

Amendment  No.  1. 


Nays — 3. 


Amend  Report  No.  14,  by  striking  out  the  word  “or”  in  line  10  and 
inserting  in  lieu  thereof  the  word  “and.’ 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  Report  Yo.  14,  as 
amended,  a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  51: 

nays,  33. 


1922.]  CONSTITUTIONAL  CONVENTION.  649 


Those 

voting  in  the  affirmative  are 

:  Messrs. 

Adams 

Dunlap 

Hogan 

Mack 

Parker 

Barr 

Dupee,  E.  H. 

Hollenbeck 

McEwen 

Pinnell 

Beckman 

Elting 

Hull 

McGuire 

Quinn 

Brandon 

Fifer 

Jack 

Meinert 

Shuey 

Brenholt 

Gal* 

Jarman 

Mighell 

Sneed 

Catron 

Garrett 

Johnson,  L.  C.  Miller 

Stahl 

Chew 

Gee 

Johnson,  W. 

A.  Mills 

Torrance 

Clarke 

Gilbert 

Kerrick 

Moore 

Trautmann 

Coolley 

Goodyear 

Lill 

Nichols 

Warren 

Corlett 

Gray 

Lindly 

Paddock 

Wolff 

Dryer 

Those 

voting  in  the  negative  are: 

Messrs. 

Yeas — ! 

Adamkiewicz 

Dietz 

Kunde 

Rinaker 

Tebbens 

Brewster 

Dupuy,  G.  A. 

Latchford 

Rosenberg 

Traeger 

Carlstrom 

Ganschow 

Mayer 

Shanahan 

Wall 

Cutting 

Green 

Michal 

Smith 

Wilson 

Davis 

Hamill 

Morris 

Sutherland 

Woodward 

Dawes 

Iarussi 

O’Brjen 

Taft 

Mr.  President 

De  Young 

Ireland 

Revell 

Nays — : 

Eeport  No.  14,  having  received  the  votes  of  less  than  a  majority  of 
the  Delegates  elected,  failed  to  pass. 

The  Convention  proceeding  on  the  order  of  reports  of  standing 
committees. 

Mr.  Clarke  submitted  the  following  report : 


Report  No.  8. 

YOUR  COMMITTEE  ON  PHEASEOLOGY  AND  STYLE,  TO 
WHICH.  WAS  REFERRED  A  PEOPOSAL  ENTITLED  CHI¬ 
CAGO  AND  COOK  COUNTY  (INTEODUCTION  NO.  385, 
REFERENCE  NO.  17),  AS  AMENDED  IN  COMMITTEE  OF 
THE  WHOLE,  RESPECTFULLY  REPORTS  THAT  IT  HAS 
CONSIDERED  SUCH  PEOPOSAL,  AND  HEREWITH  SETS 
FORTH  IN  PARALLEL  COLUMNS  ARTICLE  I  OF  SAID 
PROPOSAL  AS  ADOPTED  IN  COMMITTEE  OF  THE 
WHOLE  ON  THE  LEFT,  AND  A  SUBSTITUTE  THERE¬ 
FOR  AS  RECOMMENDED  BY  THIS  COMMITTEE  ON 
THE  RIGHT. 


Resolved,  That  the  following 
lion  of  Illinois: 

Section  1.  Except  as  expressly 
limited  by  law  the  City  of  Chicago 
is  hereby  granted  and  declared  to 
possess  full  and  complete  powers  of 
local  self-government  and  corporate 
action  for  all  municipal  purposes. 
The  city  may  assess  and  collect 
taxes  and  borrow  money  for  corpor¬ 
ate  purposes  only  as  authorized  by 
law. 


shall  become  a  part  of  the  Constitu~ 

Section  1.  Except  as  expressly 
prohibited  by  law,  the  City  of  Chi¬ 
cago  is  hereby  declared  to  possess, 
for  all  municipal  purposes,  full  and 
complete  power  of  local  self-govern¬ 
ment  and  corporate  action.  This 
grant  of  power  shall  be  liberally  con¬ 
strued  and  no  power  shall  be  denied 
the  city  by  reason  of  not  being  speci¬ 
fied  in  any  present  or  future  law. 
The  city,  however,  may  impose  taxes 
and  borrow  money  only  as  authorized 
by  law. 

Until  otherwise  provided  by  the 
city  charter,  the  powers  heretofore 
granted  the  city  shall  be  preserved 
and  exercised  in  accordance  with  law 


650 


JOURNAL  OF  THE 


[May  2, 


Section  2.  Charter  Convention. 
The  legislative  authority  of  the  City 
of  Chicago  may  provide  for  the  call¬ 
ing  of  an  elective  convention  to 
frame  a  city  charter,  or  to  amend 
any  existing  charter,  and  the  power 
hereby  granted  shall  be  a  continuing 
power.  The  question  whether  a  Con¬ 
vention  shall  be  called  shall  be  sub¬ 
mitted  at  an  election  held  prior  to 
the  election  for  delegates.  The  char¬ 
ter  framed  by  the  Convention  and 
all  amendments  thereof,  proposed  as 
provided  therein,  shall  be  submitted 
to  and  adopted  by  the  voters  of  ths 
city  in  the  manner  provided  by  the 
Convention.  The  election  laws  of 
the  State  and  the  powers  and  duties 
existing  threunder  may,  by  the  leg¬ 
islative  authority  of  the  city,  or  by 
the  Convention,  be  made  available 
for  the  purpose  of  the  charter.  The 
General  Assembly  may  enact  further 
election  laws  in  aid  of  this  section. 

Provisions  of  the  charter,  or  of 
amendments  of  or  additions  to  the 
charter,  or  ordinances  passed  in  pur¬ 
suance  thereof,  which  relate  to  the 
organization  of  the  government  of 
the  city,  to  the  distribution  of  pow¬ 
ers  among  its  official  agencies  or  to 
the  tenure  and  compensation  of  its 
officials  shall  prevail  over  the  stat¬ 
utes  of  the  State  in  conflict  there¬ 
with.  In  other  matters  the  charter 
or  ordinances  passed  thereunder 
shall  conform  to  the  State  law. 

A  certified  copy  of  said  charter  or 
any  amendment  thereto  shall  be  filed 
with  the  Secretary  of  State  within 
thirty  days  after  its  adoption  by 
referendum  vote  and  shall  not  take 
effect  until  so  filed. 

Rates  of  compensation,  as  well  as 
conditions  of  appointment  and  pro¬ 
motion  in  the  civil  service  of  the 
city  shall  be  determined  according 
to  a  general  plan,  which  shall  recog¬ 
nize  merit  and  fitness  as  controlling 
principles. 

Section  3.  Eminent  Domain.  The 
City  of  Chicago  shall  have  power  to 
condemn  private  property  (including 
public  utilities  and  the  privileges  or 
licenses  held  in  connection  there¬ 
with)  for  public  use  in  accordance 


|  and  the  additional  power  granted  by 
this  section  shall  be  exercised  by,  or 
in  accordance  with  city  ordinances. 

Section  2.  The  legislative  author¬ 
ity  of  the  City  of  Chicago,  from  time 
to  time,  and  after  approval  of  the 
proposition  at  an  election  in  such 
manner  as  it  may  provide,  may  call 
an  elective  convention  to  frame  a 
new  city  charter  or  to  revise  or 
amend  any  existing  charter.  The 
proposals  of  any  sucli  convention 
shall  be  submitted  to  the  voters  for 
adoption  in  the  manner  provided  by 
it.  Subsequent  amendments  may  also 
be  proposed  and  submitted  to  the 
voters  in  such  manner  as  the  charter 
may  provide.  State  election  laws 
and  the  powers  and  duties  existing 
thereunder  shall  be  available  for  the 
purposes  of  this  section. 

The  charter  so  framed,  revised  or 
amended  and  ordinances  passed 
thereunder  shall  prevail  over  State 
laws  so  far  as  the  organization  of 
the  City  Government,  the  distribu¬ 
tion  of  powers  among  its  official 
agencies,  and  the  tenure  and  com¬ 
pensation  of  its  officers/  and  em¬ 
ployees  are  concerned. 

Rates  of  compensation  as  well  as 
conditions  of  appointment  and  pro¬ 
motion  in  the  classified  civil  service 
of  the  city  shall  be  determined  ac¬ 
cording  to  a  general  plan  which  shall 
recognize  merit  and  fitness  as  con¬ 
trolling  princiifi^s. 


Section  3.  In  the  exercise  of  the 
power  of  eminent  domain  by  the  City 
of  Chicago,  public  utilities  and  their 
privileges  and  licenses  shall  be 
deemed  private  property. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


651 


with  law.  The  power  to  condemn 
property  lying  outside  of  the  corpor¬ 
ate  limits  shall  be  determined  by  law. 

Section  4.  Public  Utilities.  The 
power  of  the  city  to  own,  acquire, 
construct,  operate  or  let  or  lease  for 
operation  public  utilities,  or  to  sell 
the  same  or  the  product  or  service 
thereof,  shall  not  be  denied  by  law, 
but  may  be  reasonably  regulated  by 
general  law. 

Section  5.  The  city  shall  be  au¬ 
thorized  to  join  with  any  other  mu¬ 
nicipality,  in  such  manner  as  may  be 
provided  by  law,  for  the  joint  con¬ 
struction  of  local  improvements, 
public  utilities  or  other  local  serv¬ 
ices. 

Section  6.  Special  Legislation  and 
Local  Consent.  The  General  Assem¬ 
bly  may  enact  local  or  special  laws 
relating  to  the  governmental  affairs 
of  the  City  of  Chicago,  but  such 
laws  shall  not  become  effective  until 
consented  to  by  the  city.  A  law 
which  at  the  time  of  its  enactment 
is  applicable  to  the  governmental 
affairs  of  no  other  city  than  the  City 
of  Chicago  shall  be  deemed  a  local  or 
special  law. 

Section  7.  The  consent  of  the  city 
shall  also  be  required  for  the  crea¬ 
tion  or  for  the  enlargement  of  any 
municipal  corporation  (other  than  a 
county)  exercising  taxing  powers  in 
any  part  of  the  City  of  Chicago  or 
for  the  increase  of  the  taxing  powers 
of  any  such  municipal  corporation 
hereafter  created  or  enlarged. 


Section  8.  The  consent#  of  the 
city,  whenever  required  by  this  Con¬ 
stitution,  shall  be  expressed  by  ordi¬ 
nance,  and  the  General  Assembly, 
the  city  council  or  the  charter  may, 


Section  4.  The  City  of  Chicago, 
subject  to  reasonable  regulation  by 
general  law,  may  own,  acquire,  con¬ 
struct,  operate,  sell,  pledge,  lease  or 
let  public  utilities,  or  buy  or  sell  the 
service  thereof. 


Section  5.  (Omitted.  Taken  care 
of  by  amendment  to  Section  11,  of 
Revenue  Article.) 


Section  6.  (No  change  suggested.) 


Section  8.  The  consent  of  the  City 
of  Chicago  shall  be  required  for  the 
creation,  enlargement  or  consolida¬ 
tion  of  any  municipal  corporation 
(except  a  county)  exercising  tax¬ 
ing  powers  within  the  city  or  for 
any  increase  of  the  taxing  powers 
of  any  such  municipal  corpora¬ 
tion  hereafter  created  or  enlarged. 
No  ordinance  expressing  consent 
to  the  creation,  enlargement  or 
consolidation  of  any  municipal 
corporation  shall  take  effect  until 
ninety  days  after  its  enactment,  and 
if  within  that  time  either  5,000  vot¬ 
ers  or  one-third  of  the  legislative 
authority  of  the  city  petition  that 
body  to  submit  the  question  at  an 
election  the  ordinance  shall  not  take 
effect  until  approved  by  a  majority 
of  those  voting  on  the  question. 

Section  7.  The  consent  of  the  city 
whenever  required  by  this  article 
shall  be  expressed  by  ordinance,  but 
the  General  Assembly,  the  city  char¬ 
ter  or  the  ordinance  may  prescribe 


V' 


652  JOURNAL 

in  addition,  require  the  submission 
of  the  proposition  to  the  voters  of 
the  city.  Any  ordinance  consenting 
to  the  creation,  enlargement  or  con¬ 
solidation  of  taxing  bodies  as  pro¬ 
vided  in  this  aiticle  shall  not  take 
effect  until  ninety  days  after  its  en¬ 
actment,  and  if  within  that  period 
either  one-third  of  the  members  of 
the  legislative  authority  of  the  city 
or  five  thousand  voters  demand  its 
submission  to  popular  vote,  it  shall 
not  take  effect  until  submitted  to  the 
voters  in  accordance  with  law  and 
approved  by  a  majority  of  those  vot¬ 
ing  upon  the  question. 

Section  9.  Consolidation.  Munici¬ 
palities  Wholly  Within  the  City  and 
Overlapping  Townships.  The  charter 
framed  by  an  elective  convention  as 
herein  authorized,  may  provide  for 
the  consolidation  (in  whole  or  in 
part)  with  the  City  of  Chicago,  of 
any  or  all  of  the  municipal  corpora¬ 
tions  and  local  governments,  boards 
or  authorities  exercising  taxing  pow¬ 
ers  or  any  powers  of  government 
confined  to  the  territory  now  or  here¬ 
after  embraced  within  the  limits  of 
the  City  of  Chicago.  The  charter  so 
framed  may  also  provide  that  where 
any  township  embraces  territory 
partly  within  and  partly  without  the 
present  or  future  limits  of  the  city, 
the  part  within  the  city  shall  be  de¬ 
tached  from  such  township  and  con¬ 
solidated  with  the  city.  Any  munici¬ 
pal  corporation,  local  government, 
board  or  authority  consolidated  with 
the  city  shall  be  abolished  and  the 
city  shall  assume  all  the  debts  and 
liabilities  and  succeed  to  all  the 
rights  and  property  thereof.  In  case 
township  government  shall  be  con¬ 
solidated  with  the  city,  the  powers 
of  township  officers,  insofar  as  they 
relate  to  the  collection  of  taxes,  shall 
be  exercised  by  the  county  treasurer, 
until  otherwise  provided  by  law. 


or  the  "  [May  2, 

in  addition  approval  of  the  ordinance 
by  the  voters. 


Sections  9,  10  and  11.  The  charter 
framed,  revised  or  amended  under 
section  two  of  this  article  may  pro¬ 
vide: 

(a)  For  the  consolidation  with 
the  City  of  Chicago  of  any  or  all 
local  governments  or  other  au¬ 
thorities  (in  whole  or  in  part) 
now  or  hereafter  exercising  pow¬ 
ers  confined  to  the  city  limits; 
and  also  of  that  part  of  any  town¬ 
ship  (partly  within  and  partly 
without  the  city)  now  or  hereafter 
lying  within  the  city  limits.  After 
consolidation  with  the  city  of  any 
township  (or  part  thereof)  ‘the 
powers  of  all  officers  therein  relat¬ 
ing  to  collection  of  taxes  shall  be 
exercised  by  the  county  treasurer 
until  otherwise  provided  by  law. 

(b)  For  the  consolidation  with 
the  City  of  Chicago  of  the  Sani¬ 
tary  District  of  Chicago  and  the 
Forest  Preserve  District  of  Cook 
County,  or  either  of  -  them.  No 
consolidation  of  either  of  said  dis¬ 
tricts  shall  take  effect  until  ap¬ 
proved  at  an  election  by  a  majority 
of  those  voting  on  the  question 
both  in  the  district  and  in  the  city. 
The  question  of  consolidation  of 
either  district  shall  be  submitted 
to  the  voters  thereof  as  a  separate 
proposition,  and  the  election  offi¬ 
cials  responsible  for  conducting 
elections  therein  shall  submit  the 
question  in  the  manner  provided 
by  the  charter.  The  city  shall  ex¬ 
ercise  no  taxing  power  outside  its 
limits  by  virtue  of  consolidating 
either  district.  Upon  consolidation 
of  the  Sanitary  District  with  the 
City  of  Chicago,  and  until  other¬ 
wise  l^ovided  by  law,  the  city  shall 
furnish  without  charge  sewage  dis¬ 
posal  service  beyond  its  limits  in 
the  district,  to  the  extent  then  fur¬ 
nished  by  the  district;  and  the  city 
may  be  required  by  law  to  furnish 


1922.] 


CONSTITUTIONAL  CONVENTION. 


653 


Section  10.  consolidation  of  Sani¬ 
tary  District  and  of  Forest  Preserve 
District.  The  charter  may  also  pro¬ 
vide  for  the  consolidation  of  the 
government  of  the  sanitary  district 
of  Chicago  and  of  the  forest  preserve 
district  of  Cook  county,  or  of  either, 
with  the  government  of  the  City  of 
Chicago.  Such  consolidation  shall, 
as  regards  each  of  said  districts,  be 
submitted  as  a  separate  proposition 
to  the  voters  of  the  entire  district 
and  shall  not  become  effective  unless 
the  vote  in  its  favor  shall  be  cast  by 
a  majority  of  the  voters  of  the  dis¬ 
trict  as  well  as  by  a  majority  of  the 
city,  viting  upon  the  question.  The 
charter  shall  prescribe  the  manner 
and  fix  the  time  of  submitting  such 
proposition  to  a  vote.  If  such  propo¬ 
sition  shall  fail  to  be  approved  at 
any  election,  it  may  thereafter  be  re¬ 
submitted  from  time  to  time  in  such 
manner  as  the  charter  may  prescribe. 
It  shall  be  the  duty  of  all  election 
officials  responsible  for  conducting 
elections  within  either  of  said  dis¬ 
tricts  or  any  part  thereof,  to  submit 
such  proposition  to  the  voters  thereof 
in  accordance  with  the  provisions  or 
the  charter. 

Upon  such  consolidation  becoming 
effective,  the  title  to  and  the  control 
and  management  of  all  the  property 
then  held  by  the  district  thus  con¬ 
solidated  shall  be  vested  in  the  city, 
and  the  city  shall  have  all  powers 
and  assume  all  debts  and  liabilities 
of  the  district,  but  snail  exercise  no 


at  cost,  additional  increased  sewage 
disposal  service  in  such  territory. 

All  duties  or  obligations  imposed 
by  law  at  the  time  of  such  con¬ 
solidation  for  the  benefit  of  the 
inhabitants  of  such  territory,  or 
any  part  thereof,  upon  the  city  or 
the  sanitary  district  with  respect 
to  other  forms  of  service  shall  be 
assumed  by  the  city  unless  it  is 
relieved  therefrom  by  the  General 
Assembly. 

Any  authority  consolidated  with 
the  City  of  Chicago  under  this  sec¬ 
tion  shall  be  abolished  and  the  city 
shall  succeed  to  all  the  powers,  prop¬ 
erty  and  liabilities  thereof.  If  any 
consolidation  proposed  under  this 
section  fails  to  be  approved  at  any 
election,  the  question  may  be  resub¬ 
mitted  from  time  to  time  in  the  man¬ 
ner  provided  by  the  charter. 


654 


JOURNAL  OF  THE 


[May  2, 


taxing  powers  over  territory  outside 
of  the  city  limits  hy  virtue  of  such 
consolidation. 

The  word  “charter,”  as  used  in  this 
section  and  the  preceding  section, 
shall  be  construed  to  include  any 
amendment  thereof  and  the  power 
of  consolidation  hereby  granted  shall 
be  deemed  to  be  a  continuing  power. 

Section  11.  After  consolidation  of 
the  sanitary  district  and  until  other¬ 
wise  provided  by  law,  the  city  shall 
continue  to  furnish  to  the  inhabi¬ 
tants  of  the  territory  within  the 
district  as  constituted  at  the  time 
of  the  consolidation,  but  lying  be¬ 
yond  the  present  or  future  limits  of 
the  city,  without  cost  or  expense  to 
them  or  to  the  municipalities  within 
such  territory,  sewage  disposal  serv¬ 
ice  to  the  extent  furnished  to  them 
by  the  district  at  that  time.  The 
General  Assembly  shall  have  no 
power  to  enlarge  the  obligation 
thereby  assumed  by  the  city  except 
to  require  the  city  to  furnish  to  the 
inhabitants  of  the  municipalities  in 
such  territory,  or  any  part  thereof, 
at  their  own.  cost  and  expense  addi¬ 
tional  or  increased  service  for  sewage 
disposal  purposes.  All  duties  or  obli¬ 
gations  imposed  by  law  at  the  time 
of  such  consolidation  for  the  benefit 
of  the  inhabitants  of  such  territory, 
or  any  part  thereof,  upon  the  city 
or  sanitary  district  with  respect  to 
other  forms  of  service  shall  be  as¬ 
sumed  by  the  city  unless  it  shall  be 
relieved  therefrom  by  the  General 
Assembly. 

Section  12.  Tax  Rate  After  Con¬ 
solidation.  After  consolidation  in 
wThole  or  in  part,  and  until  a  new 
tax  rate  shall  have  been  established 
by  law,  the  city  may  levy,  in  addi¬ 
tion  to  the  annual  general  tax  on 
the  property  then  authorized  to  be 
levied,  an  annual  tax  equal  to  the 
amount  of  the  taxes  caused  to  be  ex¬ 
tended  upon  the  collector’s  warrants 
in  the  year  last  preceding  the  con¬ 
solidation  by  the  taxing  authorities 
so  consolidated  with  the  city. 

Section  13.  Park  Consolidation  Act 
Preserved.  The  foregoing  provisions 
concerning  consolidation  shall  not 
affect  the  right  of  the  city,  acting 
through  the  city  council,  or  other¬ 
wise,  to  avail  itself  of  the  provisions 


Section  12.  After  any  consolida¬ 
tion  authorized  by  the  foregoing 
section  has  taken  effect,  and  until 
a  new  tax  rate  is  fixed  by  law,  the 
City  of  Chicago  may  levy  an  addi¬ 
tional  annual  tax  equal  to  the 
amount  of  taxes  caused  to  be  ex¬ 
tended  by  the  authority  so  consoli¬ 
dated  upon  the  collector’s  warrants 
in  the  year  last  preceding  consolida- 
i  tion. 


Section  13.  The  rights  of  the  City 
of  Chicago  under  the  Act  for  the 
Consolidation  of  Local  Governments, 
approved  June  29,  1915,  or  any 

amendment  thereof,  are  not  affected 
by  this  article. 


1922.] 


CONSTITUTIONAL  CONVENTIONS . 


655 


of  an  Act  entitled  “An  Act  to  con¬ 
solidate  in  the  government  of  the 
City  of  Chicago  the  powers  and 
functions  now  vested  in  local  govern¬ 
ments  and  authorities  within  the 
territory  of  said  city  and  to  make 
provision  concerning  the  same,” 
approved  June  29th,  1915,  or  any 
amendment  thereof. 

Section  14.  Legislative  Consolida¬ 
tion.  The  General  Assembly  may 
provide  additional  or  alternative 
methods  for  the  consolidation  of  lo¬ 
cal  governments  with  the  City  of 
Chicago,  subject  to  the  consent  of 
the  city. 

Section  15.  Debt  Limit  After  Con¬ 
solidation.  The  City  of  Chicago,  in 
the  event  of  any  one  or  more  of  the 
municipal  corporations  lying  wholly 
or  partly  within  said  city  becoming 
consolidated  therewith,  and  in  the 
event  of  said  city  becoming  liable  for 
the  indebtedness  of  any  such  munici¬ 
pal  corporations,  may  become  in¬ 
debted  to  an  amount  (including  its 
existing  indebtedness  and  the  indebt¬ 
edness  of  all  municipal  corporations 
lying  wholly  within  the  limits  of  said 
city,  and  said  city’s  proportionate 
share  of  the  indebtedness  of  the 
County  of  Cook,  the  Forest  Preserve 
District  of  Cook  County,  and  the 
Sanitary  District  of  Chicago)  in  the 
aggregate  not  exceeding  5  per  centum 
of  the  full  value  of  the  taxable  prop¬ 
erty  within  its  limits  as  ascertained 
by  the  last  assessment  for  State  and 
county  taxes  previous  to  the  incur¬ 
ring  of  such  indebtedness,  but  no  new 
bonded  indebtedness  (other  than  for 
refunding  purposes)  shall  be  in¬ 
curred  until  the  proposition  therefor 
shall  be  consented  to  by  a  majority 
of  the  legal  voters  of  said  city  voting 
upon  the  question.  The  city’s  pro¬ 
portionate  share  of  the  indebtedness 
of  the  County  of  Cook  and  of  other 
municipal  corporations  herein  named 
shall  bear  the  same  ratio  of  the  en¬ 
tire  indebtedness  thereof  as  the  value 
of  the  taxable  property  of  such  mu¬ 
nicipal  corporations  within  the  city 
bears  to  the  value  of  the  entire  tax¬ 
able  property  of  such  municipal  cor 
porations  as  ascertained  by  the  last 
assessment  for  State  and  county  pur¬ 
poses. 


Section  14.  The  General  Assembly 
may  provide  other  methods  for  con¬ 
solidating  local  authorities  with  Ihe 
City  of  Chicago,  subject  to  its  con¬ 
sent. 


Section  15.  After  any  consolida¬ 
tion  authorized  by  this  article  has 
taken  effect,  the  City  of  Chicago  may 
become  indebted  in  the  aggregate 
up  to  5  per  cent  of  the  full  value 
of  the  taxable  property  therein  as 
ascertained  by  the  last  assessment 
for  State  and  county  taxes  previous 
to  incurring  the  debt.  In  computing 
such  aggregate  amount  there  shall 
be  included  the  existing  indebted¬ 
ness  of  the  city,  and  of  all  munici¬ 
pal  corporations  within  the  city,  and 
also  the  city’s  proportionate  share 
(determined  according  to  valuation 
of  taxable  property)  of  the  existing 
indebtedness  of  all  municipal  corpo¬ 
rations  partly  within  and  partly 
without  the  city. 


Suggested  as  a  Substitute  for 
Section  15. 


The  City  of  Chicago  may  become 
indebted  in  the  aggregate  up  tc  5 
per  cent  of  the  full  value  of  the  tax¬ 
able  property  therein  as  ascertained 
by  the  lost  assessment  for  State  and 
county  taxes  previous  to  incurring 
the  debt.  In  computing  such  aggre¬ 
gate  amount  there  shall  be  included 
in  the  indebtedness  of  the  city,  the 
then  existing  indebtedness  of  all  mu¬ 
nicipal  corporations  within  the  city, 
and  the  city’s  proportionate  share 
(determined  according  to  valuation 
of  taxable  property)  of  the  then  ex¬ 
isting  indebtedness  of  all  municipal 
corporations  (except  the  County  of 
Cook)  partly  within  and  partly  with¬ 
out  the  city.  No  municipal  corpora¬ 
tion  wholly  or  partly  within  the  city 
(except  the  County  of  Cook)  shall 


656 


JOURNAL  OF  THE 


i 


Section  16.  No  municipal  corpora¬ 
tion  hereafter  created  within  the 
County  of  Cook  having  territory  cov¬ 
ering  the.  territory  of  the  City  of 
Chicago  or  any  part  thereof  shall  be 
allowed  to  become  indebted  otherwise 
than  to  the  extent  of  its  current  an¬ 
nual  revenues. 

Section  17.  Subject  to  sections  8, 
9,  10,  11  and  12  of  the  revenue  arti¬ 
cle,  the  General  Assembly  shall  have 
power  to  permit  the  City  of  Chicago 
after  the  consolidation  with  said  city 
of  all  of  the  municipal  corporations 
lying  wholly  or  partly  within  said 
city,  to  become  indebted  to  an  amount 
to  be  fixed  by  it  in  the  aggregate  ex¬ 
ceeding  the  limit  prescribed  by  this 
Constitution,  but  such  action  of  the 
General  Assembly  shall  not  become 
effective  until  approved  by  an  ordi¬ 
nance  of  the  legislative  authority  of 
the  city  agreed  to  by  two-thirds  vote 
of  its  full  membership  and  by  a  fa¬ 
vorable  vote  of  three-fifths  of  the  vot¬ 
ers  of  the  city  voting  upon  the  ques¬ 
tion. 

Such  an  ordinance  shall  not  be 
adopted  oftener  than  once  in  ten 
years  and  the  maximum  limit  of  in¬ 
debtedness,  when  so  extended,  shall 
never  exceed  10  per  cent  of  the  full 
value  of  the  taxable  property  within 
the  corporate  limits  of  the  City  of 
Chicago  as  ascertained  by  the  last 
assessment  for  State  and  county 
taxes. 

Such  an  ordinance  if  rejected  shall 
not  he  resubmitted  within  two  years 
from  the  date  of  such  original  sub¬ 
mission. 

The  limit  of  special  indebtedness 
made  possible  under  sections  9,  10 
and  11  of  the  revenue  article  shall  in 
no  case  be  increased  under  the  pro¬ 
visions  of  this  section. 


[May  2, 

nereafter  have  its  indebtedness  in¬ 
creased  without  the  city’s  consent. 

Section  15%.  The  City  of  Chicago 
shall  incur  no  new  bonded  indebted¬ 
ness  (except  for  refunding  purposes) 
without  the  approval  at  an  election 
of  a  majority  of  those  voting  on  the 
question. 

Section  16.  No  municipal  corpora¬ 
tion  hereafter  created  covering  any 
part  of  the  territory  of  the  City  of 
Chicago  shall  become  indebted  be¬ 
yond  the  amount  of  its  current  an¬ 
nual  revenues. 


Section  17.  After  consolidation 
with  the  City  of  Chicago  of  all  local 
authorities  (other  than  the  County 
of  Cook)  lying  wholly  or  partly  with¬ 
in  the  city,  the  General  Assembly 
may  authorize  the  city  to  become 
indebted,  in  addition  to  the  debt  limit 
prescribed  elsewhere  in  this  Consti¬ 
tution,  up  to  10  per  cent  of  the  full 
value  of  all  taxable  property  in  the 
city  as  ascertained  by  the  last  assess¬ 
ment  for  State  and  county  taxes  Any 
increase  of  the  debt  limit  authorized 
by  this  section  shall  further  require 
an  ordinance  passed  by  two-thirds  of 
those  elected  to  the  Legislative  Au¬ 
thority  of  the  City  and  approved  at 
an  election  by  three-fifths  of  those 
voting  on  the  question.  No  such  in¬ 
crease  shall  be  authorized  oftener 
than  once  in  ten  years  and  the  ap¬ 
proving  ordinance  if  rejected  at  the 
election  shall  not  be  resubmitted 
within  two  years. 


Respectfully  submitted, 

Elam  L.  Clarke,  Chairman, 
Thos.  Rinaker, 

Charles  B.  T.  Moore, 

George  A.  Barr, 

Edward  H.  Brewster. 


\ 


1922.] 


CONSTITUTIONAL  CONVENTION. 


657 


The  report  of  the  Committee  was  ordered  printed  and  the  proposal 

placed  on  the  order  of  second  reading. 

Mr.  Carlstrom  gave  notice  that  on  the  next  Convention  day  he 
wonld  move  to  reconsider  the  vote  by  which  Pepoit  No.  14  had  failed  to 

^  Mr.  Mayer  moved  to  reconsider  the  vote  by  which  section  8,  of  Ke- 
port  No.  15  was  adopted,  and  that  further  consideration  of  the  motion 
to  reconsider  be  postponed. 

And  the  motion  was  lost. 

Mr.  Hamill  moved  to  lay  the  motion  to  reconsider  on  the  table. 
And  the  motion  prevailed. 

Mr.  Mack  offered  the  following  amendment  to  Pule  29,  which  was 

ordered  to  lie  on  the  table  until  tomorrow : 

Amend  Rule  29  of  this  Convention  so  that  the  same  reads  as  follows: 

“No  delegate  shall  speak  more  than  once  nor  more  than  ten  minutes  on 
the  same  question  without  leave  of  the  Convention  unless  he  be  the  mover  of 
the  matter  pending  or  chairman  of  the  committee  which  reported  the  same 
in  which  case  he  shall  he  privileged  to  close  the  debate  eyen  though  he  may 
have  already,  spoken  or  the  previous  question  have  been  oraered  but  m 
closing  said  debate  not  more  than  five  minutes  shall  be  occupied. 

The  Convention  proceeding  npon  the  consideration  of  Report  No. 
18,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Judi¬ 
cial  Department,  the  same  was  again  taken  up. 

Whereupon  Mr.  DeYoung  moved  that  the  report  of  the  Committee 
of  the  Whole  be  substituted  in  its  entirety  for  the  report  of  the  Com¬ 
mittee  on  Phraseology  and  Style. 

And  the  motion  prevailed. 

Section  1,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

up  and  read  at  large.  . 

Pending  discussion,  on  motion  of  Mr.  DeToung,  further  consideia- 

tion  of  section  1  was  postponed. 

Section  2,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

up  and  read  at  large.  '  _  ,  , ,  * 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  tor 

section  2,  and  moved  its  adoption ; 

Amend  section  2  by  substituting  therefor  the  following: 

“Section  2.  The  power  to  prescribe  rules  of  pleading,  practice  anc  p r  - 
cedure  shall  be  vested  exclusively  in  the  courts;  provided,  that  the  General 
Assembly  may,  by  special  law  limited  to  that-  purpose,  set  aside  or  abrogate 

any  rule  prescribed  by  any  court. 

And  the  substitute  for  section  2  was  adopted.  . 

The  question  then  being  on  the  adoption  of  section  2,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows;  Yeas,  79;  nays,  1. 


—42  C  J 


658 


JOURNAL  OF  THE 


[May  2, 


Those  voting  in  the  affirmative  are 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 

Cutting 

Davis 

Dawes 


De  Young 

Dietz 

Dryer 

Dunlap 

Dupee,  E.  H, 

Dupuy,  G.  A. 

Elting 

Fifer 

Gale 

Ganschow 

Garrett 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 


Hogan 

Hollenbeck 

Hull 

Iarussi 

Jack 

Jarman 

Johnson,  L.  C. 

Johnson,  W.  A. 

Kerrick 

Kunde 

Latchford 

Lill 

Lindly 

Mack 

Mayer 

McEwen 


Messrs. 

McGuire 

Michal 

Mighell 

Miller 

Mills 

Moore 

Morris 

Nichols 

O’Brien 

Paddock 

Parker 

Pinnell 

Quinn 

Revell 

Rinaker 

Rosenberg 


Shanahan 

Shuey 

Smith 

Sneed 

Stahl 

Sutherland 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Wilson 

Wolff 

Woodward 

Mr.  President 

Yeas — 79. 


Those  voting  in  the  negative  are:  Messrs. 

Taff  ^  Nays — 1. 

Section  2,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Pule  20. 
Section  3,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 


up  and  read  at  large. 

Pending  roll  call  Mr.  DeYoung  moved  that  further  consideration 
of  section  3  be  postponed. 

And  the  motion  prevailed. 

Section  4,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 

section  4,  and  moved  its  adoption : 

Amend  section  4  by  substituting  therefor  as  follows: 

“Section  4.  The  Supreme  Court  shall  sit  at  the  seat  of  government  of 
the  State  and  shall  hold  such  sessions  as  may  be  necessary  for  the  prompt 
and  proper  transaction  of  the  business  which  may  come  before  it.” 

And  the  substitute  for  section  4  was  adopted. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop¬ 


tion  : 


Amendment  No.  1. 

Amend  section  4,  as  amended,  by  striking  out  all  of  the  section  after 
the  word  “State”  in  line  2. 

And  the  amendment  was  lost. 

Mr.  Mayer  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  2. 

Amend  section  4,  as  amended,  by  striking  out  the  words  “such  as  may  be 
necessary”  and  inserting  in  lieu  thereof  the  words,  at  least  fi\e  sessions 
annually.” 

And  the  amendment  was  lost. 

Mr.  Taff  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  3. 

Amend  section  4.  as  amended,  by  substituting  therefor  the  first  sentence 
of  section  4,  of  the  report  of  the  Committee  on  Phraseology  and  Style. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


659 


And  the  amendment  was  lost. 

Mr.  DeYoung  moved  to  reconsider  the  vote  by  which  Amendment 
No.  1,  offered  by  Mr.  Hamill,  was  lost. 

The  motion  prevailed. 

And  Amendment  No.  1  was  again  taken  up. 

The  question  being  on  the  adoption  of  Amendment  No.  1,  it  was 
decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  section  4,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  83 ;  nays,  0. 
Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Dietz 

Hollenbeck 

Michal 

Smith 

Adamkiewicz 

Dryer 

Hull 

Mighell 

Sneed 

Barr 

Dunlap 

Iarussi 

Miller 

Stahl 

Beckman 

Dupee,  E.  H. 

Ireland 

Mills 

Sutherland 

Brandon 

Dupuy,  G.  A. 

Jack 

Moore 

Taff 

Brenholt 

Elting 

Jarman 

Morris 

Tebbens 

Brewster 

Fifer 

Johnson,  L.  C. 

Nichols 

Torrance 

Carlstrom 

Gale 

Johnson,  W.  A. 

O’Brien 

Traeger 

Catron 

Ganschow 

Kerrick 

Paddock 

Trautmann 

xChew 

Garretts 

Kunde 

Parker 

Wall 

Clarke 

Gee 

Latchford 

Pinnell 

Warren 

Coolley 

Gilbert 

Lill 

Quinn 

Wilson 

Corlett 

•  Goodyear 

Lindly 

Revell 

Wolff 

Cruden 

Gray 

Mack 

Panaker 

Woodward 

Cutting; 

Green 

Mayer 

Rosenberg 

Mr.  President 

Dawes 

Hamill 

McEwen 

Shanahan 

Yeas — 8 

De  Young 

Hogan 

McGuire 

Shuey 

Nays — 1 

Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Rule  20. 

By  unanimous  consent,  on  motion  of  Mr.  DeYoung,  consideration 
of  sections  5,  6  and  7,  of  the  report  of  the  Committee  of  the  Whole,  was 
postponed. 

Section  8,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  Taff  moved  that  section  3,  of  the  report  of  the 
Committee  on  Phraseology  and  Style,  be  substituted  for  section  8,  of  the 
report  of  the  Committee  of  the  Whole. 

And  the  motion  prevailed. 

Pending  roll  call,  on  motion  of  Mr.  Cutting,  further  consideration 
of  section  8  was  postponed. 

Section  9,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  77 ;  nays,  0. 


660 


JOURNAL  OF  THE 


[May  2, 


Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Dietz 

Hull 

Mighell 

Sneed 

Adamkiewicz 

Dryer 

Iarussi 

Miller 

Stahl 

Barr 

Dunlap 

Jack 

Mills 

Sutherland 

Beckman 

Dupee,  E.  H. 

Jarman 

Moore 

Taff 

Brandon 

Dupuy,  G.  A. 

Johnson,  D.  C. 

Morris 

Tebbens 

Brenholt 

El  ting 

Johnson,  W.  A. 

Nichols 

Torrance 

Brewster 

Fifer 

Kerrick 

Parker 

Traeger 

Carlstrom 

Gale 

Latchford 

Pinnell 

Trautmann 

Catron 

Ganschow 

Lill 

Quinn 

Wall 

Chew 

Garretti 

Lindly 

Revell 

Warren 

Clarke 

Gee 

Mack 

Rinaker 

Wilson 

Coolley 

Gilbert 

Mayer 

Rosenberg 

Wolff 

Corlett 

Goodyear  . 

McEwen 

Shanahan 

Woodward 

Cutting 

Gray 

McGuire 

Shuey 

Mr.  President 

Dawes 

De  Young 

Hamill 

Hollenbeck 

Michal 

Smith 

Yeas — 
Nays- 

Section  9,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Rule  20. 

Section  10,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 

section  10,  and  moved  its  adoption: 

Amend  section  10  by  substituting  therefor  the  following: 

“Section  10.  There  shall  he  four  Appellate  Courts  of  uniform  jurisdic¬ 
tion  which  shall  be  known  respectively  as  the  Appellate  Court  for  the  First 
District,  the  Appellate  Court  for  the  Second  District,  the  Appellate  Court  for 
the  Third  District  and  the  Appellate  Court  for  the  Fourth  District.  Said 
districts  shall  remain  as  now  constituted,  and  said  courts  shall  sit  at  the 
respective  places  now  fixed,  until  otherwise  provided  by  law.  Each  of  said 
Appellate  Courts  shall  consist  of  three  judges  and  shall  have  such  number 
of  branches  of  three  judges  each,  as  the  Supreme  Court  may  from  time  to 
time  determine.  Such  branch  courts  shall  have  the  same  jurisdiction,  powers 
and  duties  as,  and  the  judges  thereof  the  same  qualifications  as  the  judges 
of,  the  Appellate  Courts.  Said  courts  and  branches  shall  sit  as  may  be 
directed  by  the  Supreme  Court.” 

And  the  substitute  for  section  10  was  adopted. 

Mr.  Taff  moved  that  further  consideration  of  section  10  be  post 

poned. 

And  the  motion  was  lost. 

Pending  further  consideration,  at  the  hour  of  5  :50  o’clock  p.  mv 
Mr.  Miller  moved  that  the  Convention  do  now  adjourn  until  9  :00  o’clock 

a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


661 


WEDNESDAY,  MAY  3,  1922,  9:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  Lewis  B.  Landreth,  of  the  Immacu¬ 
late  Conception  Church,  of  Carthage. 

The  Journal  of  Monday,  May  1st,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken 
up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25th,  the  Secre¬ 
tary  called  the  roll  of  the  Convention,  which  resulted  as  follows :  Pres¬ 
ent,  84. 

Those  voting  present  are:  Messrs. 


Adams 

De  Young 

Hollenbeck 

Michal 

Shuey 

Adamkiewicz 

Dietz 

Hull 

Mighell 

Six 

Barr 

Dryer 

Iarussi 

Miller 

Smith 

Beckman 

Dunlap 

Ireland 

Mills 

Sneed 

Brandon 

Dupee,  E.  H. 

Jack 

Moore 

Stahl 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Morris 

Sutherland 

Brewster 

F'ifer 

Johnson,  L.  C. 

Nichols 

Taff 

Carlstrom 

Gale 

Kerrick 

O’Brien 

Tebbens 

Catron 

Ganschow 

Kunde 

Paddock 

Torrance 

Chew 

Garrett 

Latchford 

Parker 

Traeger 

Clarke 

Gee 

mm 

Pincus 

Trautmann 

Coolley 

Gilbert 

Lindly 

Pinnell 

Wall 

Corlett 

Goodyear 

Mack 

Quinn 

Warren 

Cruden 

Gray 

Mayer 

Revell 

Wilson 

Cutting 

Green 

McEwen 

Rinaker 

Woodward 

Davis 

Hamill 

McGuire 

Rosenberg 

Mr.  President 

Dawes 

Hogan 

Meinert 

Shanahan 

Present — 

By  unanimous  consent  Mr.  Elting  was  excused  from  attendance  at 
the  sessions  of  the  Convention  today. 

By  unanimous  consent  Mr.  W.  A.  Johnson  was  excused  from  attend¬ 
ance  at  the  sessions  of  the  Convention  today. 

Mr.  Carlstrom,  in  accordance  with  his  notice  of  yesterday,  moved 
to  reconsider  the  vote  by  which  Report  No.  14,  of  the  Committee  on 
Phraseology  and  Style,  had  failed  to  pass,  and  that  further  considera¬ 
tion  of  the  motion  to  reconsider  be  postponed. 

And  the  motion  prevailed. 

The  President  called  up  the  amendment  to  Rule  29,  offered  by  Mr. 
Mack  on  yesterday. 

Pending  discussion  Mr.  Sutherland  moved  the  previous  question. 

And  the  question  being,  “Shall  the  main  question  be  now  put?” 
it  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  amendment  to  Rule 
29,  a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  59;  nays,  14. 


662 


JOURNAL  OF  THE 


[May  3, 


Those 

voting  in  the 

affirmative  are: 

Adams 

Gale 

Ireland 

Barr 

Ganschow 

Jack 

Brandon 

Garrett 

J  arman 

Brenholt 

Gee 

Johnson,  Li.  C. 

Carlstrom 

Gilbert 

Kunde 

Chew 

Goodyear 

Latchford 

Clarke 

Gray 

Mack 

Davis 

Green 

McGuire 

Dawes 

Hamill 

Meinert 

Dietz 

Hogan 

Mighell 

Dryer 

Hollenbeck 

Miller 

Du'pee,  E.  H. 

Iarussi 

Mills 

Messrs. 

Moore 

Morris 

Nichols 

O’Brien 

Paddock 

Parker 

Pinnell 

Quinn 

Revell 

Rosenberg 

Shanahan 

Shuey 


Six 

Stahl 

Sutherland 

Taff 

Tebbens 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas— 59. 


Adamkiewicz 
Brewster 
Corlett 


Cutting 
De  Young 
Dunlap 


Dupuy,  G.  A.  Mayer  Rinaker 

Flfer  McEwen  Torrance 

L  Hull  Pincus  Nays — 14. 

The  amendment,  having  received  the  votes  of  a  majority  of  the 

Delegates  elected,  was  adopted.  . 

Mr.  Brandon  moved  to  reconsider  the  vote  by  which  section  9,  of 

Beport  No.  18,  was  adopted  on  yesterday. 

And  the  motion  prevailed. 

Whereupon  Mr.  Brandon  moved  that  further  consideration  of  sec¬ 
tion  9  be  postponed. 

And  the  motion  prevailed. 

The  pending  question  at  the  hour  of  adjournment  on  yesterday 
being  the  consideration  of  section  10,  of  Beport  No.  18,  the  same  was 

again  taken  up.  .  ,  .  * 

Pending  discussion,  by  unanimous  consent,  further  consideration  ol 

section  10  was  postponed.  . 

By  unanimous  consent,  consideration  of  sections  11  and  12,  ol 

report  of  the  Committee  of  the  Whole,  was  postponed. 

Section  13,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

up  and  read  at  large.  ,  j. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 

section  13,  and  moved  its  adoption : 

Amend  section  13  by  substituting  therefor  the  following: 

“Section  13.  The  judges  of  the  Appellate  Court  and  branch  or  branches, 
if  any  for  each  district,  shall  appoint  a  clerk  of  the  court  for  such  district, 
who  shall  hold  his  office  for  six  years,  subject  to  removal  by  said  judges 

And  the  substitute  for  section  13  was  adopted. 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption: 

Amendment  No.  4. 

Amend  section  13  of  the  Judicial  Article  by  adding  thereto  the  follow- 

in§  “Provided  that  the  Appellate  Clerks  holding  office  at  the  time  this 
Constitution  goes  into  effect  shall  hold  office  until  the  expiration  of  the 
terms  of  office  to  which  they  have  been  elected. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  13,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  62;  nays,  15. 


1922.] 


CONSTITUTIONAL  CO NVENTION . 


G63 


Those  voting  in  the  affirmative  are : 


Adams 

Barr 

Brewster 

Carlstrom 

Catron 

Chew 

Clarke 

Corlett 

Cruden 

Cutting 

Davis 

Dawes 


Dryer 

Dunlap 

Dupuy,  G.  A. 

Fifer 

Gale 

Garrett 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 

Hollenbeck 


Hull 

Ireland 

Jack 

Jarman 

Johnson,  L.  C. 

Kerrick 

Lill 

Lindly 

Mack 

Mayer 

McEwen 

McGuire 


Messrs. 

Mig'hell 
Miller 
Mills 
Moore 
Nichols 
Paddock 
Parker 
Pinnell 
Revell 
Rinaker 
Shanahan 
Shuey 

Messrs. 

O’Brien 

Pincus 

Rosenberg 


Six 

Smith 

Stahl 

Sutherland 

Taff 

Torrance 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 62. 


Tebbens 

Traeger 


De  Young 

Those  voting  in  the  negative  are: 

Adamkiewicz  Dietz  Kunde 

Brandon  Ganschow  Datchlord 

Brenholt  Iarussi  Michal  - - -  Nays— 15. 

Section  13.,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  t  re 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Mule  20. 
Section  14,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

up  and  read  at  large.  n  A 

Whereupon  Mr.  DeYoung  offered  the  following  amendment  and 

moved  its  adoption : 


Amendment  No.  5. 


i 


Amend .  section  14  by  striking  out  the  words  and  figures  “May  A.  D. 
1922”  and  inserting  in  lieu  thereof  the  words  and  figures  November  A.  D.. 

1927.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  14,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  SO;  nays,  0. 
Those  voting  in  the  affirmative  are:  Messrs. 

Dietz  Iarussi 

Dryer  Ireland 

Jack 


Adams 

Adamkiewicz 

Barr 

Brandon 

Brenholt 

Brewster 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 

Cruden 

Cutting 

Davis 

Dawes 


Dunlap 
Dupuy,  G.  A. 
Fifer 
Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 

Hollenbeck 


Jarman 

Johnson,  L.  C. 

Kerrick 

Kunde 

Latchford 

Lill 

Lindly 

Mack 

Mayer 

McEwen 

McGuire 

Michal 

Mighell 


Miller 

Mills 

Moore 

Morris 

Nichols 

O’Brien 

Paddock 

Parker 

Pincus 

Pinnell 

Quinn 

Revell 

Rinaker 

Rosenberg 

Shanahan 

Shuey 


Six 

Smith 

Sneed 

.Stahl 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Y  eas — 80. 

Nays — 0. 


Section  14,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 
Section  15,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 

section  15,  and  moved  its  adoption : 

Amend  section  15  by  substituting  therefor  the  following: 

“Section  15.  The  Circuit  Courts,  other  than  the  Circuit  Court  ot  Cook 
County,  shall  have  original  jurisdiction  of  all  causes  at  law  and  in  equity, 
and  such  other  jurisdiction  as  is  or  may  be  provided  by  law.” 


664 


JOURNAL  OF  THE 


[May  3, 


And  the  substitute  for  section  15  was  adopted.  _ 

The  question  then  being  on  the  adoption  of  section  3  5,  as  amended, 

0  • 


a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  79;  nays 


Those  voting  in  the  affirmative  are: 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 

Cruden 

Cutting 

Dawes 


De  Young 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Fifer 

Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 


Iarussi 
Ireland 
Jack 
Jarman 
Johnson,  L.  C. 
Kerrick 
Kunde 
Latchford 
Lill 
Lindly 
Mack 
Mayer 
McEwen 
McGuire 
Michal 
Mighell 


Messrs. 

Miller 

Mills 

Moore 

Morris 

Nichols 

O'Brien 

Paddock 

Parker 

Pincus 

Pinnell 

Quinn 

Revell 

Rinaker 

Rosenberg 

Shanahan 

Shuey 


Six 

Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

W arren 

Wilson 

Woodward 

Mr.  President 

Yeas — 79. 

Nays — 0. 


Section  15,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  b}  Pule  . 
Section  16,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

up  a^dR^e ^^gtton  being  on  the  adoption  of  the  section,  a  call  of  the 

roll  was  had,  resulting  as  follows:  Yeas,  79;  nays,  0 
Those  voting  in  the  affirmative  are: 


Messrs. 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 
Cutting 
Davis 


'd 
Dawes 
De  Y'oung 
Dietz 
Dryer 
Dunlap 
Dupuy,  G.  A. 
Fifer 
Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 


Hogan 
Hollenbeck 
Hull 
Iarussi 
Ireland 
Jack 
Jarman 
Johnson,  L.  C. 
Kerrick 
Kunde 
Latchford 
Lill 
Lindly 
Mack 
Mayer 
McEwen 


McGuire 

Michal 

Mighell 

Miller 

Mills 

Moore 

Morris 

Nichols 

O’Brien 

Paddock 

Pinnell 

Revell 

Rinaker 

Rosenberg 

Shanahan 

Shuey 


Six 

Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

W  arren 

Wilson 

Woodward 

Mr.  President 

Yeas — 79. 

Nays — 0. 


Section  16.  having  received  the  votes  of  a  majority  of  the  Delegates 
elected  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 

Committee  on  Phraseology  and  Style  for  action,  as  ws  laken 

Section  IT,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

up  and  read  aUarge.  ^  ^  ^  adoptk)I1  of  the  section,  a  call  of  the 

roll  was  had,  resulting  as  follows :  Yeas,  80 ;  na}  s,  . 


1922.] 


CONSTITUTIONAL  CONVENTION. 


665 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 

Cutting 

Davis 

Dawes 

De  Young 


ng  in  the 

affirmative  are : 

Messrs. 

Dietz 

Hull 

Michal 

Shuey 

Dryer 

Iarussi 

Mighell 

Six 

Dunlap 

Ireland 

Miller 

Smith 

Dupuy,  G.  A. 

Jack 

Mills 

Sneed 

Fifer 

Jarman 

Moore 

Stahl 

Gale 

Johnson,  L.  C. 

Morris 

Sutherland 

Ganschow 

Kerrick 

Nichols 

Taff 

Garrett 

Kunde 

O’Brien 

Torrance 

Gee 

Latchford 

Paddock 

Traeger 

Gilbert 

Lill 

Parker 

Trautmann 

Goodyear 

Lindly 

Pinnell 

Wall 

Gray 

Mack 

Quinn 

Warren 

Green 

Mayer 

Re  veil 

Wilson 

Hamill 

McEwen 

Rinaker 

Woodward 

Hogan 

McGuire 

Rosenberg 

Mr.  President 

Hollenbeck 

Meinert 

Shanahan 

Yeas — 
Nays— 

Section  17,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Section  IS,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  80 ;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Dietz 

Adamkiewicz 

Dryer 

Barr 

Dunlap 

Beckman 

Dupuy,  G.  A. 

Brandon 

Fifer 

Brenholt 

Gale 

Brewster 

Ganschow 

Carlstrom 

Garrett 

Catron 

Gee 

Chew 

Gilbert 

Clarke 

Goodyear 

Cooliey 

Gray 

Corlett 

Green 

Cutting 

Hamill 

Davis 

Hogan 

Dawes 

Hollenbeck 

De  Young 

Hull 

Michal 

Iarussi 

Mighell 

Ireland 

Miller 

Jack 

Mills 

Jarman 

Moore 

Johnson,  L.  C. 

Morris 

Kerrick 

Nichols 

Kunde 

O’Brien 

Latchford 

Paddock 

Lill 

Parker 

Lindly 

Pinnell 

Mack 

Quinn 

Mayer 

Revell 

McEwen 

Rinaker 

McGuire 

Rosenberg 

Meinert 

Shanahan 

Shuey 

Six 

Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 80. 
Nays — 0. 


Section  18,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 
Section  19,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

up  and  read  at  large.  . 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 


section  19,  and  moved  its  adoption: 

Amend  section  19  by  substituting  therefor  the  following: 

“Section  19.  The  Circuit  Court  shall  sit  at  the  county  seat  of  each 
county  and,  outside  of  Cook  County,  in  all  cities  other  than  count\  seats, 
which  have  a  population  exceeding  fifty  thousand  inhabitants.  The  pudges 
of  the  circuit,  or  a  majority  of  them,  may  provide  for  holding  sessions  of 
said  court  in  any  city  or  part  of  a  city,  within  the  circuit,  which  is  not  a 
county  seat  or  part  thereof,  whose  population  exceeds  five  thousand.  All 
such  cities,  other  than  county  seats,  shall  provide  suitable  quarters  for 
holding  court,  without  expense  to  the  county  or  the  State.” 


And  the  substitute  for  section  19  was  adopted. 

Mr.  Green  offered  the  following  amendment  and  moved  its  adop¬ 


tion  : 


666 


JOURNAL  OF  THE 


[May  3, 


Amendment  No.  6. 

Amend  section  19,  as  amended,  by  striking  out  of  the  last  sentence  there¬ 
of  the  following:  “without  expense  to  the  county  or  the  State.” 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  19,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  lreas,  80;  nays,  1. 


Those 

voting  in  the  affirmative  are : 

Messrs. 

Adams 

Dawes 

Hogan 

Meinert 

Rosenberg 

Adamkiewicz 

De  Young 

Hull 

Michal 

Shanahan 

Barr 

Dietz 

Iarussi 

Mighell 

Shuey 

Beckman 

Dryer  y 

Ireland 

Miller 

Six 

Brandon 

Dunlap 

Jack 

Mills 

Smith 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Moore 

Sneed 

Brewster 

F'ifer 

Johnson,  L.  C. 

Morris 

Stahl 

Carlstrom 

Gale 

Kerrick 

Nichols 

Sutherland 

Catron 

Ganschow 

Kunde 

O’Brien 

Taff 

Chew 

Garrett 

Latchford 

Paddock 

Tebbens 

Clarke 

Gee 

Lill 

Parker 

Torrance 

Coolley 

Gilbert 

Lindly 

Pincus 

Traeger 

Corlett 

Goodyear 

Mack 

Pinnell 

Trautmann 

Cruden 

Gray 

Mayer 

Quinn 

Wall 

Cutting 

Green 

McEwen 

Revell 

Woodward 

Davis 

Hamill 

McGuire 

Rinaker 

Mr.  President 

Yeas — 80. 

Those  voting  in  the  negative  are :  Messrs. 

Hollenbeck  Nays — 1. 

Section  19,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Mr.  Green  gave  notice  that  on  the  next  Convention  day  he  would 
move  to  reconsider  the  vote  by  which  section  19  was  adopted. 

Section  20,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  20,  and  moved  its  adoption : 

Amend  section  20  by  substituting  therefor  the  following: 

“Section  20.  The  County  Court  of  each  county,  other  than  Cook,  is 
hereby  continued  and  on  the  first  Monday  of  December  A.  D.  1923,  the 
County  and  Probate  Courts  in  each  county,  other  than  Cook,  where  both 
courts  exist,  shall  be  consolidated  into  one  court  of  record  to  be  known 
as  the  County  Court.” 

And  the  substitute  for  section  20  was  adopted. 

The  question  then  being  on  the  adoption  of  section  20,  as  amended. 


a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  83 ;  nays,  0. 


Those 

voting  in  the 

affirmative  are : 

Messrs. 

Adams 

De  Young 

Hull 

Mighell 

Six 

Adamkiewicz 

Dietz 

Iarussi 

Miller 

Smith 

Barr 

Dryer 

Ireland 

Mills 

Sneed 

Beckman 

Dunlap 

Jack 

Moore 

Stahl 

Brandon 

Dupuy,  G.  A. 

Jarman 

Morris 

Sutherland 

Brenholt 

F'ifer 

Johnson,  L.  C. 

Nichols 

Taff 

Brewster 

Gale 

Kerrick 

O’Brien 

Tebbens 

Carlstrom 

Ganschow 

Kunde 

Paddock 

Torrance 

Catron 

Garrett 

Latchford 

Parker 

Traeger 

Chew 

Gee 

Lill 

Pincus 

Trautmann 

Clarke 

Gilbert 

Lindly 

Pinnell 

Wall 

Coolley 

Goodyear 

Mack 

Quinn 

Warren 

Corlett 

Gray 

Mayer 

Revell 

Wilson 

Cruden 

Green 

McEwen 

Rinaker 

Woodward 

Cutting 

Hamill 

McGuire 

Rosenberg 

Mr.  President 

Davis 

Hogan 

Meinert 

Shanahan 

Yeas — 83. 

Dawes 

Hollenbeck 

Michal 

Shuey 

Nays — 0. 

1922.] 


CONSTITUTIONAL  CONVENTION. 


667 


Section  20,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  t 

Committee  on  Phraseology  and  Style  for  action,  as wm  teS 
Section  21,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

UP  "whereupon  Mr  .^DeYoung  offered  the  following  as  a  substitute  for 
qppfion  21  and  moved  its  adoption: 

Amenct  section  21  ,y  —  tin,  of  ai,  mat- 

ters  o^prhbate*.  g^rardianshiin^onservatorshm  ^nd 

ministration  and  settlement  of  estates  otjgaugA  concurrent  juris- 

for  the  sale  of  real  estate  1  testamentary  trusts,  construction  of  wills 
diction  with  the  Circuit  Gomts  ,  ,  ttie  settlement  of  estates; 

and  partition  of  real  estate  where  ents  and  for  the  collection 

all  proceedings  relating  to  taxes  "  from  justices  of  peace;  criminal 

■■  >•  -  ~ 

provided  by  general  law. 

And  the  substitute  for  section  21  was  adopted. 

Mr.  Adams  offered  the  following  amendment  and  moved  its  adop- 


tion : 


Amendment  No.  7. 


Amend  section  21  by  striking  therefrom  the  word  '‘exclusive"  where  it 
last  appears  in  the  section. 

And  the  amendment  was  lost.  <• 

Mr.  Gee  ofEered  the  following  amendment  and  moved  its  adoption. 

Amendment  No.  8. 

wordAsme ‘‘commo°nnial  ca^s^^'confraciu  where  Uie  sum' Involved  does  not 
exceed  two  thousand  dollars  exclusive  of  interest  and  costs. 

Anri  the  amendment  was  lost.  .  . 

The  question  then  being  on  the  adoption  of  sectional,  as  amended, 


X  HvJ  M  UCO  t Iv J-J.  O  _  ,  ,  a  ^ 

a  call  of  the  roll  was  had,  resulting  as  follows :  leas, 
Those  voting  in  the  affirmative  are:  Messrs. 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 
Cutting 
Davis 


Dawes 
De  Young 
Dietz 
Dryer 
Dunlap 
Fifer 
Gale 

Ganschow 

Garrett 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 

Hollenbeck 


Hull 
Iarussi 
Ireland 
Jack 
J  arman 
Johnson,  L.  C. 
Kerrick 
Kunde 
Datchford 
Lill 
Mack 
Mayer 
McEwen 
McGuire 
Meinert 
Michal 


Those  voting  in  the  negative  are: 


Gee 


Answering  present  but  not  voting . 
Dupuy,  G.  A. 


Mighell 

Miller 

Mills 

Moore 

Morris 

Nichols 

O’Brien 

Paddock 

Parker 

Pincus 

Pinnell 

Quinn 

Rinaker 

Rosenberg 

Shanahan 

Shuey 

Messrs. 

Mr. 


Six 

Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 79. 


Nays — 1. 


Present — 1. 


668 


JOURNAL  OF  THE 


[May  3, 


Section  21,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  tor  action,  as  promded  bj  Pule  20. 

At  the  hour  of  12:40  o’clock  p.  m.,  Mr.  Cutting  moved  that  the 
Convention  do  now  take  a  recess  until  2  :00  o  clock  p.  m. 

And  the  motion  prevailed. 


2  :00  o'Clock  P.  M. 


The  hour  of  2:00  o’clock  p.  m.  having  arrived,  the  Convention 

resumed  its  session. 

The  President  presiding. 

Section  22,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 

section  22,  and  moved  its  adoption: 

Amend  section  22  by  substituting  therefor  the  following: 

“Section  22.  The  judges  of  the  County  and  Probate  Courts  in  counties 
other  than  Cook,  in  office  on  the  first  Monday  of  December,  A.  D.  1923  sha11 
be  judges  of  said  consolidated  court,  and  shall  continue  to  hold  office  ouring 
the  terms  for  which  they  were  elected,  and  until  their  successors  are  electea 
and  shall  qualify.  The  term  of  office  of  judges  of  County  Courts  elected 
after  the  year  A.  D.  1922,  other  than  judges  elected  or  appointed  to  fill  un¬ 
expired  terms,  shall  be  six  years  from  the  day  of  their  election.  At  the 
annual  election  in  November  A.  D.  1927,  and  at  the  annual  election  every  six 
vears  thereafter,  in  counties  other  than  Cook,  there  shall  be  elected  in  and 
for  each  county  one  judge  of  the  County  Court  and  an  additional  judse  foi 
everv  fifty  thousand  inhabitants  therein,  or  major  portion  thereof,  above  a 
population  of  fifty  thousand.  But  the  General  Assembly  may  create  districts 
of  two  or  more  contiguous  counties,  in  each  of  vhich  distiicts  snail  be 
elected  one  judge  who  shall  take  the  place  and  exercise  the  powers  and 
jurisdiction  of  judges  of  the  County  Courts  in  such  districts. 

And  the  substitute  for  section  22  was  adopted. 

Mr.  Stahl  moved  to  amend  section  22,  as  amended,  by  striking  out 
the  word  “six”  -and  substituting  therefor  the  word  “four.” 

And  the  motion  was  lost. 

The  cjuestion  then  being  on  the  adoption  of  section  22,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  73;  nays,  5. 

Messrs. 


Those  voting  in  the  affirmative  are: 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Chew 
Clarke 
Corlett 
Cruden 
Cutting 
Davis 
Dawes 


De  Young 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 


Hollenbeck 

Hull 

Iarussi 

Ireland 

Jack 

Johnson,  L.  C. 
Kunde 
Latchford 
Lill 
Lindly 
Mack 
Mayer 
McEwen 
McGuire 
Meinert 


Michal 

Mighell 

Miller 

Moore 

Morris 

Nichols 

O’Brien 

Paddock 

Pincus 

Quinn 

Revell 

Rlnaker 

Rosenberg 

Shuey 


Six 

Smith 

Sneed 

Sutherland 

Taffi 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 73. 


Those  voting  in  the  negative  are: 


Coolley 


Jarman 


Kerrick 


Messrs. 

Mills 


Stahl 


Nays — 5. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


669 


Section  22,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 

Committee  on  Phraseology  and  Style  for  action,  ^ 

Section  23,  of  the  report  of  the  Committee  of  the  Whole,  was  take 

^  Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 

section  23,  and  moved  its  adoption .  . 

Amend  section  23  by  substituting  therefor  the  following: 

^Section  23.  The >  <££  sba™  jaunty 

Which  have  ’a°population  exceeding  twenty  thousand  inbabltan^  whene ver 
such  cities,  other  than  county  seats,  shall  provide  |ultable 0quntv  courts 
holding  court,  without  expense  to  the  county  or  the  sta‘e;, 
shall  always  be  open  for  the  transaction  of  business  and  the  first  ^n  y 
ol  each  month  shall  be  the  return  day  for  process  or  appeal  to  said  couits. 

And  the  substitute  for  section  23  was  adopted. 

The  question  then  being  on  the  adoption  of  section  2 o,  as  amende  , 
a  call  of  the  roll  was  had,  resulting  as  follows:  Teas,  <3;  na}h,  o. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adamkiewicz 
Barr 
Beckman 
Brenholt 
Brewster 
Carlstrom 
Catron 
Chew 
Clarke 
Corlett 
Cruden 
Cutting 
Davis 
Dawes 
De  Young 


Dietz 
Dryer 
Dunlap 
Dupuy,  G.  A. 
Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 

Hollenbeck 


Those  voting  in  the 


Hull 
Iarussi 
Ireland 
Jack 

Johnson,  L.  C. 
Kerrick 
Kunde 
Latchford 
Lill 
Lindly 
Mayer 
McEwen 
McGuire 
Meinert 
Michal 

negative  are 


Adams 


Brandon 


Mighell 
Miller 
Mills 
Moore 
Morris 
O’Brien 
Paddock 
Parker 
Pincus 
Pinnell 
Quinn 
Revell 
Rinaker 
Shanahan 

Messrs. 

Nichols 


Shuey 

Six 

Smith 

Sneed 

Stahl 

Sutherland 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Wilson 

Woodward 

Mr.  President 

Yeas — 73. 


Taff 


Coolley  Nays — 5. 

Section  23,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-Tefen-ed  to 

Committee  on  Phraseology  and  Style  for  action,  as  Pri Ah ftken 
Section  24,  of  the  report  of  the  Committee  of  the  W  hole,  u  as  taken 

up  read  Aestion  being  on  the  adoption  of  the  section,  a  call  of  the 

roll  was  had,  resulting  as  follows:  Yeas,  64;  nays,  10. 

Those  voting  in  the  affirmative  are:  Messrs. 

Adamkiewicz 
Barr 
Beckman 
Brenholt 
Carlstrom 


Catron 
Clarke 
Coolley 
Cruden 
Cutting 
Davis 
Dawes 
De  Young 


Dietz 
Dryer 
Dunlap 
Dupuy,  G. 
F*ifer 
Garrett 
Gilbert 
Goodyear 
Gray 
Green 
Hamill 
Hogan 
Hollenbeck 


Jack 
Johnson,  L.  C. 
Kerrick 
Kunde 
Latchford 


Lill 
Lindly 
Mack 
McEwen 
McGuire 
Meinert 
Michal 
Mighell 

Those  voting  in  the  negative  are 

Brewster  Gale  'I-riZiain 

Chew  Gee  Nichols 


Miller 
Mills 
Moore 
Morris 
O’Brien 
Paddock 
Parker 
Pincus 
Revel  1 
Rinaker 
Rosenberg 
Shanahan 
Shuey 

Messrs. 

Pinnell 

Stahl 


Six 

Smith 

Sneed 

Sutherland 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Wilson 

Woodward 

Mr.  President 

Yeas — 64. 


Taff 

Warren 

Nays — 10. 


670 


JOURNAL  OF  THE 


[May  3, 


Section  21,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Section  25,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had, 

resulting  as 

follows:  Yeas, 

81 ;  nays,  0. 

/  -  - — 

Those  v 

oting  in  the 

affirmative  are : 

Messrs. 

Adams 

De  Young1 

Iarussi 

Miller 

Six 

Adamkiewicz 

Dietz 

Jack 

Mills 

Smith 

Barr 

Dryer 

J  arman 

Moore 

Sneed 

Beckman 

Dunlap 

Johnson,  L.  C.  Morris 

Stahl 

Brandon 

Dupuy,  G.  A 

,  Kerrick 

Nichols 

Sutherland 

Brenholt 

Fifer 

Kunde 

O’Brien 

Taff 

Brewster 

Gale 

Latchford 

Paddock 

Tebbens 

Carlstrom 

Garrett 

Lill 

Parker 

Torrance 

Catron 

Gee 

Lindly 

Pincus 

Traeger 

Chew 

Gilbert 

Mack 

Pinnell 

Trautmann 

Clarke 

Goodyear 

Mayer 

Quinn 

Wall 

Coolley 

Gray 

McEwen 

Revel  1 

Warren 

Corlett 

Green 

McGuire 

Rinaker 

Wilson 

Cruden 

Hamill 

Meinert 

Rosenberg 

Woodward 

Cutting’ 

Hogan 

Michal 

Shanahan 

Mr.  President 

Davis 

Hollenbeck 

Mighell 

Shuey 

Yeas — 81. 

Dawes 

Hull 

Nays — 0. 

Section  25,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  St}'le  for  action,  as  provided  by  Pule  20. 

Section  10,  of  the  report  of  the  Committee  of  the  Whole,  was  again 
taken  up. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  10,  and  moved  its  adoption : 

Amend  section  10  by  substituting  therefor  the  following: 

“Section  10.  There  shall  be  four  Appellate  Courts  of  uniform  jurisdic¬ 
tion  which  shall  be  known  respectively  as  the  Appellate  Court  of  the  First 
District,  the  Appellate  Court  of  the  Second  District,  the  Appellate  Court  of 
the  Third  District,  and  the  Appellate  Court  of  the  Fourth  District.  Said 
districts  shall  remain  as  now  constituted  and  said  courts  shall  sit  at  the 
respective  places  now  fixed  until  otherwise  provided  by  law. 

“Each  of  said  Appellate  Courts  shall  consist  of  three  judges,  or  such 
multiple  of  three,  as  the  Supreme  Court  may  from  time  to  time  determine. 
In  courts  consisting  of  more  than  three  judges  the  Supreme  Court  may 
assign  the  judges  thereof  to  divisions  of  three  judges  each.  Each  division 
shall  select  a  presiding  judge  thereof  and  the  presiding  judges  shall  appor¬ 
tion  the  work  of  the  court  among  the  several  divisions  and  perform  such 
other  administrative  acts  as  may  be  necessary.  Said  courts  shall  hold  such 
sessions  as  may  be  directed  by  the  Supreme  Court.” 

And  the  substitute  for  section  10  was  adopted. 

The  question  then  being  on  the  adoption  of  section  10,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  76 ;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONVENTION . 


67 1 


Those  voting  in  the  affirmative  are: 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 
Cutting 
Davis 


Dawes 
De  Young 
Dietz 
Dryer 
Dunlap 
Dupuy,  G.  A. 
Fifer 
Gale 
Garrett 
Gee 
Gilbert 
Goodyear 
Gray 
Green 
Hamill 
Hogan 


Hollenbeck 
Iarussi 
Jack 
Jarman 
Johnson,  L.  C. 
Kerrick 
Latchford 
Lill 
Lindly 
Mack 
Mayer 
McEwen 
McGuire 
Meinert 
Michal 


Messrs. 

Mighell 

Miller 

Mills 

Moore 

Morris 

Nichols 

Paddock 

Parker 

Pincus 

Pinnell 

Quinn 

Revel  1 

Punaker 

Rosenberg 

Shanahan 


Shuey 

Six 

Sneed 

Stahl 

Sutherland 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 76. 

Nays — 0. 


Section  10,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  D. 
Section  8,  of  the  report  of  the  Committee  of  the  Y  hole,  was  again 

ta  \Vhereupon  Mr.  Cutting  offered  the  following  amendment  and 
moved  its  adoption: 

Amendment  No.  9. 

Amend  section  8  after  the  word  “of”  in  the  third  line  thereof  by  insert- 
ino-  the  words  “an  accumulation  of  business”  and  by  inserting  after  the  noid 
“removed”  in  the  last  line  of  the  section  the  words  “or  the  emergency  is 

past.” 

And  the  amendment  was  adopted.  _ 

The  question  then  being  on  the  adoption  of  section  8,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  78;  nays, 

Those  voting  in  the  affirmative  are:  Messrs. 

Dawes  Hull 

De  Young  Iarussi 

Dietz  J  ack 

Jarman 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 
Cutting 
Davis 


Dryer 

Dunlap 

Dupuy,  G.  A. 

Fifer 

Gale 

Garrett 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 


Johnson,  L.  C. 
Kerrick 
Kunde 
Latchford 
Lill 
Lindly 
Mack 
Mayer 
McEwen 
McGuire 
Meinert 
Mighell 


Gee 


Hogan 
Hollenbeck 

Those  voting  in  the  negative  are : 

Michal 


Miller 
Mills 
Moore 
Morris 
Nichols 
O’Brien 
Paddock 
Parker 
Pincus 
Pinnell 
Quinn 
Revell 
Rinaker 
Rosenberg 
Shanahan 

Messrs : 


Shuey 

Six 

Smith 

Sneed 

Stahl 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 78. 


Nays — 2. 


Section  8,  having  received  the  votes  of  a  majority  ol  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  tie 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  -  X 
Mr.  DeYoung  moved  to  reconsider  the  vote  by  which  section  .s,  or 

Deport  No.  18,  was  adopted. 

And  the  motion  prevailed.  , 

Mr.  DeYoung  thereupon  moved  that  further  consideration  of  sec¬ 
tion  8  be  postponed. 

And  the  motion  prevailed. 


672 


JOURNAL  OF  THE 


[May  3, 


Section  12,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  12,  and  moved  its  adoption: 

“Amend  section  12  by  substituting  therefor  the  following: 

“Section  12.  The  term  of  office  of  the  judges  of  the  Appellate  Courts, 
other  than  of  judges  appointed  to  fill  vacancies  and  judges  appointed  to 
divisions  created  after  full  terms  begin,  shall  be  six  years,  and  shall  expire 
on  the  first  day  of  January  A.  D.  1929,  and  every  six  years  thereafter.  The 
judges  of  the  Circuit  and  Superior  Courts  of  Cook  County  serving  as  judges 
of  the  Appellate  Court  for  the  First  District,  and  the  branches  thereof,  at 
the  time  of  the  adoption  of  this  Constitution,  shall  thereupon  become  the 
judges  of  the  Appellate  Court  for  the  First  District  and  shall  continue  to 
hold  office  as  such  Appellate  Court  judges  until  the  first  day  of  January, 
A.  D.  1929.  The  Supreme  Court  shall  appoint,  on  or  before  the  first  day  of 
January,  A.  D.  1923,  the  judges  of  the  Appellate  Courts  for  the  second,  third, 
and  fourth  districts,  and  every  sixth  year  thereafter,  the  judges  of  all  the 
Appellate  Courts.  Upon  the  creation  of  a  division  of  an  Appellate  Court,  the 
judges  thereof  shall  hold  office  until  the  first  day  of  January  of  the  year  next 
succeeding  when  full  terms  begin.  The  Supreme  Court  may,  for  good  cause 
shown,  remove  any  of  said  judges  from  office;  and  in  case  of  any  vacancy, 
the  Supreme  Court  shall  fill  such  vacancy  by  appointment.” 

And  the  substitute  for  section  12  was  adopted. 

Mr.  Michal  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  10. 

Strike  out  section  12  and  insert  in  lieu  thereof  the  following: 

“Section  12.  The  judges  of  the  Appellate  Court  shall  be  elected  from 
the  several  Appellate  Court  districts  and  their  term  of  office  shall  be  six 
years.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  18;  nays,  45. 

And  the  amendment  was  lost. 

Mr.  Mayer  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  11. 


Amend  section  12,  as  amended,  by  inserting  after  the  word  “branches’ 
in  line  15,  the  following: 

“Such  appointment  shall  be  made  from  judges  of  courts  of  record  or 
members  of  the  bar.” 


And  the  amendment  was  lost. 


’  The  question  then  being  on  the  adoption  of  section  12,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  65;  nays,  14. 


Those 

voting  in  the 

affirmative  are : 

Messrs. 

Barr 

Davis 

Hamill 

Meinert 

Beckman 

Dawes 

Hogan 

Mighell 

Brandon 

De  Young 

Hollenbeck 

Miller 

Brenholt 

Dryer 

Hull 

Mills 

Brewster 

Dunlap 

Jack 

Moore 

Carlstrom 

Dupuy,  G.  A. 

Jarman 

Nichols 

Catron 

F'ifer 

Johnson,  L.  C. 

Paddock 

Chew 

Gale 

Kerrick 

Parker 

Clarke 

Garrett 

Lill 

Pinnell 

Coolley 

Gee 

Lindly 

Quinn 

Corlett 

Goodyear 

Mayer 

Revell 

Cruden 

Gray 

McEwen 

Rinaker 

Cutting 

Green 

McGuire 

Shuey 

Six 

Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Torrance 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 65. 


1922,] 


CONSTITUTIONAL  CONVENTION. 


673 


Those  voting  in  the  negate  are :  Messrs^  Tebbens 

»ew.c,  SSS  gSSS  ~Nay-H. 

GilbeSe0tion  12  hating  received  the  votes  of  a  majority  of  the  Delegates 
elected  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 

*•  — - * ~  *— 

m  ^ThT  CoSention  proceeding  upon  the  consideration  of  Report .  Nm 
8,  of  the  Committee  on  Phraseology  and  Style  on  the  subject  Ch  g 

“  Seretpon  Mr  Michal  offered  the  following  amendment  and  moved 
its  adoption: 

Amendment  No.  1. 

Amend  section  1,  by  striking  out  all  of  the  second  sentence  after  the 

the  adoption  of  the  a— ^  °f 
the  Convention  was  had,  resulting  as  follows:  leas,  31,  nays,  27. 

Mr'1  MlkToflemArMtowing  amendment  and  moved  its  ad  op- 

tion : 

Amendment  No.  2. 

in  ,mnndthSeefonowinga:  "“nfno  XTsbXTnM  the°  city'byleason 

°f  n°kieelquestionflbeingron  the  adoption  of  the  a«endment,  a  division  of 

.  the  Convention  was  had,  resulting  as  follows:  leas,  4.,  nays,  21. 

And  the  amendment  was  adopted.  n;irm- 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop 

tion : 

Amendment  No.  3. 

Amend  section  1.  as  amended,  by  inserting  after  the  word  -power"  in 

“ne  MrHurofer£ed0the  foiowtegTinendment  to  the  amendment  and 
moved  its  adoption : 

AMENDMENT  No.  1  TO  AMENDMENT  No 
Amend  Amendment  No,  3  by  inserting  after  the  word  -government”  the 
words  “or  corporate  action. 

sssssas  3’  - 

amenS  qiXn  of  section  1,  as  amended, 

a  call  of  tiie  roll  was  had,  resulting  as  follows:  leas,  .3 ,  najs,  0. 


o 
o  • 


—43  C  J 


674 


JOURNAL  OF  THE 


[May  3, 


Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Davis 

Hollenbeck 

Mighell 

Adamkiewicz 

Dawes 

Hull 

Miller 

Barr 

De  Young 

Iarussi 

Mills 

Beckman 

Dietz 

Jack 

Moore 

Brandon 

Dryer 

Jarman 

Morris 

Brenholt 

Dunlap 

Johnson,  L.  C. 

O’Brien 

Brewster 

Fifer 

Kerrick 

Paddock 

Carlstrom 

Gale 

Kunde 

Pincus 

Catron 

Garrett 

Latchford 

Pinnell 

Chew 

Gee 

Dill 

Quinn 

Clarke 

Goodyear 

Mack 

Revell 

Coolley 

Gray 

McEwen 

Rinaker 

Corlett 

Green 

McGuire 

Rosenberg 

Cruden 

Harnill 

Meinert 

Shanahan 

Cutting 

Hogan 

Michal 

Shuey 

Six 

Smith 

Sneed 

Stahl 

Sutherland 

Tebbens 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 73. 
Nays — 0. 


Answering  present  but  not  voting :  Mr. 


Mayer 


Present — 1. 


Section  1.  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  b^  Pule  20. 
Section  2  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Jarman  offered  the  following  amendment  and 
moved  its  adoption: 


Amendment  No.  4. 

Amend  section  2  by  inserting  at  the  end  thereof  the  following  para- 
2:raDh  * 

“A  certified  copy  of  said  charter  or  any  amendment  thereto  shall  be 
filed  with  the  Secretary  of  State  within  thirty  days  after  its  adoption  by 
referendum  vote  and  shall  not  take  effect  until  so  filed.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  32;  nays,  18. 

And  the  amendment  was  adopted. 

Mr.  Mayer  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  5. 

Amend  section  2  by  striking  out  of  the  second  paragraph  the  words 
“shall  prevail  over  State  laws.” 

And  the  amendment  was  lost. 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption : 


Amendment  No.  6. 


Amend  section  2  by  striking  out  the  words  “and  shall  not  take  effect 
until  so  filed”  where  they  appear  in  the  amendment  offered  by  Mr.  Jarman. 


And  the  amendment  was  adopted.  . 

Mr.  Harnill  offered  the  following  amendment  and  moved  its  adop¬ 


tion  : 


Amendment  No.  7. 

Amend  section  2  by  striking  out  all  of  the  last  paragraph  thereof. 

And  the  amendment  was  lost.  _ 

The  question  then  being  on  the  adoption  of  section  2,  as  amended 

a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  »2:  na\s,  4. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


Those  voting  in  the  affirmative  are: 


Adams 
Adamkiewicz 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 
Cutting 


Davis 
Dawes 
De  Young 
Dryer 
Dunlap 
Pifer 
Gale 
Garrett 
Gilbert 
*  Goodyear 
Gray 
Green 
Hamill 
Hogan 
Hull 


Iarussi 
Jack 
J  arman 
Johnson,  L.  C. 
Kerrick 
Kunde 
Latchford 
Dill 
Lindly 
McEwen 
McGuire 
Meinert 
Michal 
Miller 


Messrs. 

Moore 

Morris 

Nichols 

O’Brien 

Paddock 

Parker 

Pincus 

Pinnell 

Quinn 

Revell 

Rosenberg 

Shanahan 

Shuey 

Six 


675 


Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 72. 


Messrs : 

Mills 

Mr. 


Nays — 4. 


Present — 1. 


Those  voting  in  the  negative  are: 

Dupuy,  G.  A.  Mayer  Mighell 

Answering  present  hut  not  voting . 

“ection  2,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  t  e 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  3  was  taken  up  and  read  at  large.  ,  A 

Whereupon  Mr.  Mayer  offered  the  following  amendment  and  moved 

its  adoption: 

Amendment  No.  8. 

Amend  section  3  by  inserting  after  the  last  word  thereof  the  following: 
“but  in  the  exercise  of  such  power  of  eminent  domain  the  City  of  Chicago 
shall  be  regulated  by  general  law.” 

And  the  amendment  was  adopted. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  9. 

Amend  section  3,  as  amended,  by  substituting  therefor  the  following: 
“Section  3.  The  City  of  Chicago  shall  have  power  to  condemn  private 
property  (deluding  public  utilities  and  the  privileges  or  licenses  held  in 
connection  therewith)  for  public  use  in  accordance  with  law. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  o,  as  amen  , 
.  ,  ,,  i  t  _ li.* _ _  -PrUi •  Voqc  fi  •  nays,  u. 


Lilt;  t_|UCOLJLVlJLL  mien  -  j. 

a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  7b 
Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Carlstrom 

Chew 

Clarke 

Coolley 

Corlett 

Cruden 

Cutting 

Davis 

Dawes 


De  Young 
Dietz 
Dryer 
Dunlap 
Dupuy,  G.  A. 
Fifer 
Gale 
Garrett 
Gee 
Gilbert 
Goodyear 
Gray 
Green 
Hamill 
Hogan 
Hull 


Iarussi 
Jack 
Jarman 
Johnson,  L.  C. 
Kerrick 
Kunde 
Latchford 
Bill 
Mack 
Mayer 
McEwen 
McGuire 
Meinert 
Michal 
Mighell 


Miller 

Mills 

Moore 

Morris 

Nichols 

O’Brien 

Paddock 

Parker 

Pincus 

Pinnell 

Quinn 

Rinaker 

Rosenberg 

Shanahan 

Shuey 


Six 

Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 76. 

Nays — 0. 


676 


JOURNAL  OF  THE 


[May  3, 


Section  3,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Section  4  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Miller  offered  the  following  amendment  and  moved 
its  adoption: 

Amendment  No.  10. 

Amend  section  4  by  striking  out  the  word  “reasonable.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  4,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  61 ;  nays,  15. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Pifer 

Kunde 

Nichols 

Smith 

Adamkiewicz 

Gale 

Latchford 

O’Brien 

Sneed 

Brandon 

Gilbert 

Dill 

Paddock 

Stahl 

Brenholt 

Goodyear 

Mack 

Parker 

Sutherland 

Carl  strom 

Gray 

McEwen 

Pincus 

Taff 

Catron 

Green 

McGuire 

Pinnell 

Tebbens 

Chew 

Hogan 

Meinert 

Quinn 

Torrance 

Clarke 

Hull 

Michal 

Rinaker 

Traeger 

Coolley 

Iarussi 

Mighell 

Rosenberg 

Trautmann 

Cruden 

Jack 

Miller 

Shanahan 

Warren 

Davis 

Jarman 

Mills 

Shuey 

Woodward 

Dawes 

Johnson,  L.  C. 

Moore 

Six 

Mr.  President 

Dunlap 

Yeas — i 

Those  voting  in  the  negative  are : 

Messrs. 

Barr 

Cutting 

Dupuy,  G.  A.  Hamill 

Morris 

Beckman 

Dietz 

Garrett’ 

Kerrick 

Revell 

Brewster 

Dryer 

Gee 

Mayer 

Wilson 

Nays — 

Answering  present  but  not  voting:  Messrs. 

Corlett  DeYoung  Hollenbeck  Present — 3. 

Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Mr.  Michal  moved  to  reconsider  the  vote  by  which  section  4,  of 
Report  No.  8,  was  adopted. 

Mr.  Sutherland  moved  to  lay  that  motion  on  the  table.  • 

And  the  question  being  oil  the  motion  to  table  it  was  decided  in  the 
affirmative. 

Section  6  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Hull  moved  to  strike  out  the  word  “Governmental” 
wherever  it  appears  in  the  section  and  insert  in  lieu  thereof  the  word 
“Municipal.” 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  section  6,  as  amended,  a 
call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  70;  nays,  4. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


677 


Those  voting  in  the  affirmative  are:  Messrs. 


Adamkiewicz 

Davis 

Barr 

Dawes 

Beckman 

De  Young 

Brandon 

Dietz 

Brenholt 

Dryer 

Brewster 

Dunlap 

Carlstrom 

Dupuy,  G.  A, 

Catron 

Gale 

Chew 

Garrett 

Clarke 

Gilbert 

Coolley 

Goodyear 

Corlett 

Gray 

Cruden 

Green 

Cutting 

Hamill 

Hogan 

Miller 

Hollenbeck 

Mills 

Hull- 

Moore 

larussi 

Morris 

Jack 

Nichols 

Johnson,  L.  C. 

O’Brien 

Kunde 

Paddock 

Latchford 

Parker 

Lill 

Pincus 

Mack 

Pinnell 

McGuire 

Quinn 

Meinert 

Revell 

Michal 

Rinaker 

Mighell 

Rosenberg 

Shanahan 

Shuey 

Six 

Smith 

Stahl 

Sutherland 

Taft 

Tebbens 

Traeger 

Trautmann 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 70. 


Those  voting  in  the  negative  are :  Messrs. 

Adams  Kerrick  Mayer  McEwen  Nays— 4. 

Section  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  7  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  68;  nays,  1. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

De  Young 

Adamkiewicz 

Dietz 

Barr 

Dryer 

Beckman 

Dunlap 

Brandon 

Dupuy,  G.  A. 

Brenholt 

Fifer 

Brewster 

Gale 

Carlstrom 

Garrett 

Catron 

Gilbert 

Clarke 

Goodyear 

Coolley 

Gray 

Corlett 

Green 

Cruden 

Hamill 

Cutting 

Hogan 

Hollenbeck 

Miller 

Hull 

Mills 

larussi 

Moore 

Jack 

Nichols 

Johnson,  L.  C. 

O’Brien 

Kunde 

Paddock 

Latchford 

Parker 

Lill 

Pincus 

Mack 

Pinnell 

McEwen 

Quinn 

McGuire 

Revell 

Meinert 

Rinaker 

Michal 

Shanahan 

Mighell 

Six 

Smith 

Sneed 

Sutherland 

Taft 

Tebbens 

Torrance 

Traeger 

Trautmann 

W  arren 

Wilson 

Woodward 

Mr.  President 

Yeas— 68. 


Nays — 1. 


Those  voting  in  the  negative  are:  Messrs: 

Ganschow  . 

Section  7,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  8  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 

roll  was  had,  resulting  as  follows:  Yeas,  68;  nays,  1. 

Messrs. 


Those  voting  in  the  affirmative  are: 


Adams 
Adamkiewicz 
P.arr 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Clarke 
Coolley 
Corlett 
Crudcn 
Cutting 
Davis 


Dawes 

De  Young 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Pifer 

Gale 

Garrett 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 


Hollenbeck 
larussi 
Jack 

Johnson,  L.  C. 
Kunde 
Latchford 
Dill 
Mack 
McEwen 
McGuire 
Meinert 
Michal 
Mighell 
Miller 


Those  voting  in  the  negative  are 


Moore 
Nichols 
O’Brien 
Paddock 
Parker 
Pincus 
Pinnell 
Quinn 
Revel  1 
Rinaker 
Rosenberg 
Shanahan 
Shuey 

Messrs : 


Mills 


Six 

Smith 

Stahl 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 68. 


Nays — 1. 


678 


JOURNAL  OF  THE 


[May  3, 


Section  8,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

At  the  hour  of  6  :25  o'clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9:00  o'clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adojurned. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


679 


THURSDAY,  MAY  4,  1922,  9:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  oifered  by  the  Rev.  Lewis  B.  Landretli,  of  the  immacu¬ 
late  Conception  Church,  of  Carthage.  .  .  ^  _  ,  .  , 

The  Journal  of  Tuesday,  May  /ind,  having  been  piinted  and  placec 

on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25th,  the  Secre¬ 
tary  called  the  roll  of  the  Convention,  which  resulted  as  follows :  Pres¬ 
ent,  86. 

Those  voting  present  are :  Messrs. 


Adams 
Adamkiewicz 
Baldwin 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 
Cutting 
Davis 
Dawes 


De  Young 
Dietz 
Dryer 
Dunlap 
Dupuy,  G.  A. 
Elting 
Fifer 
Fyke 
Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 


Hogan 

Michal 

Shuey 

Hollenbeck 

Mighell 

Six 

Hull 

Miller 

Smith 

Iarussi 

Mills 

Sneed 

Jack 

Moore 

Stahl 

J  arman 

Morris 

Sutherland 

Johnson,  H.  C. 

Nichols 

Taff 

Kerrick 

O’Brien 

Tebbens 

Kunde 

Paddock 

Torrance 

Latchford 

Parker 

Traeger 

Lill 

Pincus 

Trautmann 

Lindly 

Pinnell 

Wall 

Mack 

Quinn 

Warren 

Mayer 

Revel  1 

Wilson 

McEwen 

Rinaker 

Wolff 

McGuire 

Rosenberg 

Woodward 

Meinert 

Shanahan 

Mr.  President 
Present — 

The  Convention  proceeding  upon  the  consideration  of  Report  No. 
8  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Chicago 
and  Cook  County,  sections  9,  10  and  11,  combined,  were  taken  up  and 

read  at  large.  n-iA  i-i-f 

And  the  question  being  on  the  adoption  of  sections  9,  10  and  11, 

combined,  a  call  of  the  roll  was  had,  resulting  as  follows:  Teas,  79; 

1. 


nays, 


Adams 

Adamkiewicz 

Baldwin 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Carlstrom 

Catron 

Chew  « 

Clarke 

Coolley 

Corlett 

Cruden 

Cutting 


Davis 

Dawes 

De  Young 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fifer 

Fyke 

Gale 

Garrett 

Gee 

Gilbert 

Goodyear 

Gray 


affirmative  are: 

Green 

Messrs. 

McEwen 

Shuey 

Hamill 

McGuire 

Six 

Hogan 

Meinert 

Smith 

Hollenbeck 

Mighell 

Sneed 

Hull 

Miller 

Stahl 

Iarussi 

Mills 

Sutherland 

Jack 

Moore 

Taff 

Jarman 

Morris 

Torrance 

Johnson,  L.  C. 

Nichols 

Traeger 

Kerrick 

Paddock 

Trautmann 

Kunde 

Parker 

Wall 

Hatch  ford 

Pinnell 

Warren 

Hill 

Quinn 

Wilson 

Hindly 

Mack 

Revell 

Woodward 

Rinaker 

Mr.  President 

Mayer 

Shanahan 

Yeas — 

680 


JOURNAL  OF  THE 


[May  4, 


Those  voting  in  the  negative  are :  Messrs : 

Wolff  Naj 

Sections  9.  10  and  11.  combined,  having  received  the  votes  of  a 
majority  of  the  Delegates  elected,  were  declared  passed,  and,  under  the 
rules,  were  re-referred  to  the  Committee  on  Phraseology  and  Style  for 
action,  as  provided  by  Prnle  20. 

Section  12  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  16;  nays,  0. 

Those  voting  in  the  affirmative  are: 


Adams 

Dawes 

Hogan 

Adamkiewicz 

De  Young 

Hollenbeck 

Baldwin 

Dietz 

Hull 

Barr 

Dryer 

Iarussi 

Beckman 

Dunlap 

Jack 

Brandon 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Brenholt 

Fifer 

Kerrick 

Brewster 

Fyke 

Kunde 

Carlstrom 

Gale 

Latchford 

Catron 

Garrett 

Lill 

Chew 

Gee 

Lindly 

Clarke 

Gilbert 

Mack 

Coolley 

Goodyear 

Mayer 

Corlett 

Gray 

McEwen 

Cruden 

Green 

McGuire 

Cutting 

Hamill 

Meinert 

Michal 

Mighell 

Miller 

Mills 

Moore 

Morris 

Nichols 

Parker 

Pinnell 

Quinn 

Revell 

Punaker 

Shanahan 

Shuey 


Six 

Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Torrance 
Traeger 
Trautmann 
Wall 
W  arren 
Wilson 
Woodward 
Mr.  President 

Teas — 76. 
Nays — 0. 


section  navuig  leceiveu  me  wncc  ^  c*  yr  ;0  // 

elected,  was  declared  passed,  and,  unoer  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 
Section  13  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 

roll  was  had,  resulting  as  follows :  YYas,  80 ;  nays,  0. 

Messrs. 


Those  voting  in  the  affirmative  are 

Hamill 


Adams 
Adamkiewicz 
Baldwin 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 
Cutting 
Davi3 


Dawes 

De  Young 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fyke 

Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 

Gray 

Green 


Hogan 

Hollenbeck 

Hull 

Iarussi 

Jack 

Jarman 

.Johnson,  L.  C. 

Kerrick 

Kunde 

Latchford 

Lill 

Lindly 

Mack 

McEwen 

McGuire 


Meinert 
Michal 
Mighell 
Miller 
Mills 
Moore 
Morris 
Nichols 
O’Brien 
Paddock 
Parker 
Pinnell 
Quinn 
Revell 
Rinaker 
Shanahan 

Messrs. 


Shuey 

Six 

Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Woodward 

Mr.  President 

Yeas — 80. 
Nays — 0. 


Present — 2. 


Answering  present  but  not  voting 

Section  13,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology-  and  Style  for  action,  as  provided  by  Eule  20. 
Section  14  was  taken  up  and  read  at  large 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  th. 
roll  was  had,  resulting  as  follows:  Yeas,  84;  nays,  0. 


6S1 


1922.]  CONSTITUTIONAL  CONVENTION. 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Dawes 

Hamill 

Meinert 

Shuey 

Adamkiewicz 

De  Young 

Hogan 

Michal 

Six 

Baldwin 

Dietz 

Hollenbeck 

Mighell 

Smith 

Barr 

Dryer 

Hull 

Miller 

Sneed 

Beckman 

Dunlap 

Iarussi 

Mills 

Stahl 

Brandon 

Dupuy,  G.  A. 

Jack 

Moore 

Sutherland 

Brenholt 

Elting 

Jarman 

Morris 

Taff 

Brewster 

Pifer 

Johnson,  L.  C. 

Nichols 

Tebbens 

Carlstrom 

Fyke 

Kerrick 

O'Brien 

Torrance 

Catron 

Gale 

Kunde 

Paddock 

Traeger 

Chew 

Gan  sch  ow 

Latchford 

Parker 

Trautmann 

Clarke 

Garrett 

Lill 

Pinnell 

W  arren 

Coolley 

Gee 

Lindly 

Quinn 

Wilson 

Corlett 

Gilbert 

Mack 

Revell 

Wolff 

Cruden 

Goodj'ear 

Mayer 

Rinaker 

Woodward 

Cutting 

Gray 

McEwen 

Rosenberg 

Mr.  President 

Dans 

Green 

McGuire 

Shanahan 

Yeas — 84. 

Nays — 0. 


Section  11,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

The  Convention  proceeding  upon  the  consideration  of  Report  ^o. 
12,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Legis¬ 
lative  Department,  section  S  thereof  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Coolley  offered  the  following  as  a  substitute  for 

section  8  and  moved  its  adoption: 

Amend  section  8  by  substituting  therefor  the  following: 

“Section  8.  At  the  first  session  of  the  General  Assembly  following  the 
time  fixed  in  this  Constitution  for  making  any  apportionment  required  by 
any  article  thereof,  no  salary  or  mileage  or  renumeration  of  any  kind  shall 
be  paid  to  the  members  of  such  General  Assembly  until  it  has  effected  the 
apportionment  as  required  in  this  Constitution." 

Mr.  Six  offered  the  following  as  a  substitute  for  section  8,  and  all 
pending  amendments,  and  moved  its  adoption: 

Amend  section  8,  as  follows:  Strike  out  the  words  “It  shall  be  the  duty 
of  the  Secretary  of  State.  Auditor  of  Public  Accounts  and  Attorney  General" 
and  substitute  the  following:  “It  shall  be  the  duty  of  the  Governor  to  ap¬ 
point  a  commission  of  two  persons,  one  from  Cook  County  and  one  from  a 
county  other  than  Cook,  one  of  which  shall  be  of  the  political  party  casting 
the  highest  vote  and  one  from  the  political  party  casting  the  next  highest 
vote  at  the  last  preceding  State  election  for  that  State  officer  receiving  the 
largest  number  of  votes,  which  two  commissioners  so  appointed  shall  appoint 
a  third  commissioner,  and  it  shall  be  the  duty  of  said  commission  of  three 
to  make  an  apportionment  in  accordance  herewith,  within  ninety  days  after 
the  adjournment.” 

Pending  discussion,  bv  unanimous  consent.  Mr.  Six  withdrew  his 
substitute  for  section  8  and  all  pending  amendments. 

Pending:  discussion,  by  unanimous  consent.  Mr.  Coollev  withdrew 
his  substitute  for  section  S. 

Mr.  Migliell  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  31. 

Amend  section  8,  by  inserting  therefor  the  following: 

“At  the  general  State  election  in  the  year  1926  there  shall  be  submitted 
to  the  election,  by  printing  the  same  at  the  top  of  the  ballot  containing  the 
names  of  candidates,  the  following  constitutional  amendment  which  shall  be 
substituted  for  section  seven  of  this  article,  if  approved  by  a  majority  of 
those  voting  on  the  proposition: 


682 


JOURNAL  OF  THE 


[May  4, 


“Each  county  shall  have  one  member  of  a  House  of  Representatives 
consisting  of  not  less  than  175  nor  more  than  200  members,  all  other  mem¬ 
bers  shall  be  distributed  to  the  larger  counties  in  proportion  to  the  number 
of  voters  who  voted  for  Governor  at  the  last  regular  election  at  which  a 
Governor  was  elected  previous  to  the  apportionment.  In  successive  reap¬ 
portionments  the  numerical  representation  on  any  county  shall  not  be  re¬ 
duced. 

“The  districts,  in  counties  having  more  than  one  representative,  shall 
be  formed  of  compact  and  contiguous  territory,  bounded  by  ward  or  precinct 
line  and  containing,  as  nearly  as  practicable,  an  equal  number  of -voters,  but 
in  no  case  less  than  four-fifths  the  counties  ratio.” 

Mr.  Trautmann  raised  the  point  of  order  that  the  amendment  was 
out  of  order  for  the  reason  that  it  was  not  germain  to  the  subject 
matter  under  consideration. 

And  the  point  of  order  was  sustained. 

Mr.  Eevell  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  32. 

Amend  section  8  by  adding  the  following: 

“And  no  legislative  business  shall  be  transacted  until  the  reapportion¬ 
ment  of  the  State  shall  be  completed.” 

And  the  amendment  was  lost. 

Mr.  Quinn  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  33. 

Amend  section  8  by  substituting  therefor  the  following: 

“Section  8.  In  case  the  General  Assembly  fail  to  make  such  apportion¬ 
ment  at  its  first  session,  following  the  time  fixed  in  this  Constitution,  then 
and  in  that  event,  no  act  passed  in  such  General  Assembly  or  succeeding 
sessions  of  the  General  Assembly  so  failing  to  make  such  apportionment, 
shall  go  into  effect  save,  and  only,  acts  appropriating  money  for  the  pur¬ 
pose  of  meeting  the  expenses  of  the  State  Government.” 

The  question  being  on  the  adoption  of  Amendment  No.  33,  a 
division  of  the  Convention  was  had,  resulting  as  follows:  Yeas,  53; 
nays,  22. 

And  the  amendment  was  adopted. 

Mr.  Coolley  offered  the  following  as  a  substitute  for  section  8,  as 

amended,  and  moved  its  adoption: 

Amend  section  8,  as  amended,  to  read  as  follows: 

“The  General  Assembly  shall  enter  into  no  business  except  the  appro¬ 
priation  of  money  for  the  necessary  administration  of  government  and  the 
enactment  of  emergency  legislation  until  all  apportionments  have  been  made 
in  accordance  with  this  Constitution.” 

And  the  substitute  for  section  8  was  lost. 

Mr.  Davis  moved  to  reconsider  the  vote  by  which  the  substitute  for 
section  8  was  adopted. 

The  question  being  on  the  motion  to  reconsider,  a  division  of  the 
Convention  was  had,  resulting  as  follows:  lYas,  49;  nays,  32. 

And  the  motion  prevailed. 

The  question  recurring  on  the  adoption  of  the  substitute  for  section 
8,  offered  by  Mr.  Quinn,  it  was  decided  in  the  negative. 

Pending  discussion  Mr.  Davis  moved  the  previous  question. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


683 


And  the  question  being,  “Shall  the  main  question  be  now  put?”  it 
was  decided  in  the  affirmative. 


The  question  then  being  on  the  adoption  of  section  8,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  61;  nays,  22. 


Those  voting  in  the 

affirmative  are:  Messrs. 

Adamkiewicz 

Dietz 

Hull 

Miller 

Smith 

Baldwin 

Dryer 

Iarussi 

Moore 

Sneed 

Barr 

Dupuy,  G.  A- 

Jack 

Morris 

Sutherland 

Beckman 

Fyke 

Johnson,  L. 

C.  O’Brien 

Tebbens 

Brenholt 

Gale 

Kunde 

Paddock 

Torrance 

Carlstrom 

Ganschow 

Latchford 

Parker 

Traeger 

Clarke 

Garrett 

Lill 

Pincus 

Trautmann 

Corlett 

Gray 

Lindly 

Quinn 

Wall 

Cruden 

Green 

Mayer 

Revell 

Wilson 

Cutting 

Hamill 

McEwen 

Rosenberg 

Wolff 

Davis 

Hogan 

McGuire 

Shanahan 

Woodward 

Dawes 

Hollenbeck 

Michal 

Shuey 

Mr.  President 

De  Young 

Yeas — i 

Those 

voting  in  the  negative  are : 

Messrs. 

Adams 

Coolley 

Gilbert 

Mack 

Nichols 

Brandon 

Dunlap 

Goodyear 

Meinert 

Pinnell 

Brewster 

Elting 

Jarman 

Mighell 

Stahl 

Catron 

Fifcr 

Kerrick 

Mills 

Taff 

Chew 

Gee 

Nays — : 

Answering  present  but  not  voting  are :  Messrs. 

Rinaker  Six  Warren  Present — 3. 

Section  8,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Mr.  Cutting  moved  to  reconsider  the  vote  by  which  section  8  was 

adopted. 

Mr.  Hamill  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in 
the  affirmative. 

At  the  hour  of  12  :45  o’clock  p.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  take  a  recess  until  2  :00  o'clock  p.  m. 

And  the  motion  prevailed. 

2  :00  o'Clock  P.  M. 

The  hour  of  2:00  o’clock  p.  m.,  having  arrived,  the  Convention 
resumed  its  session. 

The  President  presiding. 

The  Convention  proceeding  upon  the  consideration  of  Report  Ho. 
17,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Coun¬ 
ties,  section  1  was  again  taken  up. 

Whereupon  Mr.  Brenholt  offered  the  following  amendment  and 

moved  its  adoption : 


Amendment  No.  15. 

Amend  section  1,  as  amended,  by  striking  out  in  the  first  sentence  the 
words  “who  shall  be  ex-officio  collector  of  taxes”  and  by  adding  in  lieu 
thereof  “who  shall  also  be  ex-officio  collector  of  taxes  unless  otherwise  pro¬ 
vided  by  law.” 

So  that  the  section  will  read: 

“Section  1.  In  each  county  there  shall  be  elected  in  1926  a  sheriff,  a 
county  clerk,  who  shall  be  clerk  of  the  County  Court,  and  a  treasurer,  who 


684 


JOURNAL  OF  THE 


[May  4, 


shall  also  be  ex-officio  collector  of  taxes  until  otherwise  provided  by  law; 
and  in  1924  a  coroner,  and  a  clerk  of  the  Circuit  Court  who  shall  be  ex-officio 
recorder  of  deeds  except  in  counties  of  60,000  or  more  population,  where  a 
recorder  of  deeds  shall  be  elected,  and  in  counties  of  fifty  thousand  popula¬ 
tion  or  more  a  county  auditor  may  be  selected  as  provided  by  law.  In  each 
county  there  shall  be  an  assessor  to  be  selected  as  the  General  Assembly  may 
provide.  No  elected  treasurer  shall  succeed  himself.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  33;  nays,  22. 

And  the  amendment  was  adopted. 

Mr.  Taff  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  16. 

Amend  section  1,  as  amended  by  striking  out  the  words  “who  shall  also 
be  ex-officio  collector  of  taxes.” 

And  the  amendment  was.  lost. 

Air.  Gilbert  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  17. 


Amend  section  1,  as  amended,  by  inserting  the  words 
last  line  thereof.” 


“Sheriff  or”  in  the 


The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  23;  nays,  44. 


And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  1,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  79;  nays,  0. 
Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Adamkiewicz 

Baldwin 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Carlstrom 

Catron 

Clarke 

Coolley 

Corlett 

Cruden 

Cutting- 

Davis 


Dawes 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A- 

Elting- 

Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hog'an 


Hollenbeck 
Hull 
Iarussi 
Jack 
Jarman 
Johnson, 
Kerrick 
Kunde 
Latchford 
Lill 
Lindly 
Mack 
Mayer 
McEwen 
McGuire 
Meinert 


Michal 

Mighell 

Miller 

Mills 

Moore 

O’Brien 

Parker 

Pincus 

Pinnell 

Quinn 

Revell 

Rinaker 

E,osenberg 

Shanahan 

Shuey 

Six 


L.  C. 


Smith 

Sneed 

Stahl 

Sutherland 

Tebbens 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Woodward 

Mr.  President 

Yeas — 79. 

Nays — 0. 


Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Mr.  Gale  asked  unanimous  consent  of  the  Convention  to  make  a 
motion  to  reconsider  the  vote  by  which  section  7,  of  Report  Yo.  12,  was 
heretofore  adopted,  for  the  purpose  of  offering  a  specific  amendment. 

Unanimous  consent  being  refused,  Mr.  Gale  moved  that  Rule  62  be 


suspended.  ,  ,  * 

Mr.  Dunlap  raised  the  point  of  order  that  the  motion  was  out  ot 

order,  for  the  reason  that  it  incorporated  the  specific  purpose  for  which 
the  motion  was  made. 


1922.] 


CONSTITUTIONAL  CONVENTION . 


685 


And  the  point  of  order  was  not  sustained. 

Whereupon  an  appeal  from  the  decision  of  the  chair  was  taken. 

And  the  question  being,  “Shall  the  decision  of  the  chair  stand  as 
the  decision  of  the  Convention  ?”  a  division  of  the  Convention  was  had, 
resulting  as  follows:  Yeas,  50;  nays,  19. 

And  the  decision  of  the  chair  was  sustained. 

The  question  recurring  on  the  motion  to  suspend  Rule  62,  a  call  of 
the  roll  was  had,  resulting  as  follows:  Yeas,  57 ;  nays,  25. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adamkiewicz 
Baldwin 
Barr 
Beckman 
Brenholt 
Carlstrom 
Clarke 
Corlett 
Cruden 
Cutting 
Davis 
Dawes 


De  Young 
Dietz 

Dupuy,  G.  A. 

Dyke 

Gale 

Ganschow 

Garrett 

Gilbert 

Gray 

Green 

Hamill 


Hollenbeck 
Hull 
Iarussi 
Jack 

Johnson,  L.  C. 

Kunde 

Latchford 

Lill 

Lindly 

Mayer 

McEwen 


McGuire 
Meinert 
Michal 
Miller 
O’Brien 
Paddock 
Parker 
Pincus 
Quinn 
Revell 
Rosenberg 

Messrs. 

Mills 

Moore 

Pinnell 

Rinaker 

Smith 


Shanahan 

Six 

Sutherland 

Tebbens 

Todd 

Traeger 

Trautmann 

Wilson 

Wolff 

Woodward 

Mr.  President 

Yeas — 57. 


Sneed 

Stahl 

Taff 

Wall 

Warren 

Nays — 25. 


Hogan 

Those  voting  in  the  negative  are: 

Adams  Dryer  Goodyear 

Brandon  Dunlap  Jarman 

Brewster  El  ting 

Catron  Fifer  JJack  n 

Coolley  Gee  Mighell 

The  motion  having  received  more  than  a  two-thirds  vote  was  de¬ 
clared  carried,  and  the  rule  was  suspended.  • 

Whereupon  Mr.  Gale  moved  that  the  vote  by  which  section  7,  of 
Report  No.  i2,  was  heretofore  adopted  on  February  7th,  be  now  recon¬ 
sidered  for  the  sole  and  only  purpose  of  offering  one  amendment. 

Mr  Jarman  raised  the  point  of  order  that  the  motion  was  out  of 
order,  for  the  reason  that  the  specific  purpose  for  which  it  was  made 

precluded  other  amendments. 

And  the  point  of  order  was  not  sustained. 

The  question  then  being  on  the  motion  to  reconsider,  it  was  decided 

in  the  affirmative.  „  .  ,  ,  rtMT/wa 

Whereupon  Mr.  Gale  offered  the  following  amendment  and  moved 

its  adoption: 

Amendment  No.  34. 

Amend  section  7,  Report  No.  12,  by  adding  at  the  end  of  the  first  para- 
SraPVuhteraeckntey“fnfe:ss  than  four-fifths  of  a  ratio  may be j  Joined  with 

a  raatfo°  may 

of  one  or  more  counties,  and  such  districts  shall  be  as  near  a  ratio  as  prac¬ 
ticable  ;  and  when  of  more  than  one  county,  such  counties  shall  be  adjoin 

•  J  J 

Pending  discussion,  by  unanimous  consent,  Mr.  Mighell  offer  cd  the 
following  amendment  as  a  substitute  for  Amendment  No.  34,  and 

moved  its  adoption:  .  wnri1c. 

Amend  section  7  of  the  Legislative  Article  by  striking  out  tl  e  " 

“but  no  district  shall  contain  less  than  4/5  of  the  representation  ra  10 
those  words  appear  in  the  last  clause  of  the  first  paragraph,  cha  g- 
to  period  and  in  lieu  of  said  clause  insert  the  following. 


686 


JOURNAL  OF  THE 


[May  4, 


“Counties  not  having  fourfifths  of  a  representation  ration  may  he  formed 
into  districts  of  one  or  more  counties  and  such  districts  shall  be  of  con¬ 
tiguous  territory  and  shall  be  as  near  a  ratio  as  practicable. 

At  the  end  of  the  section,  after  the  word  “ratio”  there  shall  be  added  as 
part  of  the  section  the  following: 

“At  the  general  State  election  in  the  year  1926  there  shall  be  submitted 
to  the  election,  by  printing  the  same  at  the  top  of  the  ballot  containing  the 
names  of  candidates,  the  following  constitutional  amendment  which  shall  be 
substituted  for  this  section  if  approved  by  a  majority  of  those  voting  on 
the  proposition. 

“Each  county  shall  have  one  member  of  a  House  of  Representatives  con¬ 
sisting  of  not  less  than  175  nor  more  than  200  members,  all  other  members 
shall  be  distributed  to  the  larger  counties  in  proportion  to  the  number  of 
voters  who  voted  for  Governor  at  the  last  regular  election  at  which  a 
Governor  wras  elected  previous  to  the  apportionment.  In  successive  reap¬ 
portionments  the  numerical  representation  on  any  county  shall  not  be  re¬ 
duced. 

“The  districts,  in  counties  having  more  than  one  representative,  shall  be 
formed  of  compact  and  contiguous  territory,  bounded  by  ward  or  precinct 
line  and  containing,  as  nearly  as  practicable,  an  equal  number  of  voters,  but 
in  no  case  less  than  four-fifths  the  counties  ratio.” 


And  the  question  being  on  the  adoption  of  the  substitute,  on  de¬ 
mand  of  five  Delegates,  a  call  of  the  roll  was  had,  resulting  as  follows: 
Yeas,  21 ;  nays,  57. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Brewster 

Dunlap 

Elting 

Fifer 


Gee 

Gilbert 

Goodyear 

Hogan 


Jarman 

Kerrick 

Mack 

Mighell 


Mills  Sneed 

Pinnell  Stahl 

Rinaker  Taff 

Shuey  Wall 

Yeas — 21. 


Those  voting  in  the  negative  are: 


Adamkiewicz 

Baldwin 

Barr 

Beckman 

Cary,  C.  D. 

Carlstrom 

Clarke 

Corlett 

Cruden 

Cutting 

Davis 

Dawes 


De  Young 

Dietz 

Dryer 

Dupuy,  G.  A. 

F*yke 

Gale 

Ganschow 

Garrett 

Green 

Hamill 

Hollenbeck 

Hull 


Iarussi 

Jack 

Johnson,  L. 

Kunde 

Latchford 

Lill 

Lindly 

Mayer 

McEwen 

McGuire 

Michal 


Messrs. 

Miller 

Moore 

C.  O’Brien 
Paddock 
Parker 
Pincus 
Quinn 
Revell 
Rosenberg 
Shanahan 
Six 


Sutherland 

Tebbens 

Todd 

Torrance 

Traeger 

Trautmann 

Warren 

Wilson 

Wolff 

Woodward 

Mr.  President 

Nays — 57. 


Answering  present  but  not  voting: 

•  Brandon  Brenholt  Coolley 


Messrs. 

Meinert 


Present — 4. 


And  the  substitute  for  Amendment  No.  34  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  No.  34,  it 
was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  section  7,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  78 ;  nays,  4. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


687 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adamkiewicz 

Dawes 

Hogan 

Miller 

Smith 

Baldwin 

De  Young 

Hollenbeck 

Mills 

Sneed 

Barr 

Dietz 

Hull 

Moore 

Stahl 

Beckman 

Dryer 

Jack 

O’Brien 

Sutherland 

Brandon 

Dunlap 

Johnson,  L.  C. 

Paddock 

Tebbens 

Brenholt 

Dupuy,  G.  A- 

Kunde 

Parker 

Todd 

Brewster 

Elting 

Latchford 

Pincus 

Torrance 

Cary,  C.  D. 

Fyke 

Lill 

Pinnell 

Traeger 

Carlstrom; 

Gale 

Lindly 

Quinn 

Trautmann 

Catron 

Ganschow 

Mack 

Revell 

Wall 

Clarke 

Garrett 

Mayer 

Rinaker 

Warren 

Coolley 

Gilbert 

McEwen 

Rosenberg 

Wilson 

Corlett 

Goodyear 

McGuire 

Shanahan 

Wolff 

Cruden 

Gray 

Meinert 

Shuey 

Woodward 

Cutting 

Green 

Michal 

Six 

Mr.  President 

Davis 

Hamill 

Yeas — 

Those  voting  in  the  negative  are :  Messrs. 

Jarman  Kerrick  Mighell  Taft  Nays — 4. 

Section  7 ,  having  receive  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Mr.  Davis  moved  to  reconsider  the  vote  by  which  section  7,  of 
Report  No.  12,  was  adopted. 

Mr.  Hamill  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in 
the  affirmative. 

Mr.  Carlstrom  called  up  his  motion  of  yesterday  to  reconsider  the 
vote  by  which  Report  No.  14,  of  the  Committee  on  Phraseology  and 
Style,  had  failed  to  pass. 

The  question  being  on  the  motion  to  reconsider,  it  was  decided  in 
the  affirmative. 

And  Report  No.  14,  of  the  Committee  on  Phraseology  and  Style, 
was  again  taken  up. 

Whereupon  Mr.  Carlstrom  offered  the  following  amendment  and 
moved  its  adoption : 


Amendment  No.  2. 

Amend  Report  No.  14  as  reported  by  the  Committee  on  Phraseology  and 
Style,  in  line  8  after  the  word  “shall”  by  inserting  the  words  “be  amortized 
in  not  to  exceed  thirty-three  years  and  shall”  and  after  the  word  “by”  by 
inserting  the  word  “first.” 

So  that  the  sentence  as  amended  will  read  as  follows: 

“Such  loans  shall  be  amortized  in  not  to  exceed  thirty-three  years  and 
shall  be  secured  by  first  mortgages  or  deeds  of  trust  made  by  those  owning, 
occupying  and  cultivating  the  lands  pledged.” 

And  the  amendment  was  adopted. 

Mr.  Rinaker  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  3. 

Amend  Report  No.  14  by  striking  out  the  words,  “on  the  question.” 

Mr.  Dunlap  moved  to  lay  the  amendment  on  the  table. 

The  question  being  on  the  motion  to  table,  a  division  of  the  Con¬ 
vention  was  had,  resulting  as  follows:  Yeas,  37;  nays,  31. 


G88 


JOURNAL  OF  THE 


[May  4, 


And  Amendment  No.  3  was  ordered  to  lie  on  the  table. 


Mr.  Sutherland  moved  the  previous  question  on  Report  No.  14. 
And  the  question  being,  “Shall  the  main  question  be  now  put?”  it 
was  decided  in  the  affirmative. 


The  question  then  being  on  the  adoption  of  Report  No.  14,  as 
amended,  a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  53; 


nays,  26. 


Those  voting  in  the 

affirmative  are:  Messrs. 

Adams 

Dietz 

Hollenbeck 

Meinert 

Shuey 

Barr 

Dryer 

Hull 

Michal 

Six 

Beckman 

Dunlap 

Jack 

Mighell 

Smith 

Brandon 

Siting 

J  arman 

Miller 

Sneed 

Brenholt 

Gale 

Johnson,  L. 

C.  Mills 

Stahl 

Carlstrom 

Garrett 

Kerrick 

Moore 

Torrance 

Catron 

Gee 

Lill 

Paddock 

Trautmann 

Clarke 

Gilbert 

Lindly 

Parker 

Wall 

Coolley 

Goodyear 

Mack 

Pinnell 

Warren 

Corlett 

Gray 

McEwen 

Quinn 

Wolff 

Dawes 

Hogan 

McGuire 

Yeas — i 

Those  voting  in  the 

negative  are : 

Messrs. 

Adamkiewicz 

Green 

Mayer 

Rosenberg 

Todd 

Baldwin 

Hamill 

O’Brien 

Shanahan 

Traeger 

Cary,  C.  D. 

Iarussi 

Pincus 

Sutherland 

Wilson 

Cutting 

Kunde 

Revell 

Taff 

Woodward 

Fyke 

Ganschow 

Latchford 

Rinaker 

Tebbens 

Mr.  President 
Nays — : 

Answering  present  but  not  voting :  Mr. 

Brewster 


Present — 1. 


Report  No.  14,  having  received  the  votes  of  a  majority  of  the  Dele¬ 
gates  elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred 
to  the  Committee  on  Phraseology  and  Style  for  action,  as  provided  by 


Rule  20. 

Mr.  Barr  moved  to  reconsider  the  vote  by  which  Report  No.  14  • 


was  adopted. 

Mr.  Dunlap  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in 
the  affirmative. 

At  the  hour  of  5  :40  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  8  :00  o’clock  p.  m. 

The  question  being  on  the  motion  to  take  a  recess,  a  division  of  the 
Convention  was  had,  resulting  as  follows :  Yeas,  48 ;  nays,  27. 

And  the  motion  prevailed. 


8:00  o'Clock  P.  M. 

The  hour  of  8:00  o’clock  p.  m.  having  arrived  the  Convention 

resumed  its  session. 

The  President  presiding. 

The  Convention  proceeding  upon  the  consideration  of  Report  No.  4, 
of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Education, 

section  4  thereof  was  again  taken  up.  . 

Whereupon  Mr.  Dietz  offered  the  following  as  a  substitute  for  sec¬ 
tion  4,  as  amended,  and  moved  its  adoption : 

Amend  section  4  by  substituting  therefor  the  following. 

“Section  4.  Except  in  payment  of  temporary  rent,  of  temporary  hos¬ 
pital  service,  or  of  purchase  price,  or,  (in  the  event,  and  only  in  the  event, 


1922.] 


CONSTITUTIONAL  CONVENTION. 


689 


that  other  institutions  or  agencies  are  not  adequate  or  available),  of  not  to 
exceed  the  cost  of  temporarily  maintaining  and  supporting  during  their 
terms  of  commitment,  neglected,  defective,  dependent  or  delinquent  persons, 
committed  by  courts  of  competent  jurisdiction  to  institutions  or  agencies 
under  public  inspection,  no  public  money  shall  be  paid  or  other  public  prop¬ 
erty  be  given  or  applied  for  any  sectarian  purpose  or  to  any  institution  con¬ 
trolled  by  a  church  or  sect.” 

And  the  substitute  for  section  4  was  adopted. 

Mr.  Davis  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  16. 


Amend  section  4,  as  amended,  by  striking  out  the  word  “other”  in  line 
3,  and  inserting  in  lieu  thereof  the  word  “public.” 


The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  44;  nays,  32. 
And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  4,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  73;  nays,  6. 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adamkiewicz 

Dawes 

Hull 

Michal 

Baldwin 

Dietz 

Iarussi 

Miller 

Barr 

Dunlap 

Jack 

Mills 

Beckman 

Dupuy,  G.  A. 

Jarman 

Moore 

Brenholt 

Fifer 

Johnson,  L.  C 

O’Brien 

Brewster 

Gale 

Kerrick 

Paddock 

Cary,  C.  D. 

Ganschow 

Kunde 

Parker 

Carlstronx 

Garrett 

Batchford 

Pincus 

Catron 

Gilbert 

Lill 

Quinn 

Clarke 

Goodyear 

Lindly 

Revell 

Coolley 

Gray 

Mack 

Rosenberg 

Corlett 

Green 

Mayer 

Shanahan 

Cruden 

Hamill 

McEwen 

Shuey 

Cutting 

Hogan 

McGuire 

Six 

Davis 

Hollenbeck 

Meinert 

Those 

voting  in  the  negative  are: 

Messrs. 

Adams 

Mighell 

Pinnell 

Stahl 

Brandon 


Smith 

Sneed 

Sutherland 

Tebbens 

Todd 

Torrance 

Traeg'er 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Woodward 

Mr.  President 

Yeas — 73. 


Taff 

Nays — 6. 


Answering  present  but  not  voting :  Mr. 

Rinaker 

Mr.  Davis  moved  to  reconsider  the  vote  by  which 


Present — 1. 

section  4  was 


adopted. 

Mr.-  Shanahan  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in 

the  affirmative. 

The  Convention  proceeding  upon  the  consideration  of  Report  No.  8, 
of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Chicago 
and  Cook  County,  section  15  thereof  was  taken  up  and  read  at  large. 
Whereupon  Mr.  Hull  offered  the  following  amendment  and  moved 

its  adoption : 


Amendment  No.  11. 

Amend  section  15  by  striking  out  the  words  “5  per  cent  of  the  full  value 
of  the  taxable  property  therein”  and  inserting  in  lieu  thereof  the  following: 
“7  per  cent  of  the  full  value  of  the  taxable  real  property  therein,  and  by 
inserting  the  word  “real”  after  the  word  “taxable”  in  line  16. 

And  the  amendment  was  adopted. 

—44  C  J 


690 


JOURNAL  OF  THE 


[May  4, 


Mr.  Miller  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  12. 

Amend  section  15  by  adding  thereto  the  following:. 

“No  municipal  corporation  wholly  or  partly  within  the  city  (except  the 
County  of  Cook)  shall  hereafter  have  its  indebtedness  increased  without  the 
city’s  consent.” 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  15,  as  amended, 


a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  69 ;  nays,  0. 


Those 

voting  in  the  affirmative  are: 

Messrs. 

Adams 

Cutting1 

Gray 

McGuire 

Six 

Adamkiewicz 

Davis 

Green 

Meinert 

Smith 

Baldwin 

Dawes 

Hamill 

Michal 

Sneed 

Barr 

De  Young 

Hogan 

Miller 

Sutherland 

Beckman 

Dryer 

Hollenbeck 

Mills 

Tebbens 

Brandon 

Dunlap 

Hull 

Moore 

Todd 

Brenholt 

Dupuy,  Gr.  A- 

Iarussi 

O’Brien 

Traeger 

Cary,  C.  D. 

Elting 

Jack 

Paddock 

Trautmann 

Carlstrom 

Gale 

Johnson,  L.  C. 

Parker 

Wall 

Catron 

Ganschow 

Kunde 

Pincus 

Warren 

Clarke 

Garrett 

Latchford 

Quinn 

Wolff 

Coolley 

Gee 

Lill 

Revell 

Woodward 

Corlett 

Gilbert 

Lindly 

Rosenberg 

Mr.  President 

Cruden 

Goodyear 

McEwen 

Shuey 

Yeas — 
Nays— 

Answering  present  but  not  voting:  Messrs. 

Mayer  Mighell  Present — 2. 

Section  15,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Mr.  Hull  offered  the  following  amendment  to  Report  Ho.  8,  to  be 
known  as  section  15A,  and  moved  its  adoption: 


Amendment  No.  13. 

Amend  Report  No.  8,  by  adding  a  new  section  thereto  to  be  known  as 
section  15A,  as  follows: 

“Section  15A.  Neither  the  county  of  Cook  nor  any  city,  township  school 
district  or  other  municipal  corporation  in  said  county  shall  become  indebted 
in  the  aggregate,  including  its  existing  debt  to  an  amount  exceeding  7  per 
cent  of  the  value  of  the  taxable  real  property  therein  as  ascertained  by  the 
last  assessment  for  State  and  county  taxes  previous  to  incurring  the  debt. 
The  corporate  body  incurring  any  such  debt  shall  before  or  at  the  time  of 
doing  so  provide  for  the  collection  of  a  direct  annual  tax  sufficient  to  pay 
the  interest  on  the  debt  and  to  pay  the  principal  thereof  in  equal  annual 
installments  within  twenty  years,  but  provision  may  be  made  for  the  pay¬ 
ment  of  any  part  of  such  debt  in  advance.” 

And  the  amendment  was  adopted. 

And  the  question  being  on  the  adoption  of  section  15 A,  a  call  of 
the  roll  was  had,  resulting  as  follows:  Yeas,  75;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


691 


Those  voting  in  the  affirmative  are: 


Adams 

Adamkiewicz 

Baldwin 

Barr 

Beckman 

Brandon 

Brenholt 

Cary,  C.  D. 

Carlstrom 

Catron 

Clarke 

Coolley 

Corlett 

Cruden 

Cutting1 

Davis 


Dawes 

De  Young 

Dietz 

Dryer 

Dunlaj) 

Dupuy,  G.  A. 

Elting 

Fifer 

Gale 

Ganschow 

Garrett 

Gee 

Goodyear 

Gray 

Green 


Hamill 

Hogan 

Hollenbeck 

Hull 

Iarussi 

Jack 

Jarman 

Johnson,  L.  C. 

Kunde 

Latchford 

Lill 

Lindly 

Mack 

McEWen 

McGuire 


Messrs. 

Meinert 

Michal 

Mighell 

Miller 

Mills 

Moore 

O’Brien 

Paddock 

Parker 

Pincus 

Pinnell 

Quinn 

Revell 

Rosenberg 

Shanahan 


Answering  present,  but  not  voting:  Mr. 


Shuey 

Six 

Smith 

Sneed 

Sutherland 

Tebbens 

Todd 

Traeger 

Wall 

Warren 

Wilson 

Wolff 

Woodward 

Mr.  President 

Yeas — 75. 

Nays — 0. 


Mayer 


Present — 1. 


Section  15A,  having  received  the  votes  of  a  majority  of  the  Dele¬ 
gates  ejected,  was  declared  passed,  and,  under  the  rules,  was  re-referred 
to  the  Committee  on  Phraseology  and  Style  for  action,  as  provided  bv 
Rule  20.  1 


Section  15^  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Miller  offered  the  following  amendment  and  moved 
its  adoption : 


Amendment  No.  14. 


Amend  section  15  y2  by  adding  the  word  “neither”  as  the  first  word  and 
adding  after  the  word  “Chicago”  the  following  “nor  any  of  the  municipal 
corporations  authorized  by  this  article  to  be  consolidated  therewith”  and 
changing  “no”  to  “any”  so  that  it  will  read:  “Neither  the  City  of  Chicago 
nor  any  of  the  municipal  corporations  authorized  bv  this  article  to  be  con¬ 
solidated  herewith  shall  incur  any.” 


The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  27;  nays,  39. 
And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  the  section,  a  call  of 

^  ^11  - - T _ _ ur  n  n  _ 


Adams 

Adamkiewicz 

Baldwin 

Barr 

Beckman 

Brandon 

Brenholt 

Carlstrom 

Clarke 

Coolley 

Corlett 

Cruden 

Cutting 

Davis 

Dawes 


ing  in  the  affirmative  are: 

Messrs. 

De  Young 

Hollenbeck 

Michal 

Dryer 

Hull 

Miller 

Dunlap 

Iarussi 

Mills 

Dupuy,  G.  A. 

Jack 

Moore 

Elting 

Jarman 

O’Brien 

Gale 

Johnson,  L.  C. 

Paddock 

Ganschow 

Kunde 

Parker 

Garrett 

Latchford 

Pincus 

Gee 

Lill 

Pinnell 

Gilbert 

Lindly 

Quinn 

Goodyear 

Mack 

Revell 

Gray 

Mayer 

Rosenberg 

Green 

McEwen 

Shanahan 

Hamill 

McGuire 

Shuey 

Hogan 

Meinert 

Six 

Smith 

Sneed 

Sutherland 

Taff 

Tebbens 

Todd 

Traeger 

Wall 

Warren 

Wolff 

Woodward 

Mr.  President 

Yeas — 72. 

Nays — 0. 


Present — 2. 


Answering  present  but  not  voting:  Messrs. 

Cary,  c.  D.  Stahl 

Section  15  y2,  having  received  the  votes  of  a  majority  of  the  Dele¬ 
gates  elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred 

to  the  Committee  on  Phraseology  and  Style  for  action,  as  provided  by 

Rule  20. 


692  journal  of  the  [May  4, 

By  unanimous  consent,  on  motion  of  Mr.  Hull,  consideration  of 
sections  16  and  17  was  postponed. 

Mr.  Hull  offered  the  following  amendments  to  Report  Ho.  8,  to  be 
known  as  sections  16a  and  17a,  and  moved  their  adoption: 

Amendment  No.  15. 

Amend  Report  No.  8,  by  adding  a  new  section  thereto  to  be  known  as 
section  16A,  as  follows: 

“Section  16A.  The  City  of  Chicago  may  issue  bonds  (in  addition  to  any 
debt  otherwise  permitted  by  this  Constitution)  up  to  15  per  cent  of  the  full 
value  of  the  taxable  real  property  therein  as  ascertained  by  the  last  assess¬ 
ment  for  State  and  county  taxes  previous  to  the  issuing  fo  such  bonds;  but 
any  such  bonds  may  be  issued  only  for  acquiring,  leasing,  constructing  or 
operating  income-producing  property  for  supplying  transportation,  communi¬ 
cation,  light,  heat,  power  or  water.  At  or  before  the  time  of  issuing  any 
such  bonds  the  city  shall  provide  for  the  collection  of  a  direct  annual  tax 
sufficient  to  pay  the  interest  thereon  and  the  principal  thereof  within  thirty 
years.  Unless  otherwise  provided  in  the  ordinance  authorizing  the  issuance 
of  any  bonds  for  financing  any  such  income-producing  public  utility  such 
bonds  shall  be  held  to  be  issued  uyder  the  foregoing  provisions  of  this  sec¬ 
tion. 

“The  city  having  issued  bonds  under  the  provisions  of  this  section  shall 
thereafter,  at  least  four  months  before  any  tax  for  the  payment  of  the  princi¬ 
pal  and  interest  of  any  such  bonds  or  for  the  payment  of  the  principal  and 
interest  of  any  other  indebtedness  incurred  for  financing  the  same  utility 
becomes  collectible  by  law,  deposit  with  its  treasurer,  out  of  the  gross  earn¬ 
ings  of  the  utility  for  financing  which  the  debt  to  be  discharged  by  any  such 
tax  was  incurred,  a  sum  equal  in  amount  to  such  tax.  The  money  so  de¬ 
posited  shall  be  used  only  to  pay  such  principal  and  interest.  To  the  extent 
that  such  funds  are  deposited  prior  to  the  collection  of  any  such  tax  it  shall 
not  be  collected. 

“The  city  having  issued  bonds  under  the  provisions  of  this  section  shall 
thereafter  establish  and  maintain  such  rates  or  charges  for  the  service  sup¬ 
plied  as  may  be  necessary  to  provide  at  least  sufficient  revenue  to  pay  (a) 
the  principal  and  interest  of  all  outstanding  bonded  or  other  indebtedness 
incurred  for  financing  such  utility,  and  (b)  the  cost  and  expense  involved 
in  or  incidental  to  the  ownership,  operation  and  maintenance  of  such 
utility,  including  reserves  for  repairs  and  renewals  necessary  to  maintain 
the  properties  in  first  class  condition. 

“Any  taxpayer  of  the  city  shall  have  the  right  (which  shall  not  be  ex¬ 
clusive  in  him)  to  enforce  the  provisions  of  this  section  by  appropriate 
proceedings  in  the  Circuit  Court  of  the  county.  Such  court  shall  enforce 
these  provisions  and  for  such  purpose  shall  have  all  necessary  powers  in¬ 
cluding  the  power  to  regulate  the  service  supplied  by  any  such  utility.” 

Amendment  No.  16. 

Amend  section  No.  8,  by  adding  a  new  section  thereto  to  be  known  as 
section  17a,  as  follows: 

“Section  17a.  Each  issue  of  bonds  or  other  securities  by  the  city  for 
financing  any  income-producing  public  utility  shall  be  payable  in  substan¬ 
tially  equal  annual  installments  of  principal  and  interest  combined  begin¬ 
ning  not  more  than  five  years  from  the  date  thereof,  but  provisions  may  be 
made  for  the  payment  of  any  part  of  such  debt  in  advance.  No  such  bonds 
or  other  securities  shall  be  issued  unless  the  proposition  therefor  is  approved 
at  an  election  by  a  majority  of  those  voting  on  the  question. 

The  City  of  Chicago  if  it  shall  own  or  operate  any  such  public  utility, 
shall  conform  to  the  requirements  for  keeping  such  account  and  for  the 
audit  thereof  and  for  making  reports  that  may  be  prescribed  by  law  for  a 
like  utility  privately  owned. 

Laws  may  be  passed  in  aid  of  this  and  the  preceding  section.” 


1922.] 


CONSTITUTIONAL  CONVENTION. 


693 


Pending  consideration,  at  the  hour  of  11 :18  o’clock  p.  hi.,  Mr. 
Mayer  moved  that  the  Convention  do  now  adjourn. 

The  motion  was  lost. 

And  the  Convention  refused  to  adjourn. 

The  question  recurring  on  the  adoption  of  Amendment  No.  15,  it 
was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  section,  pending  roll 
call,  on  motion  of  Mr.  Davis,  further  consideration  of  section  16a  was 
postponed. 

By  unanimous  consent  Mr.  Shanahan  was  excused  from  attendance 
at  the  sessions  of  the  Convention  tomorrow. 

At  the  hour  of  11:30  o’clock  p.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  adojurn  until  9  :00  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


694 


JOURNAL  OF  THE 


[May  5. 


FRIDAY,  MAY  5,  1922,  9  :00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  Lewis  B.  Landreth,  of  the  Immacu¬ 
late  Conception  Church,  of  Carthage. 

The  Journal  of  Wednesday,  May  3,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken 
up  and  no  corrections  appearing  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25,  the  Secretary 
called  the  roll  of  the  Convention,  which  resulted  as  follows:  Present,  78. 

Those  voting  present  were :  Messrs. 


Adama 

Davis 

Gray 

McEwen 

Smith 

Adamkiewicz 

Dawes 

Green 

McGuire 

Sneed 

Baldwin 

De  Young 

Hamill 

Meinert 

Stahl 

Barr 

Dietz 

Hogan 

Miller 

Sutherland 

Beckman 

Dryer 

Hollenbeck 

Mills 

TafE 

Brandon 

Dunlap 

Hull 

Moore 

Tebbens 

Brenholt 

Dupuy,  G.  A. 

Iarussi 

Paddock 

Todd 

Brewster 

Elting 

Jack 

Pincus 

Torrance 

Cary,  C.  D. 

Fifer 

Jarman 

Pinnell 

Traeger 

Carlstrom 

Fyke 

Johnson,  L.  C. 

Quinn 

Trautmann 

Catron 

Gale 

Kerrick 

Revell 

Wall 

Clarke 

Ganschow 

Kunde 

Rinaker 

Warren 

Coolley 

Garrett 

Latchford 

Rosenberg 

Wilson 

Corlett 

Gee 

Bill 

Shuey 

Wolff 

Cruden 

Gilbert 

Lindly 

Six 

Mr.  President 

Cutting 

Goodyear 

Mack 

Present — 

By  unanimous  consent,  Mr.  Kichols  was  excused  from  attendance  at 
the  sessions  of  the  Convention  for  the  balance  of  this  week. 

The  Convention  proceeding  upon  the  consideration  of  Report  Ko. 
18,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Judicial 
Department,  section  26,  of  the  report  of  the  Committee  of  the  Whole, 
was  taken  up  and  read  at  large. 

Mr.  Sutherland  moved  the  previous  question  on  section  26. 

And  the  question  being  “Shall  the  main  question  be  now  put?”  it 
was  decided  in  the  affirmative. 

Mr.  DeYoung  offered  the  following  as  a  substitute  for  section  26, 
and  moved  its  adoption : 

Amend  section  26  by  substituting  therefor  the  following: 

“Section  26.  The  county  of  Cook  shall  constitute  one  judicial  circuit. 
On  the  first  Monday  of  May,  A.  D.  1923,  the  Circuit,  Superior,  Criminal, 
County  and  Probate  Courts  of  Cook  County,  the  Municipal  Court  of  Chicago 
and  the  City  Court  of  Chicago  Heights  shall  be  consolidated  into  one  court 
of  record,  to  be  known  as  the  Circuit  Court  of  Cook  County.” 

The  question  being  on  the  adoption  of  the  substitute,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  42;  nays,  22. 

And  the  substitute  for  Amendment  Xo.  26  was  adopted. 

The  question  then  being  on  the  adoption  of  section  26,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  59;  nays,  14. 


1922.]  •  CONSTITUTIONAL  CONVENTION.  695 


Those 

voting  in  the 

affirmative  are :  Messrs. 

Baldwin 

Cutting 

Green 

Miller 

Sutherland 

Barr 

Davis 

Hamill 

Moore 

Taft 

Beckman 

Dawes 

Hogan 

Paddock 

Todd 

Brandon 

De  Young 

Hull 

Pinnell 

Torrance 

Brenholt 

Dryer 

Jack 

Quinn 

Traeger 

Brewster 

Dunlap 

Johnson,  L. 

C.  Revell 

Trautmann 

Cary,  C.  D. 

Fifer 

Kerrick 

Rinaker 

Wall 

Carlstrom 

Gale 

Lill 

Shuey 

Warren 

Catron 

Gee 

Lindly 

Six 

Wilson 

Clarke 

Gilbert 

Mack 

Smith 

Wolff 

Coolley 

Goodyear 

McGuire 

Sneed 

Mr.  President 

Corlett 

Gray 

Meinert 

Stahl 

Yeas — 59. 

Those 

voting  in  the  negative  are: 

Messrs. 

Adams 

Elting 

Iarussi 

Latchford 

Pincus 

Adamkiewicz 

Ganschow 

Jarman 

McEwen 

Tebbens 

Dupuy,  G.  A. 

Garrett 

Kunde 

Mills 

Nays — 14. 

Answering  present  but  not  voting : 

Messrs. 

Cruden 

Hollenbeck 

Present — 2. 

Section  26,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  27,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute,  for 
section  27,  and  moved  its  adoption: 

Amend  section  27  by  substituting  therefor  the  following: 

“Section  27.  The  Circuit  Court  of  Cook  County  shall  have  original  juris¬ 
diction  of  all  causes,  matters  and  proceedings  of  every  kind  and  nature 
requiring  judicial  action  and  of  appeals  from  justices  of  the  peace.” 


And  the  substitute  for  section  27  was  adopted. 

The  question  then  being  on  the  adoption  of  section  27,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  70 ;  nays,  0. 


Those  voting  in  the  affirmative  are:  Messrs. 

Adams 

Davis 

Green 

Mack 

Sneed 

Adamkiewicz 

Dawes 

Hamill 

McGuire 

Stahl 

Baldwin 

De  Young 

Hogan 

Meinert 

Sutherland 

Barr 

Dryer 

Hollenbeck 

Michal 

Taff 

Beckman 

Dunlap 

'  Hull 

Mills 

Todd 

Brandon 

Elting 

Iarussi 

Moore 

Torrance 

Brenholt 

Pifer 

Jack 

Paddock 

Traeger 

Brewster 

Gale 

Jarman 

Pinnell 

Trautmann 

Cary,  C.  D. 

Ganschow 

Johnson,  L. 

C.  Quinn 

Wall 

Carlstrom 

Garrett 

Kerrick 

Revell 

Warren 

Catron 

Gee 

Kunde 

Rinaker 

Wilson 

Clarke 

Gilbert 

Latchford 

Shuey 

Wolff 

Coolley 

Goodyear 

Lill 

Six 

Mr.  President 

Cruden 

Gray 

Lindly 

Smith 

Yeas — 70. 

Cutting 

Nays — 0. 

Answerin 

g  present  but  not  voting: 

Messrs. 

McEwen 

Pincus 

Tebbens 

Present — 3. 

Section  27,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  28,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  28,  and  moved  its  adoption : 

Amend  section  28  by  substituting  therefor  the  following: 

“Section  28.  The  Circuit  Court  of  Cook  County  shall  consist  of  thirty- 
three  judges  until  their  number  shall  be  increased  or  decreased  as  herein 


JOURNAL  OF  THE 


[May  5. 


696 


provided.  The  judges  of  the  Circuit,  Superior,  County  and  Probate  Courts 
of  Cook  County  in  office  on  the  first  Monday  of  May,  A.  D.  1923,  except  the 
judges  of  the  Circuit  and  Superior  Courts  of  Cook  County,  by  the  adoption  of 
this  Constitution  made  judges  of  the  Appellate  Court  for  the  First  District, 
whose  offices  as  judges  of  the  Circuit  and  Superior  Court  of  said  county 
thereby  cease  to  exist,  shall  be  the  judges  of  said  consolidated  court  and 
shall  continue  to  hold  office  during  the  respective  terms  for  which  they  were 
elected  or  appointed,  and  until  their  successors  are  elected  and  shall  qualify. 
The  Chief  Justice  and  the  associate  judges  of  the  Municipal  Court  of  Chicago 
shall  be  associate  judges  of  said  Circuit  Court  and  shall  continue  to  hold 
office  during  the  respective  terms  for  which  they  were  elected  or  appointed 
as  Chief  Justice  or  associate  judges  of  the  Municipal  Court  of  Chicago  and 
one  vear  in  addition  thereto,  at  the  end  of  which  terms  their  respective 
offices  as  associate  judges  of  said  Circuit  Court  shall  cease  to  exist.  The 
term  of  office  of  judges  of  the  Circuit  Court  of  Cook  County  elected  after  the 
adoption  of  this  Constitution,  other  than  judges  elected  or  appointed  to  till 
unexpired  terms,  shall  be  six  years  from  the  day  of  their  election.  There 
shall  be  elected  to  the  office  of  judge  of  the  Circuit  Court  of  Cook  Count} ,  at 
the  annual  election  in  November,  A.  D.  1923,  successors  to  such  of  the  judges 
of  the  Superior  Court  whose  terms  shall  expire  in  said  year;  at  the  annual 
election  in  November,  A.  D.  1925,  a  successor  to  the  judge  of  the  Superior 
Court  whose  term  shall  expire  in  said  year,  together  with  eight  additional 
judges  of  said  Circuit  Court;  at  the  annual  election  in  November  A.  D.  192/, 
successors  to  the  judges  of  the  Circuit  Court  and  to  the  judge  of  the  Superior 
Court  whose  terms  shall  expire  in  said  year,  and  to  the  judges  of  the  Count} 
and  Probate  Courts,  elected  in  the  year,  A.  D.  1922,  together  with  eight  addi¬ 
tional  judges  of  said  Circuit  Court;  at  the  annual  election  in  November,  A.  D. 
1929,  successors  to  the  judges  of  the  Circuit  Court  whose  terms  shall  expire 
in  said  year,  together  with  eight  additional  judges  of  said  Circuit  Court. 
Subsequently  at  the  annual  election  in  November  of  the  year  in  which  the 
terms  of  any  judges  of  said  consolidated  court  shall  expire  and  every  six 
years  thereafter  successors  to  such  judges  shall  be  elected.  At  all  elections 
for  judges  of  the  Circuit  Court  of  Cook  County  the  ballots  for  such  judges 
shall  be  separate  and  distinct  from  the  ballots  for  all  other  officei  s. 


And  the  substitute  for  section  28  was  adopted. 

The  question  then  being  on  the  adoption  of  section  28,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  69 ;  nays,  0. 


Those 

Adams 

Adamkiewicz 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Catron 

Clarke 

Coolley 

Corlett 

Cruden 


voting  in  the  affirmative  are:. 


Davis 

Dawes 

De  Young 

Dryer 

Dunlap 

Elting 

Flfer 

Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 

Gray 


Green 

Hamill 

Hogan 

Hollenbeck 

Hull 

Iarussi 

Jack 

J  arman 

Johnson,  L.  C. 

Kerrick 

Kunde 

Latchford 

Lill 

Lindly 


Messrs. 

Mack 

McGuire 

Meinert 

Miller 

Mills 

Moore 

Paddock 

Pinnell 

Quinn 

Revell 

Rinaker 

Shuey 

Six 

Smith 


Sneed 

Stahl 

Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

WolfT 

Mr.  President 

Yeas— 69. 
Nays — 0. 


Answering  present  but  not  voting:  Mr. 

_  _  ,  Present — 1. 

McEwen  ...  t>  ,i  -rv  l  x 

Section  28,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Buie  ~0. 
Section  29,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 


up  and  read  at  large.  „ 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  tor 

section  29  and  moved  its  adoption : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


697 


Amend  section  29  by  substituting  therefor  the  following: 

“Section  29.  The  associate  judges  of  the  Circuit  Court  of  Cook  County 
shall,  until  the  termination  of  their  respective  offices,  perform  such  judicial 
duties  in  the  classes  of  cases  which  were  within  the  jurisdiction  of  the 
Criminal  Court  of  Cook  County  at  the  time  of  the  adoption  of  this  Constitu¬ 
tion,  and  also  in  the  classes  of  cases  arising  in  the  county  of  Cook  of  which, 
if  arising  in  the  city  of  Chicago,  the  Municipal  Court  of  Chicago  had  juris¬ 
diction  at  the  time  of  the  adoption  of  this  Constitution,  as  they  may  be 
assigned  to  perform;  and  during  the  periods  of  their  terms  of  office  as  such 
associate  judges,  they  shall  receive  the  salaries  allowed  them  by  the  laws 
in  force  on  the  first  Monday  of  May,  A.  D.  1922,  one-half  of  which  salaries 
shall  be  payable  out  of  the  State  treasury  and  one-lialf  out  of  the  county 
treasury  of  Cook  County.” 

And  the  substitute  for  section  29  was  adopted. 


The  question  then  being  on  the  adoption  of  section  29,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  69;  nays,  0. 


Those 

voting  in  the  affirmative  are :  Messrs. 

Adams 

Davis 

Gray 

Mack 

Sneed 

Adamkiewicz 

Dawes 

Green 

McGuire 

Stahl 

Barr 

De  Young 

Hamill 

Meinert 

Sutherland 

Beckman 

Dryer 

Hogan 

Miller 

Taff 

Brandon 

Dunlap 

Hollenbeck 

Mills 

Todd 

Brenholt 

Dupuy,  G.  A. 

Hull 

Moore 

Torrance 

Brewster 

Elting 

Iarussi 

Paddock 

Traeger 

Cary,  C.  D. 

Fifer 

Jack 

Pinnell 

Trautmann 

Carlstrom 

Gale 

Johnson,  L. 

C.  Quinn 

Wall 

Catron 

Ganschow 

Kerrick 

Revell 

W  arren 

Clarke 

Garrett 

Kunde 

Rinaker 

Wilson 

Coolley 

Gee 

Latchford 

Shuey 

Wolff 

Corlett 

Gilbert 

Lill 

Six 

Mr.  President 

Cruden 

Goodyear 

Lindly 

Smith 

Yeas — 69. 
Nays — 0. 

Answering  present  but  not  voting : 

McEwen  Pincus 

Messrs. 

Present — 2. 

Section  29,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Section  30,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  30,  and  moved  its  adoption : 

Amend  section  30  by  substituting  therefor  the  following: 

“Section  30.  The  Circuit  Court  of  Cook  County  shall  sit  at  the  city  of 
Chicago.  The  General  Assembly  may,  however,  provide  for  the  holding  of 
branches  of  said  court  in  cities,  villages  and  incorporated  towns  within  said 
county,  other  than  the  city  of  Chicago,  which  have  a  population  of  at  least 
five  thousand  inhabitants,  providing  suitable  quarters  for  the  holding  of 
such  branches  of  said  court  shall  be  provided  by  such  cities,  villages  and 
incorporated  towns  without  expense  to  the  county  or  the  State.” 

And  the  substitute  for  section  30  was  adopted. 

The  question  then  being  on  the  adoption  of  section  30,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  70;  nays,  0. 


698 


JOURNAL  OF  THE 


[May  5, 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Cutting 

Green 

McEwen 

Sneed 

Adamkiewicz 

Davis 

Hamill 

McGuire 

Stahl 

Baldwin 

Dawes 

Hogan 

Meinert 

Sutherland 

Barr 

De  Young 

Hollenbeck 

Miller 

Taff 

Beckman 

Dryer 

Hull 

Mills 

Todd 

Brandon 

Dunlap 

Iarussi 

Moore 

Torrance 

Brenholt 

Dupuy,  G.  A. 

Jack 

Paddock 

Traeger 

Brewster 

Elting 

J  arman 

Pinnell 

Trautmann 

Cary,  C.  D. 

F'ifer 

Johnson,  Lt.  C. 

Quinn 

Wall 

Carlstrom 

Gale 

Kerrick 

Revell 

Warren 

Catron 

Ganschow 

Kunde 

Rinaker 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Wolff 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Smith 

Yeas — 70. 

Cruden 

Gray 

Mack 

Nays — 0. 

Answering  present  but  not  voting :  Mr. 

Pincus  Present — 1. 


Section  30,  having  received  the  votes  of  a  majority  of'  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-ref  erred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

At  the  hour  of  12  :40  o’clock  p.  m.,  Mr.  Gale  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2  :00  o'Clock  P.  M. 

The  hour  of  2:00  o’clock  p.  m.  having  arrived,  the  Convention 
resumed  its  session. 

The  President  presiding. 

Section  31,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  31,  and  moved  its  adoption: 

Amend  section  31  by  substituting  therefor  the  following: 

“Section  31.  The  Supreme  Court  shall  establish  two  divisions  of  the 
Circuit  Court  of  Cook  County,  one  to  be  known  as  the  criminal  division 
which  shall  dispose  of  all  cases  of  criminal  or  quasi-criminal  nature,  and  the 
other  to  be  known  as  the  civil  division  which  shall  dispose  of  all  other  cases 
and  matters  not  criminal  and  shall  assign  from  time  to  time  the  judges  and 
associate  judges  of  said  court  to  service  in  the  respective  divisions.  One  of 
the  judges  assigned  to  each  division,  to  be  designated  by  the  Supreme  Court, 
shall  be  the  Chief  Justice  of  such  division  and  shall  have  power  and  authority 
to  establish  departments  and  branches  thereof,  to  appoint  presiding  judges 
of  departments;  to  assign  the  judges  and  associate  judges  serving  in  such 
division  to  duties  in  such  departments  and  branches,  and  to  change  such 
appointments  and  assignments  from  time  to  time  as  the  prompt  and  proper 
dispatch  of  the  business  of  said  court  may  require.  The  judges  and  associate 
judges  so  assigned  shall  perform  the  duties  appertaining  to  such  assign¬ 
ments.” 

And  the  substitute  for  section  31  was  adopted. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  12. 

Amend  section  31,  as  amended,  by  inserting  in  the  9th  line  after  the 
word  “have”  and  before  the  word  “power”  the  word  “such,”  and  by  striking 
out  from  the  10th  line  and  following  lines  everything  after  the  word 


1922.] 


CONSTITUTIONAL  CONVENTION. 


699 


“authority”  in  the  10th  line  and  by  inserting  in  lieu  of  part  stricken  out  the 
following:  “as  may  be  provided  by  the  Supreme  Court.” 

And  the  amendment  was  adopted. 


The  question  then  being  on  the  adoption  of  section  31,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  65;  nays,  0. 


Those 

voting  in  the  affirmative  are: 

Messrs. 

Adams 

Cutting 

Green 

McGuire 

Stahl 

Adamkiewicz 

Davis 

Hamill 

Meinert 

Sutherland 

Baldwin 

Dawes 

Hogan 

Miller 

Taft 

Barr 

De  Young 

Hollenbeck 

Mills 

Todd 

Beckman 

Dryer 

Hull 

Moore 

Torrance 

Brandon 

Dunlap 

Jack 

Paddock 

Traeger 

Brenholt 

F'ifer 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Brewster 

Gale 

Kerrick 

Quinn 

Wall 

Cary,  C.  D. 

Garrett 

Kunde 

Revel  1 

W arren 

Catron 

Gee 

Latchford 

Rinaker 

Wilson 

Clarke 

Gilbert 

Lill 

Shuey 

Wolff 

Coolley 

Goodyear 

Lindly 

Six 

Mr.  President 

Corlett 

Cruden 

Gray 

Mack 

Smith 

Yeas — 6 
Nays — 

Section  31,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  33,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  33,  and  moved  its  adoption  : 

Amend  section  33  by  substituting  therefor  the  following: 

“Section  33.  The  General  Assembly  may  increase  the  number  of  judges 
of  the  Circuit  Court  of  Cook  County,  in  addition  to  the  increases  hereinbefore 
provided,  by  adding  one  thereto  for  every  additional  fifty  thousand  inhabit¬ 
ants  in  said  county  above  the  population  of  three  million  four  hundred 
thousand.  The  number  of  the  judges  of  said  court  may  also  be  decreased 
by  the  General  Assembly  whenever  in  its  judgment  such  decrease  shall  be 
justified.” 


And  the  substitute  for  section  33  was  adopted. 

The  question  then  being  on  the  adoption  of  section  33,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  70;  nays,  0. 


Adams 

Adamkiewicz 

Baldwin 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Catron 

Clarke 

Coolley 

Corlett 

Cruden 


ng  in  the  affirmative  are : 

Messrs. 

Cutting 

Goodyear 

Mack 

Smith 

Davis 

Gray 

McEwen 

Stahl 

Dawes 

Green 

McGuire 

Sutherland 

De  Young 

Hamill 

Meinert 

Taff 

Dryer 

Hogan 

Miller 

Todd 

Dunlap 

Hollenbeck 

Mills 

Torrance 

Dupuy,  G.  A. 

Hull 

Moore 

Traeger 

Elting 

Jack 

Paddock 

Trautmann 

Fifer 

Jarman 

Pinnell 

Wall 

Gale 

Johnson,  L.  C. 

Quinn 

Warren 

Ganschow 

Kunde 

Revel  l 

Wilson 

Garrett 

Latchford 

Rinaker 

Wolff 

Gee 

Lill 

Shuey 

Mr.  President 

Gilbert 

Lindly 

Six 

Yeas — ' 

Nays — 0. 


Section  33,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  34,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  34,  and  moved  its  adoption : 


700 


JOURNAL  OF  THE 


[May  5, 


Adams 
Adamkiewicz 
Baldwin 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Clarke 
Cruden 


Dunlap 
Dupuy,  G.  A. 
Elting 
Fifer 
Gale 

Ganschow 
Garrett 
Goodyear 
Gray 


McEwen 
McGuire 
Meinert 
Miller 
Mills 
Moore 
Pinnell 
Quinn 
Rinaker 
'Shuey 
Six 
Smith 
Stahl 


Sutherland 

Taft 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 63. 
Nays — 0. 


Amend  section  34  by  substituting  therefor  the  following: 

“Section  34.  The  Supreme  Court  may  authorize  the  Chief  Justices  of  the 
•  -i  \nri  criminal  divisions  of  the  Circuit  Court  of  Cook  County,  b>  and 
wUl  the  adWce  and ‘consent  of  a  majority  of  the  judges  of  said  court  to 
onDoint  assistants,  who  shall  have  such  judicial  or  other  powers  and  duties 
t  tn  4-^p  business  before  said  court  as  the  Supreme  Couit  maj,  by 
rule  ’ describe The ^  salaries  of  said  assistants  shall  be  fixed  by  the.  board 
of  commTssioners  of  Cook  County  and  shall  be  paid  out  of  the  county  treasury 

of  that  county.” 

And  the  substitute  for  section  34  was  adopted. 

The  question  then  being  on  the  adoption  of  section  34,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Teas,  b 3;  nays,  >  . 

Those  voting  in  the  affirmative  are :  Messrs 

Davis  Green 

Dawes  Hamill 

DeYoung  Hogan 

Dryer  Holl0nt)®clc 

Hull 
Jack 
Jarman 
Johnson,  L.  C 
Kunde 
Latchford 
Lill 
Lindly 

m  Bray  Mack  -  .  . 

Section  34,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-re  era  o 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  hule  20. 
Section  32,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

Tip  a^hree^^n  ^  q  a.  Dupuy  offered  the  following  as  a  substitute 
for  section  32,  and  moved  its  adoption : 

SrtPhfe  “lT  be  in  office^ 

Circuit  Court  until  otherwise  provided  by  law. 

Ancl  the  substitute  for  section  32  was  adopted.  l  f| 

The  question  then  being  on  the  adoption  of  section  o,,  as  amended, 

a  call  of  the  roll  was  had,  resulting  as  follows:  leas,  ti,  nays,  u. 
Those  voting  in  the  affirmative  are :  Messrs. 

Cutting  Gray 

Davis 

Dawes  Hamill 

Hogan 
Hollenbeck 
Hull 
Jack 
Jarman 
Johnson,  L.  C. 

Kerrick 
Kunde 
Latchford 
Lill 
Lindly 
Mack 


Adams 

Adamkiewicz 

Baldwin 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Catron 

Clarke 

Coolley 

Corlett 

Cruden 


DeYoung 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fifer 

Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 


McEwen 

McGuire 

Meinert 

Miller 

Mills 

Moore 

Paddock 

Pinnell 

Quinn 

Revell 

Rinaker 

Shuey 

Six 

Smith 


Sneed 

Stahl 

Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 72. 
Nays — 0. 


CONSTITUTIONAL  CONVE^TIO^. 


1922.] 


701 


Section  32,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  35,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

up  and  read  at  large.  .  J 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  tor 

section  35,  and  moved  its  adoption : 

Amend  section  35  by  substituting  therefor  the  following. 

“Section  35.  The  electors  of  Cook  County,  equal  in  number  to  one-tenth 
of  the  total  vote  cast  for  president  of  the  county  board  at  the  last  preceding 
election  may  file  in  the  Circuit  Court  of  Cook  County  a  petition  to  submit  to 
a  vote  the  proposition  whether  the  county  shall  adopt  the  system  hereinafter 
provided  for  the  appointment  of  the  judges  of  the  Circuit  Court  ol  Cook 
County.  Thereupon  the  Chief  Justice  of  the  civil  division  of  that  court  by 
an  order  entered  of  record  shall  call  a  special  county  election  for  submitting 
such  proposition  within  ninety  days  after  such  order  is  entered.  The  elec¬ 
tion  shall  be  held  under  the  election  laws  in  force  in  the  county.  It  the 
proposition  is  approved  by  a  majority  of  those  voting  thereon,  it  shall  be 
declared  adopted  by  such  Chief  Justice.  If  the  proposition  is  not  approved 
it  shall  not  again  be  submitted  for  six  years.  The  form  of  the  petition  and 
its  verification,  and  of  the  ballots  to  be  used  at  the  election,  the  manner  o 
voting,  the  public  notice  to  be  given,  the  method  of  certifying  and  recording 
the  result  of  the  election,  and  other  necessary  details  shall  be  prescribed  by 
law,  or  by  the  Supreme  Court  if  not  prescribed  by  law.  After  the  adoption 
of  such  proposition  the  manner  of  choosing  judges  of  said  Circuit  Couit 
shall  be  as  follows:  The  Governor  shall  fill  any  vacancy  in  those  courts  by 
appointment  from  a  list  containing  the  names  of  not  less  than  foui  eligible 
persons  for  each  vacancy,  nominated  by  a  majority  of  the  Supreme  Court 
not  more  than  one-half  of  such  persons  to  be  affiliated  with  the  same  political 
party.  Each  judge  so  appointed  shall  hold  his  office  during  good  behavior, 
subject  to  removal  as  herein  provided.  At  the  annual  election  every  sixth 
year  after  the  adoption  of  such  system  of  appointment,  the  electois  of  the 
county  shall  be  given  an  opportunity  to  express  their  disapproval  of  the 
judges  so  appointed  and  then  in  office.  The  method  of  voting,  the  form  of 
ballots  to  be  used  at  such  election  and  other  necessary  details,  shall  be  pre¬ 
scribed  by  law.  If  a  majority  of  those  voting  at  the  election  express,  their 
disapproval  of  any  judge,  his  office  shall  become  vacant  at  the  expiration  of 
ninety  days  after  the  election,  and  for  a  period  of  six  years  thereafter  he 
shall  be  ineligible  to  appointment  as  a  judge  of  such  court.” 

And  the  substitute  for  section  35  was  adopted. 

The  question  then  being  on  the  adoption  of  section  35,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  64;  nays,  8. 


Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Goodyear 

Mack 

Shuey 

Baldwin 

Davis 

Gray 

McEwen 

Six 

Barr 

Dawes 

Green 

McGuire 

Smith. 

Beckman 

De  Young 

Hamill 

Meinert 

Stahl 

Brandon 

Dryer 

Hogan 

Miller 

Sutherland 

Brenholt 

Dunlap 

Hollenbeck 

Mills 

Todd 

Brewster 

Dupuy,  G.  A. 

Hull 

Moore 

Torrance 

Cary,  C.  D. 

Elting 

Jack 

Paddock 

Trautmann 

Carlstrom 

Fifer 

Jarman 

Pinnell 

Wall 

Catron 

Gale 

Johnson,  L. 

C.  Quinn 

Warren 

Clarke 

Garrett 

Kerrick 

Revell 

Wilson 

Coolley 

Gee 

Dill 

Rinaker 

Wolff 

Corlett 

Gilbert 

Lindly 

Rosenberg 

Mr.  President 

Yeas — 64 

Those 

voting  in  the  negative  are: 

Messrs. 

Adamkiewicz 

Kunde 

Pincus 

Tebbens 

Traeger 

Ganschow 

Latchford 

Sneed 

.Nays — : 

702 


JOUKNAL  OF  THE 


[May  5. 


Answering  present  but  not  voting:  Mr. 

Cruden  Present— 1. 

Section  35,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  36,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  Sutherland  offered  the  following  as  a  substitute  for 
section  36,  and  moved  its  adoption: 

Amend  section  36  by  substituting  therefor  the  following: 

“Section  36.  The  clerk  of  the  Circuit  Court  of  Cook  County  in  office  on 
the  first  Monday  of  May,  A.  D.  1923,  shall  be  the  clerk  of  the  Circuit  Court 
herein  provided  and  the  clerks  of  the  Superior,  Criminal  and  Probate  Courts 
of  Cook  County  and  of  the  Municipal  Court  of  Chicago  shall  during  the  terms 
for  which  they  were  respectively  elected,  be  chief  deputy  clerks  of  the 
Circuit  Court  of  Cook  County,  exercising  the  same  powers,  performing  the 
same  duties  and  receiving  the  same  salaries  as  on  the  first  Monday  of  May 
A.  D.  1923.  At  the  November  election  in  the  year  A.  D.  1924,  and  every  four 
years  thereafter,  there  shall  be  elected  a  clerk  of  the  Circuit  Court  of  Cook 
County.” 

And  the  substitute  for  section  36  was  adopted. 

The  question  then  being  on  the  adoption  of  section  36,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  71 ;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Davis 

Green 

McEwen 

Sneed 

Adamkiewicz 

Dawes 

Hamill 

McGuire 

Stahl 

Baldwin 

De  Young 

Hogan 

Meinert 

Sutherland 

Barr 

Dryer 

Hollenbeck 

Miller 

Taff 

Beckman 

Dunlap 

Hull 

Mills 

Todd 

Brandon 

Dupuy,  G.  A. 

Jack 

Moore 

Torrance 

Brenholt 

Elting 

Jarman 

Paddock 

Traeger 

Brewster 

F'ifer 

Johnson,  L. 

C.  Pinnell 

Trautmann 

Cary,  C.  D. 

Gale 

Kerrick 

Quinn 

Wall 

Carlstrom 

Ganschow 

Kunde 

Revell 

Warren 

Catron 

Garrett 

Latchford 

Rinaker 

Wilson 

Clarke 

Gee 

Lill 

Shuey 

Wolff 

Coolley 

Gilbert 

Lindly 

Six 

Mt.  President 

Corlett 

Cutting 

Goodyear 

Gray 

Mack 

Smith 

Yeas — 71. 
Nays — 0. 

Answering  present  but  not  voting : 
Cruden 

Mr. 

Present — 1. 

Section  36,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Mr.  DeYoung  offered  the  following  amendment  to  Report  Yo.  18,  to 
be  known  as  section  36A,  and  moved  its  adoption : 


Amendment  No.  13. 

Amend  Report  No.  18  by  adding  a  new  section  thereto  to  be  known  as 
section  36 A,  as  follows: 

“Section  36A.  After  five  years  from  the  adoption  of  this  Constitution 
the  General  Assembly  may  divide  the  Circuit  Court  of  Cook  County  into,  and 
divide  the  jurisdiction  thereof  between  two  courts  both  of  which  shall  be 
governed  by  the  provisions  of  this  article  so  far  as  applicable.  Before  the 
act  providing  for  such  division  shall  become  effective  it  shall  be  approved  by 
a  majority  of  those  voting  on  the  question  at  a  general  election.” 

And  the  amendment  was  adopted. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


703 


The  question  then  being  on  the  adoption  of  section  36a,  a  call  of 
the  roll  was  had,  resulting  as  follows :  Yeas,  'll ;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Cutting 

Gray 

Mack 

Sneed 

Adamkiewicz 

Davis 

Green 

Me  E  wen 

Stahl 

Baldwin 

Dawes 

Hamill 

McGuire 

Sutherland 

Barr 

De  Young 

Hogan 

Meinert 

Taft 

Beckman 

Dryer 

Hollenbeck 

Miller 

Todd 

Brandon 

Dunlap 

Hull 

Mills 

Torrance 

Brenholt 

Dupuy,  G.  A. 

Jack 

Moore 

Traeger 

Brewster 

Elting 

Jarman 

Paddock 

Trautmann 

Cary,  C.  D. 

Fifer 

Johnson,  L.  C. 

Pinnell 

Wall 

Carlstrom 

Gale 

Kerrick 

Revell 

Warren 

Catron 

Ganschow 

Kunde 

Rinaker 

Wilson 

Clarke 

Garrett 

Batchford 

Shuey 

Wolff 

Coolley 

Gee 

Lill 

Six 

Mr.  President 

Corlett 

Gilbert 

Lindly 

Smith 

Yeas — 71. 

Cruden 

Goodyear 

Nays — 0. 

Section  3 6 A,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  37,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  37,  and  moved  its  adoption : 

Amend  section  37  by  substituting  therefor  the  following: 

“Section  37.  The  Chief  Justice  of  the  civil  division  of  the  Circuit  Court 
of  Cook  County  shall  appoint  a  justice  of  the  peace  and  constable  in  and  for 
each  town  in  the  county  of  Cook  outside  of  the  city  of  Chicago,  and  in  and 
for  that  portion  of  each  town  partly  within  and  partly  without  said  city 
w'hich  is  outside  of  said  city,  each  of  whom  shall  hold  his  office  for  the  period 
of  two  years.  Any  such  justice  of  the  peace  or  constable  may  be  removed 
from  office  at  any  time  by  said  Chief  Justice,  and  the  cause  for  every  such 
removal  shall  be  entered  of  record.  Such  justices  of  the  peace  shall  have  the 
same  jurisdiction  and  such  constables  shall  perform  the  same  duties  as 
justices  of  the  peace  and  constables  respectively  have  and  perform  outside  of 
the  county  of  Cook.  An  additional  justice  of  the  peace  and  constable  may  be 
appointed  in  and  for  each  such  town  or  portion  of  a  town  for  every  addi¬ 
tional  ten  thousand  inhabitants  therein,  or  major  portion  thereof,  above  a 
population  of  ten  thousand.  Said  justices  and  constables  shall  receive  the 
respective  salaries  fixed  by  the  board  of  county  commissioners,  which  sal¬ 
aries  shall  be  paid  by  the  county  of  Cook;  and  all  fees  and  emoluments  re¬ 
ceived  by  them  shall  be  paid  into  the  treasury  of  that  county.” 

And  the  substitute  for  section  37  was  adopted. 

The  question  then  being  on  the  adoption  of  section  37,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  70;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Me  E  wen 

Sneed 

Adamkiewicz 

Davis 

Hamill 

McGuire 

Stahl 

Baldwin 

Dawes 

Hogan 

Meinert 

Sutherland 

Barr 

De  Young 

Hollenbeck 

Miller 

Taff 

Beckman 

Dryer 

Hull 

Mills 

Todd 

Brandon 

Dunlap 

Jack 

Moore 

Torrance 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Paddock 

Traeger 

Brewster 

Elting 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Cary,  C.  D. 

Fifer 

Kerrick 

Quinn 

Wall 

Carlstrom 

Gale 

Kunde 

Revell 

Warren 

Catron 

Ganschow 

Batchford 

Rinaker 

Wilson 

Clarke 

Garrett 

Bill 

Shuey 

Wolff 

Coolley 

Goodyear 

Bindly 

Six 

Mr.  President 

Corlett 

Cruden 

Gray 

Mack 

Smith 

Yeas — 70. 
Nays — 0. 

704 


JOURNAL  OF  THE 


[May  5, 


Section  37,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  1,  of  the  report  of  the  Committee  of  the  Whole  was  again 
taken  up. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  1,  and  moved  its  adoption : 

Amend  section  1  by  substituting  therefor  the  following: 

“Section  1.  The  judicial  powers  shall  be  vested  in  the  Supreme  Court, 
Appellate,  Circuit  and  County  Courts  and  justices  of  the  peace.” 

And  the  substitute  for  section  1  was  adopted. 

The  question  then  being  on  the  adoption  of  section  1,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  71;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Gray 

McEwen 

Sneed 

Adamkiewicz 

Davis 

Green 

McGuire 

Stahl 

Baldwin 

Dawes 

Hamill 

Meinert 

Sutherland 

Barr 

De  Young 

Hogan 

Miller 

Taft 

Beckman 

Dryer 

Hollenbeck 

Mills 

Todd 

Brandon 

Dunlap 

Hull 

Moore 

Torrance 

Brenholt 

Dupuy,  G.  A. 

Jack 

Paddock 

Traeger 

Brewster 

Elting 

Jarman 

Pinnell 

Trautmann 

Cary,  C.  D. 

Fifer 

Johnson,  L.  C. 

Quinn 

Wall 

Carlstrom 

Gale 

Kerrick 

Revell 

Warren 

Catron 

Ganschow 

Kunde 

Rinaker 

Wilson 

Clarke 

Garrett 

Lill 

Shuey 

Wolff 

Coolley 

Gee 

Lindly 

Six 

Mr.  President 

Corlett 

Gilbert 

Mack 

Smith 

Yeas — 71. 

Cruden 

Goodyear 

Nays — 0. 

Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  3,  of  the  report  of  the  Committee  of  the  Whole,  was  again 
taken  up. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  3,  and  moved  its  adoption : 

Amend  section  3  by  substituting  therefor  the  following: 

“Section  3.  The  Supreme  Court  shall  have  original  jurisdiction  in  cases 
relating  to  the  revenue,  in  quo  warranto,  mandamus,  habeas  corpus,  pro¬ 
hibition  and  other  cases  involving  questions  of  great  public  importance,  and 
appellate  jurisdiction  in  all  cases.  It  shall  have  exclusive  power  to  pre¬ 
scribe  rules  of  pleading,  practice  and  procedure  in  all  courts;  provided,  that 
the  Appellate,  Circuit  and  County  Courts  shall  have  power  to  make  rules 
for  their  respective  courts  not  inconsistent  with  the  rules  prescribed  by  the 
Supreme  Court.” 

And  the  substitute  for  section  3  was  adopted. 

The  question  then  being  on  the  adoption  of  section  3,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  70 ;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


705 


Those  voting  in  the  affirmative  are : 

Cutting  Goodyear 

Davis  Gray 

Dawes  Green 

De  Young 
Dryer 
Dunlap 
Dupuy,  G.  A. 

Elting 
Fifer 
Gale 

Ganschow 
Garrett 
Gee 
Gilbert 


Messrs. 


Adams 
Adamkiewicz 
Baldwin 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carl  strom 
Catron 
Clarke 
Coolley 
Corlett 
Cruden 


Hamill 

Hogan 

Hollenbeck 

Hull 

Jack 

Jarman 

Johnson,  L.  C. 

Kerrick 

Kunde 

Lill 

Lindly 


Mack 

Sneed 

McEwen 

Stahl 

McGuire 

Sutherland 

Meinert 

Taff 

Miller 

Todd 

Mills 

Torrance 

Moore 

Traeger 

Paddock 

Trautmann 

Pinnell 

Wall 

Revell 

Warren 

Rinaker 

Wilson 

Shuey 

Wolff 

Six 

Mr.  President 

Smith 

Yeas— 

Nays — 0. 


Section  3,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  5,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

up  and  read  at  large. 

Whereupon  Mr.  Trautmann  offered  the  following  as  a  substitute  tor 

section  5,  and  moved  its  adoption : 

Amend  section  5  by  substituting  therefor  the  following: 

“Section  5.  The  Supreme  Court  shall  consist  of  nine  justices,  one  of 
whom  to  be  chosen  by  themselves,  shall  be  Chief  Justice.  A  majority  of  toe 
justices  shall  constitute  a  quorum  and  the  concurrence  of  five  shall  be  neces¬ 
sary  to  every  decision.” 

Pending  discussion,  Mr.  Brandon  moved  the  previous  question. 
And  the  question  being,  “Shall  the  main  question  he  now  put  ?”  it 
was  decided  in  the  affirmative. 

And  the  question  being  on  the  adoption  of  the  substitute  for  section 
5,  a  division  of  the  Convention  was  had,  resulting  as  follows:  Teas,  24, 
nays,  43. 

And  the  substitute  for  section  5  was  lost. 

The  question  then  being  on  the  adoption  of  section  5,  as  amended,  a 
call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  66;  nays,  7. 

Messrs. 


Those  voting  in  the  affirmative  are 


Adams 
Adamkiewicz 
Baldwin 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Clarke 
Coolley 
Corlett 


Cutting 

Davis 

Dawes 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fifer 

Gale 

Ganschow 

Garrett 

Gee 


Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 

Hollenbeck 

Jack 

.T  arman 

Johnson,  L.  C. 

Kerrick 

Kunde 

Latch  ford 


Lill 

Lindly 

Mack 

McGuire 

Meinert 

Miller 

Mills 

Moore 

Paddock 

Pinnell 

Quinn 

Revel  1 

Rinaker 


Shuey 

Sneed 

Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 66. 


Messrs. 

Stahl 


Tebbens 


Those  voting  in  the  negative  are: 

Cruden  McEwen  Smith  -  - 

DeYoung  Pincus  in  ays  <• 

Section  5,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  aud  Style  for  action,  as  provided  by  Rule  20. 
Mr.  Jarman  moved  to  reconsider  the  vote  by  which  section  5  was 

adopted. 

—45  C  J 


706 


JOURNAL  OF  THE 


[May  5, 


Mr.  Green  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  u  as  ciecided  in  the 

affirmative.  ,  , 

Section  6,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 

up  and  read  at  large.  . 

Whereupon  Mr.  Mack  offered  the  following  as  a  substitute  for  sec 

tion  6  and  moved  its  adoption : 

Amend  section  6  by  substituting  therefor  the  following: 

“Section  6.  The  State  shall  be  divided  into  six  districts  for  the  election 

^‘The  First  District  shall  consist  of  the  county  of  Cook  and  two  justices 
shall  be  elected  from  that  district.  The  State  outside  the  county  of  Cook 
shall  be  divided  into  five  districts  for  the  election  of  justices,  and  until  other¬ 
wise  provided  by  law,  they  shall  be  as  follows.  , 

“Second  District:  The  counties  of  Lake,  McHenry,  Boone,  W  mnebao0, 
Stephenson,  JoDavies,  Carrol,  Ogle,  DeKalb,  Kane,  DuPage,  Lee,  Rock  Is  an  , 

“Third  District:  The  counties  of  Henry,  Bureau,  LaSalle,  Grundy,  Ken¬ 
dall,  Woodford,  Tazewell,  Mason,  Livingston,  Marshall.  Putnam,  Peoria, 
Stark,  Knox,  Fulton,  Schuyler,  Hancock,  McDonough,  Henderson,  Warren 

cl  H  *"1  ]\I  GTCGT 

“Fourth  District:  The  counties  of  Will,  Kankakee,  McLean,  Ford,  Iro¬ 
quois,  Champaign,  Vermilion,  Edgar,  Douglas,  Clark,  Coles,  Mou  trie,  ia  , 

DeWitt,  Macon,  Logan,  Menard  and  Sangamon. 

“Fifth  District:  The  counties  of  Adams,  Brown,  Pike,  Cass,  Scott, 
Morgan,  Calhoun,  Green,  Jersey,  Macoupin,  Madison,  Bond,  Montgomery, 
Christian,  Shelby,  Fayette,  Effingham,  Marion,  Clay,  Richmond,  Jasper,  Cum¬ 
berland,  Crawford  and  Lawrence.  TTT  .  .  ,  ,, 

“Sixth  District:  The  counties  of  St.  Clair,  Clinton,  Washington,  Monroe, 
Randolph,  Perry,  Jackson,  Union,  Alexander,  Pulaski, .  Massac,  Johnson, 
Williamson,  Franklin,  Jefferson,  Wayne,  Hamilton,  Saline,  Pope,  Hardin, 

Gallatin,  White,  Edwards  and  Wabash.  + 

“One  justice  shall  be  elected  from  each  of  the  said  districts  numbered 

2,  3,  4,  5  and  6.” 

And  the  substitute  for  section  6  was  adopted. 

The  question  then  being  on  the  adoption  of  section  6,  as  amended ,  a 
call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  71;  nays,  1. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Adamkiewicz 

Baldwin 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Catron 

Clarke 

Coolley 

Corlett 


Cutting 

Davis 

Dawes 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fifer 

Gale 

Ganschow 

Garrett 

Gee 

Gilbert 


Goodyear 
Gray 
Green 
Hamill 
Hogan 
Hollenbeck 
Hull 
Jack  * 
Jarman 
Johnson,  L.  C. 
Kerrick 
Kunde 
Datchford 
Dill 


Lindly 

Mack 

McEwen 

McGuire 

Meinert 

Miller 

Mills 

Moore 

Paddock 

Pinnell 

Quinn 

Revell 

Rinaker 

Shuey 


Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 71. 


Nays — 1. 


Cruden 

Those  voting  in  the  negative  are :  Mr. 

DeYoung  .  „  i  ± 

Section  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Mr.  Hollenbeck  moved  to  reconsider  the  vote  by  which  section  6  was 

adopted. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


707 


Mr.  Green  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table  it  was  decided  in  the 
affirmative. 

Section  11,  of  the  report  of'the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 

section  11  and  moved  its  adoption : 

Amend  section  11  by  substituting  therefor  the  following: 

“Section  11.  Appeals  from  and  writs  of  error  to  Circuit  and  County 
Courts  may  be  prosecuted  in  all  cases,  as  follows: 

“To  or  from  the  Supreme  Court  in  all  criminal  cases  in  which  the  pun¬ 
ishment  allowed  by  law  may  be  death  or  imprisonment  in  the  penitentiary 
and  in  all  cases  in  which  a  franchise  or  freehold  or  the  validity  of  a  statute 


is  involved; 

“To  or  from  the  Appellate  Courts  in  such  other  cases  as  may  be  pre¬ 
scribed  by  general  rule  of  the  Supreme  Court; 

“To  or  from  the  Supreme  Court  in  all  other  cases. 

“Except  as  above  provided,  the  Supreme  Court,  by  general  rule,  may 
prescribe  the  final  jurisdiction  of  Appellate  Courts,  unless  otherwise  pro¬ 
vided  by  law.” 


And  the  substitute  for  section  11  was  adopted. 

The  question  then  being  on  the  adoption  of  section  11  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  73;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cruden 

Gilbert 

Mack 

Adamkiewicz 

Cutting 

Goodyear 

McEwen 

Baldwin 

Davis 

Gray 

McGuire 

Barr 

Dawes 

Green 

Meinert 

Beckman 

De  Young 

Hamill 

Miller 

Brandon 

Dietz 

Hogan 

Mills 

Brenholt 

Dryer 

Hollenbeck 

Moore 

Brewster 

Dunlap 

Hull 

Paddock 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jack 

Pinnell 

Carlstrom 

Elting 

Jarman 

Quinn 

Catron 

Fifer 

Johnson,  L.  C. 

Revell 

Chew 

Gale 

Kerrick 

Rinaker 

Clarke 

Gansqhow 

Latchford 

Shuey 

Coolley 

Garrett 

Lill 

Six 

Corlett 

Gee 

Lindly 

Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Teas — 73. 
Nays — 0. 


Section  11,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Pule  20. 
Mr.  Jarman  asked  unanimous  consent  of  the  Convention  to  make  a 


motion  to  reconsider  the  vote  by  which  section  4,  of  Report  Yo.  11,  was 
adopted,  for  the  purpose  of  making  a  specific  amendment. 

Unanimous  consent  being  granted,  Mr.  Jarman  moved  to  reconsider 
the  vote  by  which  section  4,  of  Report  No.  11,  was  heretofore  adopted  on 
February  28. 

And  the  motion  prevailed. 

Mr.  Jarman  thereupon  offered  the  following  amendment  and  moved 
its  adoption: 


Amendment  No.  43. 

Amend  section  4,  of  article  9,  in  Report  No.  11,  by  inserting  the  word 
“net”  between  the  words  “all”  and  “incomes,”  in  the  second  line  thereof. 

And  the  amendment  was  adopted. 


708 


JOURNAL  OP  THE 


[May  5, 


Mr.  Jarman  moved  to  suspend  the  rules  for  the  purpose  of  offering 
a  further  amendment. 

And  the  question  being  on  the  motion  to  suspend  the  rules,  a 
division  of  the  Convention  was  had,  resulting  as  follows:  Yeas,  56; 
nays,  9. 

And  the  motion  prevailed. 

Whereupon  Mr.  Jarman  offered  the  following  amendment  and  moved 
its  adoption: 


Amendment  No.  44. 

Amend  section  4,  of  article  9,  in  Report  No.  11,  by  adding  after  the  word 
“valuation”  in  the  last  line  of  section  4,  the  following:  “or  taxes  paid  under 
section  5  of  this  article.” 

The  question  being  on  the  adoption  of  the  amendment,  on  demand 
of  five  Delegates,  a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas, 


54 :  navs,  10. 

y  J  y 


Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

Davis 

Hollenbeck 

Miller 

Sutherland 

Barr 

De  Young 

Hull 

Mills 

Taff 

Beckman 

Dietz 

Jarman 

Moore 

Tebbens 

Brenholt 

Dupuy,  G.  A. 

Kerrick 

Paddock 

Todd 

Brewster 

Elting 

Latchford 

Pincus 

Torrance 

Cary,  C.  D. 

Gale 

Lill 

Pinnell 

Traeger 

Chew 

Ganscliow 

Lindly 

Quinn 

Trautmann 

Clarke 

Garrett 

Mack 

Revell 

Warren 

Corlett 

Goodyear 

McEwen 

Pcinaker 

Wilson 

Cruden 

Green 

McGuire 

Shuey 

Mr.  President 

Cutting 

Hamill 

Meinert 

Stahl 

Yeas — 54. 

Those  voting  in  the 

negative  are: 

Messrs. 

Adamkiewicz 

Dunlap 

Gilbert 

Jack 

Wall 

Carlstrom 

Gee 

Hogan 

Sneed 

Wolff 

Nays — 10. 

Answering  present  but  not  voting: 

Messrs. 

Fifer 

Gray 

Present — 2. 

And  the  amendment  was  adopted. 

Mr.  Pincus  moved  to  suspend  the  rules  for  the  purpose  of  offering 
an  amendment. 


And  the  question  being  on  the  motion  to  suspend  the  rules,  a 
division  of  the  Convention  was  had,  resulting  as  follows :  Yeas,  50 ; 
nays,  0. 

And  the  motion  prevailed. 

Whereupon  Mr.  Pincus  offored  the  following  amendment  and  moved 
its  adoption: 


Amendment  No.  45. 

Amend  section  4,  by  adding  at  the  end  thereof  the  following: 

“An  exemption  not  to  exceed  one  thousand  ($1,000.00)  dollars  may  he 
allowed  to  the  head  of  a  family  and  two  hundred  ($200)  dollars  for  each  and 
every  dependent  child  under  sixteen  years  of  age.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Convention  was  had,  resulting  as  follows :  Yeas,  39 ;  nays,  23. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  4,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  63 ;  nays,  5. 


1922.]  CONSTITUTIONAL  CONVENTION.  709 


Those  voting  in  the  affirmative  are 

:  Messrs. 

Adams 

Cutting’ 

Green 

McEwen 

Sneed 

Adamkiewicz 

Davis 

Hamill 

McGuire 

Stahl 

Baldwin 

Dawes 

Hogan 

Meinert 

Sutherland 

Barr 

De  Young 

Hollenbeck 

Miller 

Taff 

Beckman 

Dietz 

Hull 

Mills 

Tebbens 

Brenholt 

Dryer 

Jack 

Moore 

Todd 

Brewster 

Dunlap 

Jarman 

Paddock 

Torrance 

Cary,  C.  D. 

Dupuy,  G.  A. 

Johnson,  L. 

C.  Pincus 

Traeger 

Carlstrom 

Elting 

Kunde 

Pinnell 

Trautmann 

Catron 

Gale 

Latchford 

Quinn 

Warren 

Clarke 

Ganschow 

Dill 

Shuey 

Wolff 

Corlett 

Goodyear 

Lindly 

Smith 

Mr.  President 

Cruden 

Gray 

Mack 

Yeas — 63. 

Those  voting  in  the 

negative  are: 

Messrs. 

Gee 

Gilbert 

Pdnaker 

Wall 

Wilson 

Nays — 5 . 

Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Rule  20. 

Mr.  Jarman  moved  to  reconsider  the  vote  by  which  section  4  was 
adopted. 

Mr.  Mack  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in  the 
affirmative. 

Mr.  Gale  asked  unanimous  consent  of  the  Convention  to  make  a 
motiofi  to  reconsider  the  vote  by  which  section  9,  of  Report  No.  11,  was 
heretofore  adopted,  for  the  purpose  of  offering  a  specific  amendment. 

Unanimous  consent  being  granted,  Mr.  Gale  moved  that  the  vote  by 
which  section  9,  of  Report  No.  11,  was  heretofore  adopted  on  March  1, 
be  reconsidered  for  the  sole  and  only  purpose  of  offering  one  amendment. 

And  the  question  being  on  the  motion  to  reconsider,  it  was  decided 
in  the  affirmative. 

Whereupon  Mr.  Gale  offered  the  following  amendment  and  moved 
its  adoption : 


.  Amendment  No.  46. 

Amend  section  9  of  article  9  by  striking  out  the  last  clause  thereof  and 
inserting  in  lieu  the  following  words:  “The  General  Assembly  may  provide 
by  law  that  the  holder  of  any  tax  title  based  on  any  tax  sale  hereafter  made 
may  waive  claim  of  title  to  the  land  sold  and  be  subrogated  to  the  tax  lien 
for  which  sale  was  made  and  proceed  in  equity  to  foreclose  such  lien  with 
such  additional  penalties  as  may  be  provided  by  law.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  9,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  65 ;  nays,  2. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Goodyear 

Mack 

Shuey 

Adamkiewicz 

Davis 

Gray 

McEwen 

Smith 

Baldwin 

Dawes 

Hamill 

McGuire 

Sneed 

Barr 

De  Young 

Hogan 

Meinert 

Stahl 

Beckman 

Dietz 

Hollenbeck 

Miller 

Taff 

Brandon 

Dryer 

Hull 

Mills 

Tebbens 

Brenholt 

Dunlap 

Jack 

Moore 

Todd 

Brewster 

Dupuy,  G.  A. 

Jarman 

Paddock 

Torrance 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

Pincus 

Trautmann 

Carlstrom 

Gale 

Kunde 

Pinnell 

Wall 

Catron 

Ganschow 

Latchford 

Quinn 

W  arren 

Clarke 

Garrett 

Lill 

Revel  1 

Wilson 

Corlett 

Cruden 

Gilbert 

Lindly 

Rinaker 

Mr.  President 

Yeas — 65 

710 


JOURNAL  OF  THE 


[May  5, 


Those  voting  in  the  negative  are :  Messrs. 

Fifer  Gee  *  Nays— 2. 

Section  9,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Mr.  Gale  asked  nnanimons  consent  of  the  Convention  to  make  a 
motion  to  reconsider  the  vote  by  which  section  13,  of  Report  ho.  11,  was 
adopted,  for  the  purpose  of  making  a  specific  amendment 

Unanimous  consent  being  granted,  Mr.  Gale  moved  to  reconsider 
the  vote  by  which  section  13,  of  Report  No.  11,  was  heretofore  adopted 

on  March  1. 

And  the  motion  prevailed.  .  ^ 

Whereupon  Mr.  Gale  offered  the  following  amendment  and  mo\ed 

its  adoption : 

Amendment  No.  47. 

Amend  section  13,  of  article  9,  in  Report  No.  11,  by  inserting  therein 
after\he  word  “made”  in  the  next  to  the  last  line  thereof  the  words  before 

or  at  the  time  of  incurring  such  debt.” 

And  the  amendment  was  adopted.  A 

The  question  then  being  on  the  adoption  of  section  lo,  as  amended, 

a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  67 ;  nays,  a 
Those  voting  in  the  affirmative  are :  Messrs. 

Adams 
Adamkiewicz 
Baldwin 
Barr 
Beckman 
Brenholt 


Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Clarke 
Corlett 
Cruden 
Cutting 


Dawes 
De  Young 
Dietz 
Dryer 
Dunlap 
Dupuy,  G.  A. 
Elting 
Fifer 
Gale 

Ganschow 
Garrett 
Goodyear 
Gray 
Hamill 


Hogan 
Hollenbeck 
Hull 
Jack 
Jarman 
Johnson,  L.  C. 
Kerrick 
Kunde 
Latchford 
Dill 
Lindly 
Alack 
McEwen 
McGuire 


Meinert 

Miller 

Mills 

Moore 

Paddock 

Pincus 

Pinnell 

Quinn 

Revell 

Rinaker 

Shuey 

Smith 

Sneed 


Stahl 

Sutherland 

Taff 

Tebbens 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Mr.  President 

Yeas — 67. 
Nays — 0. 


ig  Hamill 

Mr.  Sneed  moved  to  reconsider  the  vote  by  which  section  13  was 

adopted.^  ^  question  being  on  the  motion  to  reconsider,  a  division  of  the 
Convention  was  had,  resulting  as  follows :  Yeas,  o3  ;  nays,  0. 

The  motion  prevailed. 

And  section  13  was  again  taken  up. 

Whereupon  Mr.  Sneed  offered  the  following  amendment  and  moved 
its  adoption: 

Amendment  No.  48. 

Amend  section  13  by  inserting  the  word  “or”  in  the  first  line  before  the 
word  “school”-  by  striking  out  the  words  “or  other  municipal  corporation 
in  the  second  line;  and  by  inserting  after  the  words  ‘‘per  cent  m  the  lou  rth 
line  the  words  “nor  other  municipal  corporation  to  an  amount  exceed  b 

6  PerThe  question  being  on  the  adoption  of  the  amendment,  a  division  of 
the  Convention  was  had,  resulting  as  follows :  leas,  39 ;  nays, 

And  the  amendment  was  adopted. 


CONSTITUTIONAL  CONVENTION. 


711 


1922.] 


Mr.  Sutherland  moved  to  reconsider  the  vote  by  which  Amendment 


Xo.  48,  was  adopted.  .  «  , , 

And  the  question  being  on  the  motion  to  reconsider,  a  division  o±  the 

Convention  was  had,  resulting  as  follows:  Yeas,  33;  nays,  20. 

The  motion  prevailed. 

And  the  vote  was  reconsidered. 

The  question  again  being  on  the  adoption  of  the  amendment,  a 
division  of  the  Convention  was  had,  resulting  as  follows :  Yeas,  40 , 


nays,  15. 

And  Amendment  Xo.  48  was  adopted. 

The  question  then  being  on  the  adoption  of  section  13,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  58,  na)s,  5. 
Those  voting  in  the  affirmative  are 

Adams  Dawes  Hamill 


Adamkiewicz 
Barr 
Beckman 
Brenholt 
Brewster 
Carlstrom 
Clarke 
Corlett 
Cruden 
Cutting 
Davis 


De  Young 

Dietz 

Dryer 

Dupuy,  G.  A. 

Elting 

Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 


Hogan 

Hollenbeck 

Hull 

Jack 

Jarman 

Kunde 

Datchford 

Lill 

Lindly 

Mack 

McEwen 


Those  voting  in  the  negative  are : 

Cary,  C.  D.  Fifer  Gray 


Messrs. 

McGuire 

Meinert 

Miller 

Mills 

Moore 

Paddock 

Pincus 

Quinn 

Revel  1 

Smith 

Sneed 

Messrs. 

Kerrick 


Stahl 

Sutherland 

Taft 

Tebbens 

Todd 

Torrance 

Traeger 

Ti  autmann 

Wall 

Warren 

Mr.  President 

Yeas — 58. 


Pinnell 


Nays — 5. 


Section  13,  having  received  the  votes  of  a  majority  of  the  Delegates 
‘  elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Rule  20. 

At  the  hour  of  6  :40  o’clock  p.  m.,  Mr.  Hamill  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  8  :00  o’clock  p.  m. 

And  the  motion  prevailed. 


8  :00  o’Clock  P.  M. 

The  hour  of  8  :00  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  Convention  proceeding  upon  the  consideration  of  Report  Xo. 
18,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of 
Judicial  Department,  section  38  was  taken  up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 

section  38  and  moved  its  adoption : 

Amend  section  38  by  substituting  therefor  the  following: 

“Section  38.  No  person,  other  than  one  who  is  a  judge  of  the  court  at 
the  time  of  the  adoption  of  this  Constitution,  shall  be  eligible  to  the  office 
of  justice  of  the  Supreme  Court  of  judge  of  an  Appellate  or  Circuit  Court, 
unless,  at  the  time  of  his  election  or  appointment,  he  shall  be  at  least  thirty- 
five  years  of  age,  and  shall  have  been  engaged  in  this  State,  either  in  active 
practice  as  an  attorney  and  counselor-atdaw  or  in  the  discharge  of  the  duties 
of  a  judicial  office  for  at  least  ten  years  preceding  his  election  or  appoint¬ 
ment,  or  in  one  of  said  occupations  during  a  portion  of  said  time  and  in  the 
other  the  remaining  portion  thereof;  nor  to  the  office  of  judge  of  the  Count> 
Court,  unless,  at  the  time  of  his  election  or  appointment,  he  shall  be  at 


JOURNAL  OF  THE 


712 


5, 


least  thirty  years  of  age  and  shall  have  been  so  engaged  for  at  least  five 
years  preceding  his  election  or  appointment.’ 

And  the  substitute  for  section  38  was  adopt-ed. 

The  question  then  being  on  the  adoption  of  section  38,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  56:  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Dunlap 

Jack 

Meinert 

Stahl 

Adamkiewicz 

Dupuy,  G.  A- 

Jarman 

Miller 

Sutherland 

Baldwin 

Elting 

Johnson,  L.  C. 

Mills 

Taff 

Brenholt 

Fifer 

Kerrick 

Moore 

Tebbens 

Brewster 

Gale 

Kunde 

Paddock 

Todd 

Cary,  C.  D. 

Ganschow 

Latchford 

Pinnell 

Traeger 

Chew 

Gee 

Lill 

Quinn 

Warren 

Corlett 

Gilbert 

Lindly 

Re  veil 

Wilson 

Cruden 

Goodyear 

Mack 

Shuey 

Wolff 

Davis 

Gray 

McEwen 

Smith 

Mr.  President 

Dawes 

Hamill 

McGuire 

Sneed 

Yeas — 51 

De  Young 

Hull 

Nays — i 

Section  38,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  39,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 

section  39,  and  moved  its  adoption : 

Amend  section  39  by  substituting  therefor  the  following: 

“Section  39.  The  boundaries  of  the  districts  for  the  election  of  justices 
of  the  Supreme  Court  and  the  boundaries  of  the  Appellate  Court  districts 
may  be  changed  by  the  General  Assembly,  but  such  alterations  shall  only  be 
made,  as  nearly  as  county  boundaries  will  allow,  upon  the  basis  of  equality 
of  population,  and  the  districts  shall  be  composed  of  contiguous  counties 
in  as  nearly  compact  form  as  circumstances  will  permit.  The  alterations  of 
the  districts  shall  not  effect  the  tenure  of  office  of  any  justice  of  the  Supreme 
Court  or  judge  of  an  Appellate  Court.” 


And  the  substitute  for  section  39  was  adopted. 

The  question  then  being  on  the  adoption  of  section  39,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  7 1 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Gray 

Adamkiewicz 

Dawes 

Green 

Baldwin 

De  Young 

Hamill 

Barr 

Dietz 

Hogan 

Beckman 

Dryer 

Hull 

Brenholt 

Dunlap 

Ireland 

Brewster 

Dupuy,  G.  A. 

Jack 

Cary,  C.  D. 

Elting 

Jarman 

Carlstrom 

Fifer 

Kerrick 

Catron 

Gale 

Kunde 

Chew 

Ganschow 

Latchford 

Clarke 

Garrett 

Lill 

Corlett 

Gee 

Lindly 

Cruden 

Gilbert 

Mack 

Cutting 

Goodyear 

McEwen 

McGuire 

Meinert 

Miller 

Mills 

Moore 

Paddock 

Pinnell 

Quinn 

Re  veil 

Rinaker 

Shuey 

Smith 

Sneed 


Stahl 

Sutherland 

Taff 

Tebbens 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 71. 
Nays — 0. 


Section  39,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  40.  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  40,  and  moved  its  adoption : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


113 


Amend  section  40  by  substituting  therefor  the  following: 

“Section  40.  The  Supreme  Court  shall  have  power  and  authority,  from 
time  to  time,  to  assign,  for  such  periods  as  it  may  designate,  judges  of  the 
Appellate  Court  to  districts  other  than  those  for  which  they  wTere  appointed, 
and  judges  of  the  Circuit  Courts  to  circuits  other  than  those  for  which  they 
were  elected.” 


And  the  substitute  for  section  40  was  adopted. 

The  question  then  being  on  the  adoption  of  section  40,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  71 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Adamkiewicz 

Baldwin 

Barr 

Beckman 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Corlett 

Cruden 

Cutting 


Davis 

Gray 

McEwen 

Stahl 

Dawes 

Green 

McGuire 

Sutherland 

De  Young 

Hamill 

Meinert 

Taff 

Dietz 

Hogan 

Miller 

Tebbens 

Dryer 

Hull 

Mills 

Todd 

Dunlap 

Jack 

Moore 

Torrance 

Dupuy,  G.  A. 

Jarman 

Paddock 

Traeger 

Elting 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Fifer 

Kerrick 

Quinn 

Wall 

Gale 

Kunde 

Revell 

Warren 

Ganschow 

Latchford 

Rinaker 

Wilson 

Garrett 

Lill 

Shuey 

Wolff 

Gee 

Lindly 

Smith 

Mr.  President 

Gilbert 

Goodyear 

Mack 

Sneed 

Yeas — 7 
Nays — 

0. 


- 7 0 kj  V-/  V-*-  ^  Jj  l/lic  L/CICgaiCO 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  41,  of  the  report  of  the  Committee  of  the  Whole,  "was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  41,  and  moved  its  adoption : 


Amend  section  41  by  substituting  therefor  the  following: 

“Section  41.  Each  court  into  which,  by  the  provisions  of  this  article, 
other  courts  are  consolidated  shall  immediately,  upon  such  consolidation 
succeed  to  and  assume  jurisdiction  of  all  causes,  matters  and  proceedings 
then  pending  in  all  courts  of  which  it  is  the  successor,  with  full  power  and 
authority  to  dispose  of  the  same,  and  to  carry  into  execution  or  otherwise 
to  give  effect  to  all  orders,  judgments  and  decrees  theretofore  entered  by 
the  respective  courts  thus  consolidated.” 


And  the  substitute  for  section  41  was  adopted. 

The  question  then  being  on  the  adoption  of  section  41,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  71 ;  navs,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Gray 

McEwen 

Stahl 

Adamkiewicz 

Dawes 

Green 

McGuire 

Sutherland 

Baldwin 

De  Young 

Hamill 

Meinert 

Taff 

Barr 

Dietz 

Hogan 

Miller 

Tebbens 

Beckman 

Dryer 

Hull 

Mills 

Todd 

Brenholt 

Dunlap 

Ireland 

Moore 

Torrance 

Brewster 

Dupuy,  G.  A. 

Jack 

Paddock 

Traeger 

Cary,  C.  D. 

Elting 

Jarman 

Pinnell 

Trautmann 

Carlstrom 

Fifer 

Kerrick 

Quinn 

Wall 

Catron 

Gale 

Kunde 

Revell 

Warren 

Chew 

Ganschow 

Latchford 

Rinaker 

Wilson 

Clarke 

Garrett 

Lill 

Shuey 

Wolff 

Corlett 

Gee 

Lindly 

Smith 

Mr.  President 

Cruden 

Cutting 

Gilbert 

Goodyear 

Mack 

Sneed 

Yeas — 71. 
Nays — 0. 

Section  41,  having  received  the  votes  of 

a  majority  of  the  Delegates 

elected,  was 

declared  passed, 

and,  under- the  rules,  was 

re-referred  to  the 

Committee  < 

on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

714  journal  of  the  [May  5, 

Section  42.  of  tlie  report  of  the  Committee  of  the  Whole,  was  taken 
np  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  42,  and  moved  its  adoption : 

Amend  section  42  by  substituting  tberefor  tbe  following: 

‘'Section  42.  Provision  may  be  made  by  rule  of  tbe  Supreme  Court 
or  by  law  for  tbe  bringing  of  actions  or  proceedings  in  which  a  merely 
declaratory  judgment  or  decree  or  order  is  sought,  and  authorizing  the  court 
to  make  a  binding  declaration  of  right,  whether  any  consequential  relief  is 
or  could  be  claimed  or  not.” 

And  the  substitute  for  section  42  was  adopted. 

The  question  then  being  on  the  adoption  of  section  42,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  71 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Gray 

McEwen 

Stahl 

Adamkiewicz 

Dawes 

Green 

McGuire 

Sutherland 

Baldwin 

De  Young 

Hamill 

Meinert 

Taft 

Barr 

Dietz 

Hogan 

Miller 

Tebbens 

Beckman 

Dryer 

Hull 

Mills 

Todd 

Brenholt 

Dunlap 

Jack 

Moore 

Torrance 

Brewster 

Dupuy,  G.  A. 

Jarman 

Paddock 

Traeger 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Carl  strom 

Fifer 

Kerrick 

Quinn 

Wall 

Catron 

Gale 

Kunde 

Revell 

Warren 

Chew 

Ganschow 

Latchford 

Rinaker 

Wilson 

Clarke 

Garrett 

Lill 

Shuey 

Wolff 

Corlett 

Gee 

Lindly 

Smith 

Mr.  President 

Cruden 

Cutting 

Gilbert 

Goodyear 

Mack 

Sneed 

Yeas — 71. 
Nays — 0. 

Section  42,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Section  43,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  43,  and  moved  its  adoption : 

Amend  section  43  by  substituting  therefor  the  following: 

“Section  43.  The  office  of  judge  of  the  City  Court  and  judge  of  the 
Probate  Court  or  probate  judge  shall  be  abolished  from  and  after  the  re¬ 
spective  consolidations  of  City  and  Probate  Courts  with  other  courts  as  in 
this  article  provided.  The  offices  of  justices  of  the  peace  and  constable 
existing  at  the  time  of  the  adoption  of  this  Constitution  shall,  from  and 
after  the  election  or  appointment  and  qualification  of  justices  of  the  peace 
and  constables  in  the  respective  districts,  towns  or  portions  of  towns,  in 
accordance  with  the  provisions  of  this  article,  as  to  such  districts,  towns 
or  portions  of  towns,  be  abolished.” 

And  the  substitute  for  section  43  was  adopted. 

The  question  then  being  on  the  adoption  of  section  43,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  71;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


715 


Those  voting  in  the  affirmative  are :  Messrs. 

McEwen 
McGuire 


Adams 
Adamkiewicz 
Baldwin 
Barr 
Beckman 
Brenholt 
Brewster 
Cary,  C.  D. 
Carl  strom 
Catron 
Chew 
Clarke 
Corlett 
Cruden 
Cutting 


Davis 

Dawes 

De  Young 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fifer 

Gale 

Ganschow 
Garrett 
Gee 
Gilbert 
Goodyear 


Gray 
Green 
Hamill 
Hogan 
Hull 
Jack 
Jarman 
Johnson,  L.  C. 
Kerrick 
Kunde 
Latchford 
Dill 
Lindly 
Mack 


Meinert 

Miller 

Mills 

Moore 

Paddock 

Pinnell 

Quinn 

Revell 

Rinaker 

Shuey 

Smith 

Sneed 


Stahl 

Sutherland 
Taf £ 

Tebbens 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

woife 

Mr.  President 

Yeas — 71. 
Nays — 0. 


Section  43,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Mr.  Brenholt  offered  the  following  amendment  to  Report  No.  18,  to 
he  known  as  section  43 A,  and  moved  its  adoption : 


Amendment  No.  14. 

Amend  Report  No.  18  by  adding  a  new  section  thereto  to  be  known  as 
section  43A,  as  follows: 

“Section  43A.  The  clerk  of  the  County  Court  of  each  county,  other  than 
Cook,  in  office  on  the  first  Monday  of  December,  A.  D.  192o,  shall  be  the  clerk 
of  the  County  Court  and  the  Clerk  of  the  Probate  Court  of  each  county,  other 
than  Cook,  having  a  probate  clerk,  shall  be  the  chief  deputy  county  clerk  of 
the  County  Court  during  the  terms  for  which  they  were  elected,  and  at  the 
salaries  received  by  them,  severally,  at  the  time  of  the  adoption  of  this  Con¬ 
stitution  and  at  the  expiration  of  the  respective  terms  of  office  of  the  Probate 
clerks  in  office  on  the  first  Monday  of  December,  A.  D.  1923  said  office  of 
probate  clerk  shall  cease.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  43 A,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  71;  nays,  0. 


Those  voting  in  the  affirmative  are :  Messrs. 

Me  E  wen 
McGuire 
Meinert 
Miller 
Mills 
Moore 
Paddock 
Pinnell 
Quinn 
Revell 
Rinaker 
Shuey 
Smith 
Sneed 


Adams 

Davis 

Gray 

Adamkiewicz 

Dawes 

Green 

Baldwin 

De  Young 

Hamill  . 

Barr 

Dietz 

Hogan 

Beckman 

Dryer 

Hull 

Brenholt 

Dunlap 

Jack 

Brewster 

Dupuy,  G.  A. 

Jarman 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

Carl  strom 

Fifer 

Kerrick 

Catron 

Gale 

Kunde 

Chew 

Ganschow 

Latchford 

Clarke 

Garrett 

Lill 

Corlett 

Gee 

Lindly 

Cruden 

Gilbert 

Mack 

Cutting 

Goodyear 

Stahl 

Sutherland 

Taff 

Tebbens 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 71. 
Nays — 0. 


UV/Cllvll  It/Tl.  y  ±±C*/  V  AJJL^  1  UUC/I  >  UU.  '  vuvu  v  *-v  J  O 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  lor  action,  as  provided  b)  Rule  20. 

Section  44,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  44,  and  moved  its  adoption : 


716 


JOURNAL  OF  THE 


[May  5, 


Amend  section  44,  by  substituting  therefor  the  following: 

“Section  44.  The  electors  of  any  district  outside  of  the  county  of  Cook, 
and  of  any  town  in  the  county  of  Cook,  outside  of  the  city  of  Chicago,  or  of 
that  portion  of  any  town  partly  within  and  partly  without  said  city  which 
is  outside  of  said  city,  or  of  that  county  outside  of  said  city  as  a  whole,  may, 
at  any  time,  by  a  majority  vote,  in  such  manner  as  the  General  Assembly 
shall  prescribe,  abolish  the  offices  of  justice  of  the  peace  and  constable,  or 
either  of  them,  within  the  jurisdiction  of  the  electorate  voting  upon  the 
question.” 

And  the  substitute  for  section  44  was  adopted. 

The  question  then  being  on  the  adoption  of  section  44,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  71 ;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Davis 

Gray 

McEwen 

Stahl 

Adamkiewicz 

Dawes 

Green 

McGuire 

Sutherland 

Baldwin 

De  Young 

Hamill 

Meinei't 

TafE 

Barr 

Dietz 

Hogan 

Miller 

Tebbens 

Beckman 

Dryer 

Hull 

Mills 

Todd 

Brenholt 

Dunlap 

Jack 

Moore 

Torrance 

Brewster 

Dupuv,  G.  A. 

Jarman 

Paddock 

Traeger 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Carlstrom 

Flfer 

Kerrick 

Quinn 

Wall 

Catron 

Gale 

Kunde 

Re  veil 

W  arren 

Chew 

Ganschow 

Latchford 

Rinaker 

Wilson 

Clarke 

Garrett 

Lill 

Shuey 

Wolff 

Corlett 

Gee 

Lindly 

Smith 

Mr.  President 

Cruden 

Gilbert 

Mack 

Sneed 

Yeas — 71. 

Cutting 

Goodyear 

Nays — 0. 

Section  44,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Section  45,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  45,  and  moved  its  adoption : 

Amend  section  45,  by  substituting  therefor  the  following: 

“Section  45.  The  salaries  of  justices  of  the  Supreme  Court  and  of  the 
judges  of  the  Appellate  Courts  for  the  Second,  Third  and  Fourth  Districts, 
the  Circuit  Courts  outside  of  Cook  County  and  of  the  County  Court?  shall  be 
fixed  by  law  and  shall  be  payable  out  of  the  State  treasury.  The  judges  of 
the  Appellate  Court  for  the  First  District  shall  receive  the  same  salaries,  out 
of  the  State  treasury,  as  may  be  fixed  by  law  for  judges  of  the  Appellate 
Courts  for  the  other  districts,  and  the  judges  of  the  Circuit  Court  of  Cook 
County  shall  receive  the  same  salaries,  out  of  the  State  treasury,  as  may  be 
fixed  by  law  for  judges  of  the  Circuit  Courts  outside  of  Cook  County,  and  in 
addition  thereto,  the  judges  of  the  Appellate  Court  for  the  first  district  and 
of  the  Circuit  Court  of  Cook  County  shall  be  paid  such  additional  salaries, 
out  of  the  county  treasury  of  Cook  County,  as  may  be  provided  by  law.  The 
salary  of  no  judicial  officer,  after  it  has  been  fixed  by  law  shall  be  increased 
or  decreased  during  the  term  for  which  he  is  elected  or  appointed,  and  no 
justice  of  the  Supreme  Court  or  judge  of  an  Appellate  Circuit  or  County 
Court  shall  receive  any  other  compensation,  perquisite  or  benefit  in  any  form 
whatever,  nor  shall  he  perform  any  duties,  other  than  judicial,  or  engage  in 
the  practice  of  law  so  long  as  he  shall  hold  the  office  of  such  justice  or  judge.” 

And  the  substitute  for  section  45  was  adopted. 

Mr.  Corlett  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


Amendment  No.  15. 

Amend  section  45,  as  amended,  by  striking  out  the  words  “or  county” 
after  the  word  “circuit”  in  the  4th  line  from  the  bottom. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


717 


And  the  amendment  was  lost. 


The  question  then  being  on  the  adoption  of  section  45,  as  amended, 


a  call  of  the  roll  was  had, 

resulting  as  follows:  Yeas, 

71 ;  nays,  0. 

Those  voting  in  the.  affirmative  are : 

Messrs. 

Adams 

Davis 

#  Gray 

McEwen 

Stahl 

Adamkiewicz 

Dawes 

Green 

McGuire 

Sutherland 

Baldwin 

De  Young 

Hamill 

Meinert 

Taff 

Barr 

Dietz 

Hogan 

Miller 

Tebbens 

Beckman 

Dryer 

Hull 

Mills 

Todd 

Brenholt 

Dunlap 

Jack 

Moore 

Torrance 

Brewster 

Dupuy,  G.  A. 

Jarman 

Paddock 

Traeger 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Carlstrom 

Fifer 

Kerrick 

Quinn 

Wall 

Catron 

Gale 

Kunde 

Revell 

W  arren 

Chew 

Ganschow 

Latchford 

Rinaker 

Wilson 

Clarke 

Garrett 

Lill 

Shuey 

Wolff 

Corlett 

Gee 

Lindly 

Smith 

Mr.  President 

Cruden 

Gilbert 

Mack 

Sneed 

Yeas — 7 

Cutting 

Goodyear 

Nays — ' 

Section  45,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Section  46,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  olfered  the  following  as  a  substitute  for 
section  46,  and  moved  its  adoption : 

Amend  section  46  by  substituting  therefor  the  following: 

Section  46.  All  laws  relating  to  courts  shall  be  general  and  of  uniform 
operation;  and,  so  far  as  regulated  by  law,  the  organization,  jurisdiction  and 
powers  of  all  courts  of  the  same  class  or  grades  and  the  force  and  effect  of 
the  process,  judgments  and  decrees  of  such  courts  severally,  shall  be  uni¬ 
form.” 


And  the  substitute  for  section  46  was  adopted. 

The  question  then  being  on  the  adoption  of  section  46,  as  amended, 


Adams 

Adamkiewicz 

Baldwin 

Barr 

Beckman 

Brenholt 

Brewster 

Cary,  C.  D. 

Carl  strom 

Catron 

Chew 

Clarke 

Corlett 

Cruden 

Cutting 


ng  in  the  affirmative  are : 

Messrs. 

Davis 

Gray 

McEwen 

Stahl 

Dawes 

Green 

McGuire 

Sutherland 

De  Young 

Hamill 

Meinert 

Taff 

Dietz 

Hogan 

Miller 

Tebbens 

Dryer 

Hull 

Mills 

Todd 

Dunlap 

Jack 

Moore 

Torrance 

Dupuy,  G.  A. 

Jarman 

Paddock 

Traeger 

Elting 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Fifer 

Kerrick 

Quinn 

Wall 

Gale 

Kunde 

Revell 

Warren 

Ganschow 

Latchford 

R-inaker 

Wilson 

Garrett 

Lill 

Shuey 

Wolff 

Gee 

Lindly 

Smith 

Mr.  President 

Gilbert 

Goodyear 

Mack 

Sneed 

Yeas — 7 
Nays — i 

- ljic  vuLcs  u±  ct  majority  or  me  Delegates 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Section  4<,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 


Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  47,  and  moved  its  adoption  : 

Amend  section  4<  by  substituting  therefor  the  following: 

‘Section  47.  The  General  Assembly  may,  for  cause  entered  on  the 
journal  of  each  House,  upon  due  notice  and  opportunity  of  defense,  remove 
trom  office  any  judge,  upon  concurrence  of  three-fourths  of  all  the  members 


718 


JOURNAL  OF  THE 


elected,  of  each  House.  All  other  officers  in  this  article  mentioned  shall  he 
removed  from  office  on  prosecution  and  final  conviction  for  misdemeanor  in 


office.” 


And  the  substitute  for  section  47  was  adopted. 

The  question  then  being  on  the  adoption  of  section  47,  as  amended 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  71;  nays,  0. 
Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Gray 

Adamkiewicz 

Dawes 

Green 

Baldwin 

De  Young 

Hamill 

Barr 

Dietz 

Hogan 

Beckman 

Dryer 

Hull 

Brenholt 

Dunlap 

Jack 

Brewster 

Dupuy,  G.  A. 

Jarman 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

Carlstrom 

Fifer 

Kerrick 

Catron 

Gale 

Kunde 

Chew 

Ganschow 

Latchford 

Clarke 

Garrett 

Lill 

Corlett 

Gee 

Lindly 

Cruden 

Cutting 

Gilbert 

Goodyear 

Mack 

McEwen 

McGuire 

Meinert 

Miller 

Mills 

Moore 

Paddock 

Pinnell 

Quinn 

Revell 

Rinaker 

Shuey 

Smith 

Sneed 


Stahl 

Sutherland 

Taff 

Tebbens 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

W  arren 

Wilson 

Wolff 

Mr.  President 

Yeas — 71. 
Nays — 0. 


Section  47,  having  received  the  votes  of  a  majorit}''  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Section  48,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 


section  48  and  moved  its  adoption : 


Amend  section  48  hy  substituting  therefor  the  following: 

“Section  48.  All  judicial  officers  shall  be  commissioned  by  the  Governor. 
All  officers  provided  for  in  this  article  shall  hold  their  offices  until  their 
successors  shall  qualify,  and,  excepting  where  their  duties  are  to  be  per¬ 
formed,  in  whole  or  in  part,  elsewhere,  they  shall,  respectively,  reside  in  the 
district,  circuit,  or  county  for  which  they  may  be  elected  or  appointed.  Un¬ 
less  otherwise  provided  in  this  article  the  terms  of  office  of  all  such  officers 
shall  be  four  years,  and  they  shall  perform  such  duties  and  receive  such 
salaries  as  are,  or  may  be,  provided  by  law.  Tne  appointing  powei  to^  fill 
vacancies  in  elective  judicial  offices  is  hereby  vested  in  the  Governor. 

“In  case  of  the  appointment  of  a  circuit  or  county  judge  as  judge  of  the 
Appellate  Court  by  the  Supreme  Court,  the  Supreme  Court  shall  fill  by  ap- 
pointment  the  vacancy  thus  caused  in  the  Circuit  or  County  Court,  the 
judge  so  appointed  to  the  Circuit  or  County  Court  shall  serve  until  his  suc¬ 
cessor  is  elected  and  qualified.” 


And  the  substitute  for  section  48  was  adopted. 

The  question  then  being  on  the  adoption  of  section  48,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  71 ;  nays,  0. 


Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Gray 

AIcEwen 

Stahl 

Adamkiewicz 

Dawes 

Green 

AlcGuire 

Sutherland 

Baldwin 

De  Young 

Hamill 

Aleinert 

Taff 

Barr 

Dietz 

Hogan 

Aiiller 

Tebbens 

Beckman 

Dryer 

Hull 

Alills 

Todd 

Brenholt 

Dunlap 

Jack 

Aloore 

Torrance 

Brewster 

Dupuy,  G.  A. 

Jarman 

Paddock 

Traeger 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Carlstrom 

Fifer 

Kerrick 

Quinn 

Wall 

Catron 

Gale 

Kunde 

Revell 

Warren 

Chew 

Ganschow 

Latchford 

Rinaker 

Wilson 

Clarke 

Garrett 

Lill 

Shuey 

Wolff 

Corlett 

Gee 

Lindly 

Smith 

IVlr.  President 

Cruden 

Gilbert 

Alack 

Sneed 

Yeas— 7: 

Cutting 

Goodyear 

Nays — i 

1922.] 


CONSTITUTIONAL  CONVENTION. 


719 


Section  48,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Eule  20. 

Section  49,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  49,  and  moved  its  adoption : 

Amend  section  49  by  substituting  therefor  the  following: 

‘‘Section  49.  All  process  shall  run:  In  the  name  of  the  people  of  the 
State  of  Illinois;  and  all  prosecutions  shall  be  carried  on:  In  the  name  and 
by  the  authority  of  the  People  of  the  State  of  Illinois  and  conclude:  Against 
the  peace  and  dignity  of  the  same.” 


And  the  substitute  for  section  49  was  adopted. 

The  question  then  being  on  the  adoption  of  section  49,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  71 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 
Adamkiewicz 
Baldwin 
Barr 
Beckman 
Brenholt 
Brewster 
Cary,  C.  D. 

Carlstrom 
Catron 
Chew 
Clarke 
Corlett 
Cruden 
Cutting- 

Section  49,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Eule  20. 

Section  50,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

A  hereupon  Mr.  DeYoung  offered  the  following  as  a  substitute  for 
section  50  and  moved  its  adoption : 


Davis 

Gray 

McEwen 

Stahl 

Dawes 

Green 

McGuire 

Sutherland 

De  Young 

Hamill 

Meinert 

Taff 

Dietz 

Hogan 

Miller 

Tebbens 

Dryer 

Hull 

Mills 

Todd 

Dunlap 

Jack 

Moore 

Torrance 

Dupuy,  G.  A. 

Jarman 

Paddock 

Traeger 

Elting 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Fifer 

Kerrick 

Quinn 

Wall 

Gale 

Kunde 

Revell 

Warren 

Ganschow 

Latchford 

Rinaker 

Wilson 

Garrett 

Dill 

Shuey 

Wolff 

Gee 

Lindly 

Smith 

Mr.  President 

Gilbert 

Mack 

Sneed 

Yeas — 71. 

Goodyear 

Nays — 0. 

Amend  section  50  by  substituting  therefor  the  following: 

“Section  50.  ‘Population’  whenever  used  in  this  article,  shall  be  de¬ 
termined  by  the  next  preceding  census  (of  this  State  or)  of  the  United 

States.” 


And  the  substitute  for  section  50  was  adopted. 

Mr.  Gale  offered  the  following  amendment  and  moved  its  adoption: 


Amendment  No.  16. 

Amend  section  50,  as  amended,  by  striking  out  the  words  “of  this  State 

or.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  50,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  71;  nays,  0. 


720 


JOURNAL  OF  THE 


i 


Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Gray 

AIcEwen 

Adamkiewicz 

Dawes 

Green 

AlcGuire 

Baldwin 

De  Young 

Hamill 

Aleinert 

Barr 

Dietz 

Hogan 

Aliller 

Beckman 

Dryer 

Hull 

Mills 

Brenholt 

Dunlap 

Jack 

Aloore 

Brewster 

Dupuy,  G.  A. 

J  arman 

Paddock 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

Pinnell 

Carlstrom 

Fifer 

Kerrick 

Quinn 

Catron 

Gale 

Kunde 

Revel  1 

Chew 

Ganschow 

Latchford 

Rinaker 

Clarke 

Garrett 

Lill 

Shuey 

Corlett 

Gee 

Lindly 

Smith 

Cruden 

Cutting 

Gilbert 

Goodyear 

Alack 

Sneed 

Stahl 

Sutherland 

Taff 

Tebbens 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Wolff 

Mr.  President 

Yeas — 71. 
Nays — 0. 


Section  50,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  8,  of  the  report  of  the  Committee  of  the  Whole,  was  again 
taken  up. 

Whereupon  Mr.  Miller  offered  the  following  as  a  substitute  for  sec¬ 
tion  8  and  moved  its  adoption : 


Amend  section  8,  by  substituting  therefor  the  following: 

“Section  8.  Whenever  a  majority  of  the  justices  of  the  Supreme  Court 
shall  certify  to  the  Governor  that  the  court  is  unable  to  hear  and  dispose  of 
the  causes  pending  in  that  court  with  reasonable  dispatch,  the  Governor 
shall  designate  one  or  more  judges  of  the  Appellate  Court  as  requested  by 
the  Supreme  Court,  to  serve  as  associate  justices  or  justices  of  the  Supreme 
Court.  Every  judge  so  designated  shall  be  relieved  of  his  duties  in  the 
Appellate  Court  and  shall  serve  as  an  associate  justice  of  the  Supreme  Court, 
and  receive  the  salary  paid  justices  of  that  court,  until  the  Supreme  Court 
certifies  that  his  services  are  no  longer  required  in  that  court,  when  he  shall 


return  to  the  Appellate  Court.” 


And  the  substitute  for  section  8  was  adopted. 

The  question  then  being  on  the  adoption  of  section  8,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  24;  nays,  42. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Clarke 

Dupuy,  G.  A. 

Jack 

Paddock 

Adamkiewicz 

Corlett 

Garrett 

Johnson,  L.  C. 

Revell 

Baldwin 

Cutting 

Goodyear 

Mack 

Smith 

Barr 

Davis 

Green 

Miller 

Wilson 

Cary,  C.  D. 

Dawes 

Hull 

Aloore 

Yeas — 

Those 

voting  in  the 

negative  are :  Messrs. 

• 

Beckman 

Elting 

J  arman 

Alills 

Tebbens 

Brenholt 

Fifer 

Kerrick 

Pinnell 

Todd 

Brewster 

Gale 

Latchford 

Quinn 

Traeger 

Carlstrom 

Ganschow 

Lill 

Rinaker 

Trautmann 

Chew 

Gee 

Lindly 

Sneed 

Wall 

Cruden 

Gilbert 

AIcEwen 

Stahl 

Warren 

Dietz 

Gray 

AlcGuire 

Sutherland 

Wolff 

Dryer 

Dunlap 

Hamill 

Hogan 

Aleinert 

Taff 

Air.  President 
Nays — 

Section  8,  having  received  the  votes  of  less  than  a  majority  of  the 
Delegates  elected,  failed  to  pass. 

Mr.  Gilbert  moved  to  reconsider  the  vote  by  which  section  38,  of 
Report  Xo.  18,  was  adopted. 

And  the  question  being  on  the  motion  to  reconsider,  it  was  decided 
in  the  affirmative. 

Whereupon  Mr.  Catron  offered  the  following  amendment  and  moved 
its  adoption : 


1922,] 


CONSTITUTIONAL  CONVENTION. 


721 


Amendment  No.  17. 

Amend  section  38  at  the  end  thereof  by  changing  the  period  to  a  semi¬ 
colon  and  adding  the  following: 

“Nor  to  the  office  of  State’s  attorney  in  and  for  any  county,  unless  at 
the  time  of  his  election  or  appointment,  he  shall  be  licensed  to  practice  law 
in  this  State.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  38,  as  amended, 


a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas, 
Those  voting  in  the  affirmative  are :  Messrs. 

69 ;  nays,  0. 

Adams 

Davis 

Goodyear 

Mack 

Sneed 

Adamkiewicz 

Dawes 

Gray 

McEwen 

Stahl 

Baldwin 

De  Young 

Green 

McGuire 

Sutherland 

Beckman 

Dietz 

Hamill 

Meinert 

Taff 

Brenholt 

Dryer 

Hogan 

Miller 

Todd 

Brewster 

Dunlap 

Hull 

Mills 

Torrance 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jack 

Moore 

Traeger 

Carlstrom 

Elting 

Jarman 

Paddock 

Trautmann 

Catron 

Fifer 

Johnson,  L.  C. 

Pinnell 

Wall 

Chew 

Gale 

Kerrick 

Quinn 

Warren 

Clarke 

Ganschow 

Kunde 

Revel  1 

Wilson 

Corlett 

Garrett 

Latchford 

Rinaker 

Wolff 

Cruden 

Gee 

Lill 

Shuey 

Mr.  President 

Cutting 

Gilbert 

Lindly 

Smith 

Yeas — 

Nays — 0. 

Section  38,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Mr.  Trautmann  moved  to  reconsider  the  vote  by  which  section  8,  of 
Report  Yo.  18,  had  failed  to  pass. 

And  the  question  being  on  the  motion  to  reconsider,  it  was  decided 
in  the  affirmative. 

W  hereupon  Mr.  DeYoung  moved  to  substitute  section  3,  of  the 
report  of  the  Committee  on  Phraseology  and  Style,  for  section  8,  as 
amended. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  section  8,  as  amended, 


a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas, 

70;  nays,  2. 

Those  voting  in  the  affirmative  are : 

Messrs. 

Adams 

Cutting 

Goodyear 

Mack 

Smith 

Adamkiewicz 

Davis 

Gray 

McEwen 

Sneed 

Baldwin 

Dawes 

Green 

McGuire 

Stahl 

Barr 

De  Young 

Hamill 

Meinert 

Sutherland 

Beckman 

Dietz 

Hogan 

Miller 

Tebbens 

Brenholt 

Dryer 

Hull 

Mills 

Todd 

Brewster 

Dunlap 

Jack 

Moore 

Torrance 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Paddock 

Traeger 

Carlstrom 

Kiting 

Johnson,  L.  C. 

Pincus 

Trautmann 

Catron 

Fifer 

Kerrick 

Pinnell 

Wall 

Chew 

Ganschow 

Kunde 

Quinn 

Warren 

Clarke 

Garrett 

Latchford 

R.evell 

Wilson 

Corlett 

Gee 

Lill 

R-inaker 

Wolff 

Cruden 

Gilbert 

Lindly 

Shuey 

Mr.  President 

Those  voting  in  the  negative  are :  Messrs. 

Gal®  raff  Nays — 2. 

Section  8,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  7,  of  the  report  of  the  Committee  of  the  Whole,  was  taken 
up  and  read  at  large. 

—46  C  J 


722  journal  or  the  [May  5, 

Whereupon  Mr.  Green  offered  the  following  as  a  substitute  for  sec¬ 
tion  7 ,  and  moved  its  adoption : 

Amend  section  7,  of  Report  No.  18,  by  substituting  therefor  the  fol¬ 
lowing  : 

“The  justices  of  the  Supreme  Court  in  office  at  the  time  of  the  adoption 
of  this  Constitution  shall  continue  to  hold  office  during  the  respective  terms 
for  which  they  were  elected,  and  until  their  successors  are  elected  and  shall 
qualify.  The  term  of  office  of  justices  of  the  Supreme  Court  elected  after  the 
adoption  of  this  Constitution  other  than  those  elected  or  appointed  to  fill 
unexpired  terms  shall  be  ten  years  from  the  day  of  their  election. 

There  shall  be  elected  on  the  following  dates  and  every  ten  years  there¬ 
after: 

At  the  annual  election  in  the  year  1923,  one  justice  in  the  first  district. 

At  the  annual  election  in  the  year  1925,  one  justice  in  the  sixth  district. 

At  the  annual  election  in  the  year  1926,  one  justice  from  the  fourth 
district. 

At  the  annual  election  in  the  year  1927,  one  justice  from  the  third 
district. 

At  the  annual  election  in  the  year  1928,  one  justice  from  the  fifth 
district. 

At  the  annual  election  in  the  year  1929,  one  justice  from  the  first 
district. 

At  the  annual  election  in  the  year  1930,  one  justice  from  the  second 
district. 

So  long  as  there  shall  be  two  members  of  the  Supreme  Court  from 
the  second  district,  one  member  of  the  court,  to  be  selected  by  themselves, 
shall  be  designated  and  serve  as  administrative  executive  of  the  Supreme 
Court  of  the  State  of  Illinois,  and,  while  so  designated,  he  shall  be  relieved 
from  duty  in  the  consideration  cf  causes  pending  in  said  court.” 

And  the  substitute  for  section  7  was  adopted. 

Mr.  DeYoung  offered  the  following  as  a  substitute  for  section  7,  as 
amended,  and  moved  its  adoption : 

Amend  section  7  by  substituting  the  following: 

“Section  7.  The  justices  of  the  Supreme  Court  in  office  at  the  time  of 
the  adoption  of  this  Constitution  shall  continue  to  hold  office  during  the 
respective  terms  for  which  they  were  elected  or  appointed  and  until  their 
successors  are  elected  and  shall  qualify.  The  term  of  office  of  justices  of 
the  Supreme  Court  elected  after  the  adoption  of  this  Constitution,  other 
than  justices  elected  or  appointed  to  fill  unexpired  terms,  shall  be  ten  years 
from  the  day  of  their  election.  There  shall  be  elected: 

At  the  annual  election  in  November,  A.  D.  1923,  and  every  ten  years 
thereafter,  one  justice  from  the  first  district. 

At  the  annual  election  in  November,  A.  D.  1925,  and  every  ten  years 
thereafter,  successor  to  the  justice  from  the  fourth  and  sixth  districts. 

At  the  annual  election  in  November,  A.  D.  1927,  and  every  ten  years 
thereafter,  successors  to  the  justices  from  the  third  and  fifth  districts. 

At  the  annual  election  in  the  year  1929,  one  justice  from  the  first 
district. 

At  the  annual  election  in  the  year  1931,  one  justice  from  the  second 
district. 

So  long  as  there  shall  be  two  members  of  the  Supreme  Court  from  the 
second  district,  one  member  of  the  court,  to  be  selected  by  themselves,  shall 
be  designated  and  serve  as  administrative  executive  of  the  Supreme  Court 
of  the  State  of  Illinois,  and  while  so  designated,  he  shall  be  relieved  from 
duty  in  the  consideration  of  causes  pending  in  said  court.” 

And  the  substitute  for  section  7  was  adopted. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


723 


Amendment  No.  18. 


Arneiid  section  7  by  adding-  at  the  end  thereof  the  following- 

,  oll  * e  offic<;  of  the  justice  residing  in  the  second  district  whose  term 
tohall  first  expire  shall  cease  to  exist  upon  such  expiration.” 

And  the  amendment  was  adopted. 

Mr.  Smith  moved  to  reconsider  the  vote  by  which  Amendment  No. 
18  was  adopted. 


Mr.  Hamill  moved  to  lay  that  motion  on  the  table. 

The  question  being  on  the  motion  to  table,  a  division  of  the  Con¬ 
vention  was  had,  resulting  as  follows:  Aeas,  26  •  navs,  39. 

And  the  motion  to  table  was  lost. 

.  The  question  recurring  on  the  motion  to  reconsider,  it  was  decided 
m  the  affirmative. 


The  question  being  on  the  adoption  of  Amendment  No.  18,  pending 
discussion,  Mr.  Gale  moved  that  section  7,  and  all  amendments  thereto 
be  referred  to  the  Committee  on  Schedule. 

And  the  motion  prevailed. 

.  ^he  Convention  proceeding  upon  the  consideration  of  Report  No. 
io  ot  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Canals 
ana  \  w  aterways,  section  2  thereof  was  again  taken  up. 

Whereupon  Mr.  Corlett  moved  that  section  2,  of  the  report  of  the 
Committee  of  the  Whole,  be  substituted  for  section  2,  as  now^  amended. 
And  the  motion  prevailed. 

Mr.  Sutherland  moved  the  previous  question. 

And  the  question  being,  “Shall  the  main  question  be  now  put  ?”  it 
was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  section  2,  of  Report  No 
13,  of  the  report  of  the  Committee  of  the  Whole. 

Pending  roll  call,  Mr.  Lindly  moved  that  further  consideration  of 
section  2,  be  postponed. 

And  the  motion  prevailed. 

Section  6,  of  the  report  of  the  Committee  of  the  Whole,  was  again 

taken  up. 

Whereupon  Mr.  Fifer  offered  the  following  as  a  substitute  for  sec¬ 
tion  6,  and  moved  its  adoption : 

Amend  section  6,  by  substituting  there  for  the  following- 
‘‘Section  6.  No  appropriation  for  the  Illinois  and  Michigan  Canal  or 
tor  the  Illinois  Waterway  and  its  appurtenances  shall  be  made  from  the' 
Smte  treasury,  except  from  the  special  funds  respectively  in  the  treasury 
arising  from  the  proceeds,  receipts  and  income  of  such  eana1  or  of  such 
Illinois  Waterway.  The  General  Assembly  shall  never  contract  debts  for 
canals  or  waterways,  or  appurtenances  thereof,  except  in  the  manner  pro¬ 
vided  by  section  181/;  of  the  article  on  Legislative  Department.” 

lending  discussion,  Mr.  Lindly  moved  that  further  consideration 
ot  section  6,  together  with  the  pending  substitute  therefor,  be  postponed. 
And  the  motion  prevailed. 

Mr.  Wall  moved  to  reconsider  the  vote  by  which  section  13,  of  Re¬ 
port  No.  11,  of  the  Committee  on  Phraseology  and  Style,  was  adopted. 

Mr.  Sneed  moved  to  lay  that  motion  on  Rie  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in  the 

affirmative. 


724 


JOURNAL  OF  THE 


[May  5, 


The  Convention  proceeding  upon  the  consideration  of  Report  Ho. 
8,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Chicago 
and  Cook  County. 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption : 


Amendment  No.  17. 


Amend  Report  No.  S’,  by  adding  a  new  section  thereto,  to  be  known  as 
section  18,  as  follows: 

“Section  18.  The  county  authorities  shall  never  assess  taxes  the  aggre¬ 
gate  of  which  shall  exceed  seventy-five  cents  per  one  hundred  dollars 
valuation  except  such  additional  taxes  as  may  have  been  authorized  prior  to 
the  adoption  of  this  Constitution,  unless  authorized  by  a  vote  of  the  people 

of  the  county.  .  ,  ... 

After  any  consolidation  of  all  or  part  of  the  county  of  Cook  with  any 
other  taxing  body  exercising  county  functions  has  been  effected,  the  limit 
of  taxation  shall  be  fixed  oy  the  General  Assembly  in  accordance  with 
general  of  special  law.” 


And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  18,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  64;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Adamkiewicz 

Baldwin 

Barr 

Brenholt 

Brewster 

Carl  strom 

Catron 

Chew 

Clarke 

Corlett 

Cruden 

Davis 


Dawes 

De  Young 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Biting 

Fifer 

Gale 

Ganschow 

Gee 

Gilbert 

Goodyear 


Gray 
Green 
Hamill 
Hogan 
Hull 
Jack 

Johnson,  L.  C. 

Kerrick 

Kunde 

Lill 

Lindly 

Mack 

McGuire 


Meinert 

Miller 

Mills 

Moore 

Paddock 

Pincus 

Pinnell 

Quinn 

Revell 

Rinaker 

Shuey 

Smith 

Sneed 


Stahl 

Sutherland 

Taff 

Tebbens 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Wilson 

Mr.  President 

Yeas — 64. 
Nays — 0. 


Section  18,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Mr.  G.  A.  Dupuy  offered  the  following  resolution  and  moved  its 

adoption : 


Resolution  No.  39. 

Resolved.  That  it  is  the  sense  of  this  Convention  that  any  person 
holding  any  office  at  the  time  of  the  adoption  of  this  Constitution,  and  all 
persons  who  may  be  at  the  November  election,  A.  D.  1922,  elected  to  office^ 
now  existing,  shall  hold  their  said  offices  respectively  during  the  term  for 
which  elected  whether  or  not  prior  to  that  election  this  Constitution  shall 
go  into  effect.  That  the  Committee  on  Schedule  be  and  is  hereby  instructed 
to  bring  in  a  report  accordingly. 

And  the  resolution  was  adopted. 

Mr.  Hamill  moved  that  when  the  Convention  adjourns  today  it 
stand  adjourned  until  Tuesday,  June  13,  1922,  at  10  :00  o’clock  a.  m. 

Mr.  Revell  moved  to  amend  the  motion  to  read  “Tuesday,  June  6, 

1922" 

And  the  question  being  on  the  adoption  of  the  amendment,  it  was 
decided  in  the  negative. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


725 


The  question  recurring  on  the  motion  of  Mr.  Hamill,  it  was  decided 
in  the  affirmative. 

At  the  hour  of  11:30  o’clock  p.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  adjourn. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned  until  Tuesday,  June  13,  1922, 
at  10  :00  o’clock  a.  m. 


726 


JOURNAL  OF  THE 


[June  13, 


TUESDAY,  JUNE  13,  1922,  10  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  E.  S.  McCown,  of  the  Presbyterian 
Church,  of  Pontiac. 

The  Journal  of  Thursday,  May  4,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up. 

Whereupon  Mr.  Hull  asked  and  obtained  unanimous  consent  to 
have  the  printed  Journal  corrected,  on  page  14,  by.  inserting  his  Amend¬ 
ment  No.  16,  offered  at  the  time  but  not  considered,  in  conjunction  with 
Amendment  No.  15,  as  follows: 


Amendment  No.  16. 

Amend  Report  No.  8,  by  adding  a  new  section  thereto  to  be  known  as 
section  17a,  as  follows: 

“Section  17a.  Each  issue  of  bonds  or  other  securities  by  the  city  for 
financing  any  income-producing  public  utility  shall  be  payable  in  substan¬ 
tially  equal  annual  installments  of  principal  and  interest  combined  begin¬ 
ning  not  more  than  five  years  from  the  date  thereof,  but  provision  may  be 
made  for  the  payment  of  any  part  of  such  debt  in  advance.  No  such  bonds 
or  other  securities  shall  be  issued  unless  the  proposition  therefor  is  approved 
at  an  election  by  a  majority  of  those  voting  on  the  question. 

The  City  of  Chicago  if  it  shall  own  or  operate  any  such  public  utility, 
shall  conform  to  the  requirements  for  keeping  such  account  and  for  the 
audit  thereof  and  for  making  reports  that  may  be  prescribed  by  law  for  a 
like  utility  privately  owned. 

Laws  may  be  passed  in  aid  of  this  and  the  preceding  section.” 

There  being  no  further  corrections  proposed,  the  Journal  was 
ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25th,  the  Secretary 
called  the  roll  of  the  Convention,  which  resulted  as  follows :  Present  59. 

Answering  present :  Messrs. 


Adams 

De  Young 

Hogan 

Michal 

Stahl 

Beckman 

Dietz 

Hull 

MiUer 

Sutherland 

Brenholt 

Dupee,  E.  H. 

Iarussi 

Mills 

Taff 

Brewster 

Dupuy,  G.  A. 

Ireland 

Moore 

Tebbens 

Carlstrom 

Elting 

Jack 

Nichols 

Torrance 

Catron 

F*yke 

Jarman 

Pincus 

Traeger 

Clarke 

Garrett 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Corlett 

Gee 

Johnson,  W.  A. 

Quinn 

Wall 

Cruden 

Gilbert 

Kerrick 

Scanlan 

Whitman 

Cutting1 

Goodyear 

Kunde 

Shanahan 

Wilson 

Davis 

Gray 

Lindly 

Shuey 

Mr.  President 

Dawes 

Hamill 

Meinert 

Smith 

Present — 

On  account  of  sickness  Messrs.  Gale,  McGuire  and  Wolff  were  ex¬ 
cused  from  attendance  at  the  sessions  of  the  Convention  this  week. 

The  President  laid  before  the  Convention  the  appointment  of  the 
Committee  on  Submission  and  Address,  as  follows :  Messrs.  Green, 


19-22.] 


CONSTITUTIONAL  CONVENTION. 


727 


Chairman;  Brandon,  Shanahan,  Jarman,  Hamill,  Smith,  Ganschow, 
Barr,  Morris,  Sneed,  O’Brien,  Lindlv,  Davis,  Wolff,  and  Fyke. 

At  the  hour  of  11 :00  o’clock  a.  m.,  Mr.  Hamill  moved  that  the 
Convention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2:00  o’Clock  P.  M. 

The  hour  of  2  :00  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

At  the  hour  of  2  :J5  o’clock  p.  m.,  Mr.  Davis  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  3  :30  o’clock  p.  m. 

And  the  motion  prevailed. 

3:30  o’Clock  P.  M. 

The  hour  of  3  :30  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Fifer  to  the  chair,  who,  in  turn,  called  Mr.  Moore  to  the  chair. 

And  at  the  hour  of  3  :35  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  the  report  of  the  Com¬ 
mittee  on  Future  Amendment  of  the  Constitution. 

At  the  hour  of  6 :37  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Moore,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  the  report  of  the  Committee  on  Future  Amendment  of  the 
Constitution,  reported  the  same  back  together  with  the  following  amend¬ 
ment  thereto,  to-wit : 

Amend  section  2  by  striking  out  of  line  9  all  after  the  word  “election” 
and  in  line  10  the  words  “voting  at  said  election”  and  substitute  therefor 
the  following:  “and  if  voters  equal  in  number  to  a  majority  of  the  votes 
cast  for  members  of  the  House  of  Representatives.” 

And  recommended  that  the  report,  as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  in  and  referred  to  the 
Committee  on  Phraseology  and  Style. 

At  the  hour  of  6  :40  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


728 


JOURNAL  OF  THE 


[June  14, 


WEDNESDAY,  JUNE  14,  1922,  9:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 


The  President  presiding. 

Prayer  was  ottered  by  the  Rev.  R.  S.  McCown,  of  the  Presby  terian 


Church,  of  Pontiac.  .  ' 

The  Journal  of  Friday,  May  5,  having  been  printed  and  placed  on 

the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up 
and  no  corrections  appearing,  was  ordered  to  stand  appror ed. 

In  accordance  with  the  resolution  adopted  April  25,  the  Secietary 
called  the  roll  of  the  Convention,  which  resulted  as  follows:  Present,  70. 


Those  answering  present  are  :  Messrs. 


Adams 

Dawes 

Gray 

Barr 

De  Young 

Green 

Beckman 

Dietz 

Hamill 

Brenholt 

Dryer 

Hogan 

Brewster 

Dunlag 

Hollenbeck 

Cary,  C.  D. 

Dupee,  E.  H. 

Hull 

Carlstrom 

Dupuy,  G.  A. 

Iarussi 

Catron 

Elting 

Ireland 

Clarke 

Fifer 

Jack 

Coolley 

Ganschow 

Jarman 

Corlett 

Garrett 

Johnson,  L.  C. 

Cruden 

Gee 

Johnson,  W.  A. 

Cutting 

Gilbert 

Kerrick 

Davis 

Goodyear 

Kunde 

Lindly 

Meinert 

Miller 

Mills 

Moore 

Nichols 

O’Brien 

Paddock 

Pinnell 

Rinaker 

Scanlan 

Shanahan 

Shuey 

Six 


Smith 

Sneed 

Stahl 

Sutherland 

Taf¥ 

Tebbens 
Todd 
Traeger 
Trautmann 
Wall 
Warren 
Whitman 
Wilson 
Mr.  President 
Present — 70. 


The  Convention  proceeding  on  the  order  of  reports  of  standing 


committees. 

Mr.  Clarke  submitted  the  following  report : 


REPORT  NO.  20. 

YOUR  COMMITTEE  ON  PHRASEOLOGY  AND  STYLE  TO  M  HICH  V\  AS 
RFFFRRED  A  PROPOSAL  ENTITLED  FUTURE  AMENDMENTS,  AS 

-  AMENDED  in  committee  of  the  whole,  respectfully  re¬ 
ports  that  IT  HAS  CONSIDERED  SUCH  PROPOSAL  AND  PRE- 
SEN?!  HEREWITH  A  SUBSTITUTE  THEREFOR  AS  RECOM- 
MENDED  BY  THIS  COMMITTEE. 

Resolved,  That  the  following  shall  become  a  part  of  the  Constitution 

° '  1 Section  1  Whenever  two-thirds  of  the  members  of  each  House  of  the 
Genera!  Assembly,  by  a  vote  entered  upon  the  Journals  sb .all  concur  t ;hat  a 
Convention  is  necessary  to  revise,  alter  or  amend  the  Constitution,  tne  que 
Hon  Shan  be  submitted  to  the  electors  at  the  next  general  election.  If  a 

5  r  iTt^i  &  aKdX  & 

payment  and  for  the  expenses  necessarily  incurred  by  the  Convention  in 


1922.] 


CONSTITUTIONAL  CONVENTION. 


729 


the  performance  of  its  duties.  Before  proceeding,  the  members  shall  take 
an  oath  to  support  the  Constitution  of  the  United  States  and  the  Constitu¬ 
tion  of  this  State  and  to  discharge  faithfully  their  duties  as  members  of 
the  Convention.  The  qualifications  of  members  shall  be  the  same  as  those 
of  members  of  the  Senate  and  vacancies  shall  be  filled  in  the  manner  pro¬ 
vided  for  filling  vacancies  in  the  General  Assembly.  The  Convention  shall 
meet  within  three  months  after  the  election  and  prepare  such  revision, 
alteration  or  amendments  of  the  Constitution  as  it  deems  necessary.  Such 
revision,  alteration  or  amendments  shall  be  submitted  to  the  electors  for 
their  ratification  or  rejection  at  an  election  appointed  by  the  Convention 
for  that  purpose,  not  less  than  two  months  nor  more  than  six  months  after 
its  adjournment.  Unless  so  submitted  and  approved  by  a  majority  of  those 
voting  at  the  election  no  such  revision,  alteration  or  amendment  shall  take 
effect. 

Section  2.  Amendments  to  the  Constitution  may  be  proposed  in  either 
House  of  the  General  Assembly  and  if  voted  for  by  two-thirds  of  the  mem¬ 
bers  elected  to  each  House,  such  proposed  amendments  together  with  the 
yeas  and  nays  of  each  House  thereon,  shall  be  entered  in  full  upon  their 
respective  Journals.  Such  amendments  shall  be  submitted  to  the  electors 
for  adoption  or  rejection  at  the  next  election  for  members  of  the  General 
Assembly  in  the  manner  prescribed  by  law,  and  shall  be  published  in  full 
at  least  three  months  before  the  election.  If  electors  equal  in  number  to  a 
majority  of  the  votes  cast  for  members  of  the  House  of  Representatives, 
vote  for  the  proposed  amendments,  they  shall  become  part  of  the  Consti¬ 
tution.  The  General  Assembly  shall  not  propose  amendments  to  more  than 
two  articles  of  the  Constitution  at  the  same  session  or  to  the  same  articles 
oftener  than  once  in  four  years. 

Respectfully  submitted, 

(Signed)  Elam  L.  Clarke,  Chairman. 

George  A.  Barr. 

E.  H.  Brewster. 

•  Eugene  H.  Dupee. 

Thomas  Rinaker. 

C.  B.  T.  Moore. 

June  14,  1922. 

The  report  of  the  committee  was  ordered  printed  and  the  proposal 
placed  on  the  order  of  second  reading. 

The  Convention  proceeding  upon  the  consideration  of  the  report  of 
the  Committee  on  Phraseology  and  Style,  on  the  subject  of  future  amend¬ 
ment  of  the  Constitution,  section  1  thereof  was  taken  up  and  read  at 
large. 

Pending  roll  call  Mr.  Corlett  moved  that  further  consideration  of 
section  1  be  postponed. 

And  the  motion  prevailed. 

Section  2  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Cutting  offered  the  following ‘  amendment  and 
moved  its  adoption : 


Amendment  No.  1. 

Amend  section  2  by  striking  out  the  word  “articles”  in  the  last  line 
thereof  and  inserting  in  lieu  thereof  the  word  “section.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  2,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  69;  nays,  0. 


730 


JOURNAL  OF  THE 


[June  14, 


Those 

voting  in  the 

affirmative  are: 

Messrs. 

Adams 

De  Young 

Green 

Meinert 

Barr 

Dietz 

Hamill 

Miller 

Beckman 

Dryer 

Hogan 

Mills 

Brenholt 

Dunlap 

Hollenbeck 

Moore 

Brewster 

Dupee,  E.  H. 

Hull 

Nichols 

Cary,  C.  D. 

Dupuy,  G.  A. 

Iarussi 

Paddock 

Carlstrom 

Elting 

Ireland 

Pinnell 

Clarke 

Fifer 

Jack 

Rinaker 

Coolley 

Ganschow 

Jarman 

Rosenberg 

Corlett 

Garrett 

Johnson,  L.  C. 

Scanlan 

Cruden 

Gee 

Johnson,  W.  A. 

Shanahan 

Cutting 

Gilbert 

Kerrick 

Shuey 

Davis 

Goodyear 

Kunde 

Six 

Dawes 

Gray 

Lindly 

Smith 

Sneed 

Stahl 

Sutherland 

Taff 

Tehbens 

Todd 

Traeger 

Trautmann 

Wall 

Warren 

Whitman 

Wilson 

Mr.  President 

Yeas — 69. 
Nays — 0. 


Section  2,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Pule  20. 

The  Convention  proceeding  upon  the  consideration  of  Keport  A  o. 
13,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  canals 
and  waterways,  section  2,  of  the  report  of  the  Committee  of  the  Whole, 


was  again  taken  up. 

Whereupon  Mr.  Jarman  offered  the  following  as  a  substitute  for 

section  2,  and  moved  its  adoption :  * 

Amend  section  2  by  substituting  therefor  the  following: 

“Section  2.  No  further  appropriations  for  or  in  aid  of  the  Illinois 
Waterway  or  any  of  its  appurtenances  shall  be  made  by  the  General  As¬ 
sembly  except  subject  to  the  approval  by  a  majority  of  the  "voters  voting 
at  a  general  election  as  shall  be  provided  by  lawT,  and  then  only  after  an 
adequate  flow  of  wmter  from  Lake  Michigan  has  been  provided  by  or  with 
the  approval  of  the  Federal  Government,  and  after  an  effective  sewerage 
disposal  system  for  Chicago  sewage  without  substantial  pollution  of  the 
"waters  of  the  Illinois  River,  shall  be  in  successful  opeiation. 

Mr.  Scanlan  moved  to  lay  the  substitute  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in  the 


affirmative. 

The  question  then  being  on  the  adoption  of  section  2,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Aeas,  52;  na}S,  18. 

Those  voting  in  the  affirmative  are :  Messrs. 


Barr 

De  Young 

Hamill 

Michal 

Beckman 

Dietz 

Hogan 

Miller 

Brenholt 

Dryer 

Hull 

Mills 

Cary,  C.  D. 

Dunlap 

Iarussi 

Moore 

Catron 

Dupee,  E.  H. 

Ireland 

O’Brien 

Clarke 

Dupuy,  G.  A. 

Jack 

Paddock 

Corlett 

Elting 

Johnson,  D.  C. 

Rosenberg 

Cruden 

Ganschow 

Kunde 

Scanlan 

Cutting 

Garrett 

Lindly 

Shanahan 

Davis 

Gilbert 

Meinert 

Six 

Dawes 

Green 

Smith 

Sutherland 

Tebbens 

Todd 

Traeger 

Trautmann 

Warren 

Whitman 

Wilson 

Mr.  President 

Yeas — 52. 


Those  voting  in  the  negative  are:  Messrs. 

Adams  Gee  Jarman  Pinnell 

Brewster  Goodyear  Johnson,  W.  A.  Shuey 

Coolley  Gray  Kerrick  Sneed 

Fifer  Hollenbeck  Nichols 


Stahl 

Taff 

Wall 

Nays — 18. 


Answering  present  but  not  voting :  Mr. 

Rinaker  Total  1. 

Section  2,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 


CONSTITUTIONAL  CONVENTION. 


731 


1922.] 


Committee  on  Phraseology  and  Style  tor  action,  as  provided  by  Rule  20. 
Mr,  Lindly  moved  to  reconsider  the  vote  by  which  section  2  was 

adopted. 

Mr.  Barr  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in  the 

affirmative. 

Section  6,  of  the  report  of  the  Committee  of  the  Whoie,  together 
with  the  pending  substitute  therefor,  was  again  taken  up. 

Whereupon,  by  unanimous  consent,  Mr.  Fifer  withdrew  the  pending 


substitute  for  section  6. 

The  question  then  being  on  the  adoption  of  section  6,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  65;  nays,  0. 


Those  voting  in  the  affirmative  are : 


Adams 

Dietz 

Hogan 

Barr 

Dryer 

Hollenbeck 

Brenholt 

Dunlap 

Hull 

Brewster 

Dupee,  E.  H. 

Iarussi 

Cary,  C,  D. 

Elting 

Ireland 

Catron 

Ganschow 

Jack 

Clarke 

Garrett 

Johnson,  L,  C. 

Coolley 

Gee 

Kerrick 

Corlett 

Gilbert 

Kunde 

Cruden 

Goodyear 

Lindly 

Cutting 

Gray 

Meinert 

Davis 

Green 

Michal 

Dawes 

Hamill 

Miller 

De  Young 

At  the  hour  of  12  :15 

o’clock  p.  111. 

Messrs. 

Mills 

Stahl 

Moore 

Sutherland 

Nichols 

Taff 

O’Brien 

Tebbens 

Paddock 

Todd 

Pinnell 

Traeger 

R  maker 

Trautmann 

Rosenberg 

Wall 

Scanlan 

Warren 

Shanahan 

Whitman 

Shuey 

Wilson 

Smith 

Mr.  President 

Sneed 

Yeas — 

Nays- 

Mr.  Green  moved  that  the  Con¬ 


vention  do  now  take  a  recess  until  2  :00  o’clock  p.  m 
And  the  motion  prevailed. 


2:00  o’Clock  P.  M. 

The  hour  of  2  :00  o’clock  p.  m.  having  arrived,  the  Convention  re- 
sumed  its  session. 

The  President  presiding.  .  .  Q 

The  Convention  proceeding  upon  the  consideration  ot  Keport  No.  o, 
of  the  Committee  on  Phraseology  and  Style,  on  the  subject  ot  (  hicago 
ami  Cook  County,  section  16a  was  again  taken  up. 

Whereupon  Mr.  Miller  offered  the  following  amendments  and  moved 

their  adoption : 


Amendment  No.  18. 

Amend  section  16a  by  striking  out  beginning  in  line  2  thereof  the  fol¬ 
lowing  words:  “Up  to  15  per  cent  of  the  full  value  of  the  taxable  leal 
property  therein  as  ascertained  by  the  last  assessment  for  State  and  county 
taxes  previous  to  the  issuing  of  such  bonds  but  any  slilcl]4„boi]?>s  may  1)6 
issued  only  for”  and  by  inserting  in  lieu  thereof  the  words  for  the  purpose 
of,”  and  by  striking  out  beginning  in  line  6  thereof  after ,  the  word  trans¬ 
portation”  the  words:  “Communication,  light,  heat,  power  so  that  the  hi.t. 

sentence  of  said  section  16a  shall  read  as  follows.  .  . 

“The  City  of  Chicago  may  issue  bonds  (in  addition  to  any  debt  othei- 

wise  permitted  by  this  Constitution)  for  the  purpose  of  acquiring,  leasing, 
constructing  or  operating  income-producing  property  for  supplying  trans¬ 
portation  or  water.” 

And  the  amendment  was  adopted. 


732  ’ 


JOURNAL  OF  THE 


[June  14, 


Amendment  No.  19. 

Amend  section  16a  by  striking  out  in  line  9  thereof  the  word  “thirty” 
and  by  inserting  in  lieu  thereof  the  word  “forty.” 

And  the  amendment  was  adopted. 

Amendment  No.  20. 

Amend  section  16a  by  inserting  in  line  6  of  the  second  paragraph  thereof 
after  the  words  “gross  earnings”  the  words  “or  the  rentals.” 

And  the  amendment  was  adopted. 

Amendment  No.  21. 

Amend  section  16a  by  striking  out  the  word  “its”  before  the  word 
“treasurer”  in  the  second  paragraph  thereof  and  inserting  in  lieu  thereof 
the  words  “the  cities.” 

And  the  amendment  was  adopted. 


Amendment  No.  22. 

Amend  section  16a  by  inserting  in  line  3  of  the  third  paragraph  thereof 
after  the  word  “supplied”  the  words  “or  such  rentals  if  the  property  shall 
be  let  for  private  operation.” 

And  the  amendment  was  adopted. 

Mr.  Wilson  offered  the  following  amendment  and  moved  its  adop¬ 
tion  : 

Amendment  No.  23. 

Amend  section  16a  so  that  the  first  sentence  thereof  sfiall  read  as 
follows: 

“The  City  of  Chicago  may  issue  bonds  (in  addition  to  any  debt  other¬ 
wise  permitted  by  this  Constitution)  for  the  purpose  of  building  a  trans¬ 
portation  subway  to  be  leased  to  the  transportation  companies  upon  an  in¬ 
determinate  franchise.” 

And  the  amendment  was  lost. 

Pending  roll  call  Mr.  Hull  moved  that  further  consideration  of 
section  16a  be  postponed. 

And  the  motion  prevailed. 

By  unanimous  consent,  upon  his  request,  Mr.  Michal  was  excused 
from  attendance  at  the  sessions  of  the  Convention  for  the  balance  of  the 
week. 

At  the  hour  of  5  :00  o’clock  p.  m.,  Mr.  Davis  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


733 


THURSDAY,  JUNE  15,  1922,  9:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  R.  S.  McCown,  of  the  Presbyterian 
Church,  of  Pontiac. 

The  Journal  of  Tuesday,  June  13,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken  up, 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25,  the  Secretary 
called  the  roll  of  the  Convention,  which  resulted  as  follows :  Present,  61. 

Those  answering  present  are :  Messrs. 


Adams 

Davis 

Hogan 

Meinert 

Smith 

Barr 

Dawes 

Hollenbeck 

Miller 

Stahl 

Brenholt 

De  Young 

Hull 

Mills 

Sutherland 

Brewster 

Dietz 

Iarussi 

Moore 

Taff 

Cary,  C.  D. 

Dunlap 

Ireland 

Nichols 

Tebbens 

Carlstrom 

Dupee,  E.  H. 

Jack 

Paddock 

Traeger 

Catron 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Trautmann 

Chew 

Elting 

Johnson,  L.  C. 

Rinaker 

Wall 

Ciarke 

Fifer 

Johnson,  W.  A. 

Rosenberg 

Warren 

Cooliey 

Ganschow 

Kerrick 

Scanlan 

Whitman 

Corlett 

Gilbert 

Kunde 

Shanahan 

Wilson 

Cruden 

Goodyear 

Lindly 

Shuey 

Mr.  President 

Cutting 

Hamill 

McEwen 

Six 

Present — 64. 

The 

Convention  proceeding  on  the 

order  of 

reports  of  standing 

committees. 


Mr.  Gr.  A.  Dupuy  submitted  the  following  report : 


Report  of  the  Committee  on  Schedule. 

Your  Committee  on  Schedule  respectfully  reports  to  the  Convention  the 
following  sections  and  recommends  their  adoption: 

That  no  inconvenience  may  arise  from  the  alterations  and  amendments 
made  in  the  Constitution  of  this  State,  and  to  carry  the  same  into  complete 
effect,  it  is  hereby  ordained  and  declared: 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this  Constitution, 
not  inconsistent  therewith,  and  all  rights,  actions,  prosecution,  claims,  and 
contracts  of  this  State,  individuals,  or  bodies  corporate,  shall  continue  to  he 
as  valid  as  if  this  Constitution  had  not  been  adopted. 

Section  2.  That  all  fines,  taxes,  penalties  and  forfeitures,  due  and  owing 
to  the  State  of  Illinois  under  the  present  Constitution  and  laws,  shall  inure 
to  the  use  of  the  people  of  the  State  of  Illinois,  under  this  Constitution. 

Section  3.  Recognizances,  bonds,  obligations,  and  all  other  instruments 
entered  into  or  executed  before  the  adoption  of  this  Constitution,  to  the 
people  of  the  State  of  Illinois,  to  any  State  or  county  officer  or  public  body, 
shall  remain  binding  and  valid;  and  rights  and  liabilities  upon  the  same 
shall  continue,  and  all  crimes  and  misdeameanors  shall  be  tried  and  punished 
as  though  no  change  had  been  made  in  the  Constitution  of  this  State. 

Section  4.  All  persons  now  filling  any  office  or  appointment  shall  con¬ 
tinue  the  exercise  of  the  duties  thereof  and  according  to  their  respective 
commissions  or  appointments,  unless  by  this  Constitution  it  is  otherwise 
directed. 


734 


JOURNAL  OF  THE 


[June  15, 


Section  5.  Except  as  otherwise  provided  in  this  Constitution  all 


_  T  _  4_  •  •  I  .  _  any  election  held  prior  to  the  November 

election  nineteen  hundred  twenty-three,  shall  hold  office  until  the  next  en¬ 
suing  No\  ember  election  following  the  date  when  the  term  of  such  office 
would  otherwise  expire. 

Except  as  otherwise  provided  in  this  Constitution,  every  person  holding 
any  office  of  this  State  or  of  any  political  subdivision  thereof  at  the  time  of 
the  adoption  of  this  Constitution,  and  whose  term  of  office  shall  expire  after 
the  November  election  nineteen  hundred  twenty-three,  shall  continue  in 
office  until  the  November  election  next  ensuing  the  time  when  such  term  of 
office  would  otherwise  regularly  expire. 

Section  7.  After  the  adoption  of  this  Constitution  when  the  State  is 
first  apportioned  for  members  of  the  Senate,  it  shall  be  provided  that  three 
of  the  additional  members  shall  be  elected  the  first  time  for  a  term  of  two 
years  and  the  other  three  additional  members  for  a  term  of  four  years. 

Section  8.  The  terms  of  office  of  the  Justices  of  the  Supreme  Court 
now  in  office  shall  expire  at  the  several  dates  now  provided  by  law. 

Section  9.  On  the  day  this  Constitution  is  submitted  to  the  people  for 
i  atification  an  election  shall  be  held  for  a  Justice  of  the  Supreme  Court  in 
the  first  judicial  district  designated  in  this  Constitution,  at  which  election 
every  person  entitled  to  vote  according  to  the  terms  of  this  Constitution 
shall  he  allowed  to  vote,  and  the  election  shall  he  otherwise  conducted, 
returns  made  and  certificate  issued  in  accordance  with  existing  laws.  If, 
upon  canvassing  the  votes  for  and  against  the  adoption  of  this  Constitution 
it  shall  appear  that  this  Constitution  shall  net  have  been  adopted,  then  no 
certificate  of  election  shall  be  issued  for  said  Justice. 

The  Justice,  if  elected  and  commissioned  shall  hold  his  office  until  the 
first  Monday  of  June,  nineteen  hundred  and  thirty-three,  but  he  shall  not 
enter  upon  the  discharge  of  his  duties  until  the  first  Monday  of  June,  nine¬ 
teen  hundred  and  twenty-four,  unless  prior  to  that  time  there  shall  be  a 
vacancy  from  any  district  on  the  Supreme  Court  in  which  case  he  shall  fill 
such  vacancy  until  the  first  Monday  of  June,  nineteen  hundred  and  twentv- 
four. 

When  the  term  of  office  of  the  Justice  residing  in  the  second  district 
(elected  from  the  sixth  district  under  the  Constitution  of  1870)  expires  on 
the  first  Monday  of  June,  nineteen  hundred  twenty-four,  this  said  office  shall 
cease  to  exist. 

The  successors  in  office  of  the  Justices  now  in  office  shall  be  elected  on 
the  first  Monday  in  June  in  the  years  in  which  the  respective  terms  expire. 

The  Justice  from  the  first  district  shall  be  elected  for  a  term  to  expire 
on  the  first  Monday  of  June,  nineteen  hundred  thirty-five. 

The  justice  from  the  fifth  district  shall  be  elected  for  a  term  to  expire 

on  the  first  Tuesday  after  the  first  Monday  in  November,  nineteen  hundred 

thirty-five. 

The  justices  from  the  fourth  and  sixth  districts  shall  each  be  elected 
for  a  term  to  expire  on  the  first  Tuesday  after  the  first  Monday  in  November, 
nineteen  hundred  thirty-three. 

The  Justice  for  the  third  district  shall  he  elected  for  a  term  to  expire 

on  the  first  Tuesday  after  the  first  Monday  of  November,  nineteen  hundred 

thirty-seven. 

The  justice  for  the  second  district  shall  be  elected  for  a  term  to  expire 
on  the  first  Tuesday  after  the  first  Monday  of  November,  nineteen  hundred 
thirty-nine. 

After  the  expiration  of  the  terms  as  above  specified,  the  term  of  each 
justice  shall  be  ten  years  from  the  day  of  his  election.  The  justices  from  the 
first  district  shall  be  elected  on  the  first  Monday  of  June  in  the  year  in  which 


1922.] 


CONSTITUTIONAL  CONVENTION. 


735 


their  terms  expire  and  the  justices  from  the  second,  third,  fourth,  fifth  and 
sixth  districts  shall  be  elected  on  the  first  Tuesday  after  the  first  Monday  in 
November  in  the  year  in  which  their  terms  expire. 

Section  10.  Any  justice  or  judge  now  in  office  shall  be  eligible  to  re- 
election  after  the  adoption  of  this  Constitution. 

Section  10A.  Until  otherwise  provided  by  law,  the  judges  of  the  Appel¬ 
late  Court  of  the  first  district  shall  receive  the  same  salaries  as  are  paid  to 
the  judges  of  the  Circuit  Courts  within  said  district,  and  the  judges  of  the 
Appellate  Courts  of  the  second,  third  and  fourth  districts  shall  each  receive 
$8,500  per  annum.  Such  salaries  shall  be  payable  in  the  same  manner,  at  the 
same  time,  and  from  the  same  sources  as  the  salaries  of  the  judges  of  the 
Circuit  Court  within  such  districts  respectively. 

Section  11.  On  the  first  ?  onday  of  May  A.  D.  1923,  the  Circuit,  Su¬ 
perior,  Criminal,  County  and  Probate  Courts  of  Cook  County,  the  Municipal 
Court  of  Chicago  and  the  City  Court  of  Chicago  Heights  shall  be  consolidated 
into  one  court  of  record  to  be  known  as  the  Circuit  Court  of  Cook  County. 

Section  12.  The  judges  of  the  Circuit,  Superior,  County  and  Probate 
Courts  of  Cook  County  in  office  on  the  first  Monday  of  May,  A.  D.  1923, 
except  the  judges  of  the  Circuit  and  Superior  Courts  of  Cook  County,  by  the 
adoption  of  this  Constitution  made  judges  of  the  Appellate  Court  for  the 
first  district,  whose  offices  as  judges  of  the  Circuit  and  Superior  Court  of 
said  county  thereby  cease  to  exist,  shall  be  the  judges  of  said  consolidated 
court  and  shall  continue  to  hold  office  during  the  respective  terms  for  which 
they  were  elected  or  appointed,  and  until  their  successors  are  elected  and 
shall  qualify.  The  chief  justice  and  the  associate  judges  of  the  Municipal 
Court  of  Chicago  shall  be  associate  judges  of  said  Circuit  Court  and  shall 
continue  to  hold  office  during  the  respective  terms  for  which  they  were 
elected  or  appointed  as  chief  justice  or  associate  judges  of  the  Municipal 
.  Court  of  Chicago  and  one  year  in  addition  thereto,  at  the  end  of  which  terms 
their  respective  offices  as  associate  judges  of  said  Circuit  Court  shall  cease 
to  exist.  * 

Section  13.  The  associate  judges  of  the  Circuit  Court  of  Cook  County 
shall,  until  the  termination  of  their  respective  offices,  perform  such  judicial 
duties  in  the  classes  of  cases  which  were  within  the  jurisdiction  of  the 
Criminal  Court  of  Cook  County  at  the  time  of  the  adoption  of  this  Constitu¬ 
tion,  and  also  in  the  classes  of  cases  arising  in  the  County  of  Cook  of  which, 
if  arising  in  the  city  of  Chicago,  the  Municipal  Court  of  Chicago  had  juris¬ 
diction  at  the  time  of  the  adoption  of  this  Constitution,  as  they  may  be 
assigned  to  perform,  and  during  the  periods  of  their  terms  of  office  as  such 
associate  judges,  they  shall  receive  the  salaries  allowed  them  by  the  laws 
in  force  on  the  first  Monday  of  May,  A.  D.  1922,  one-half  of  which  salaries 
shall  be  payable  out  of  the  State  treasury  and  one-half  out  of  the  county 
treasury  of  Cook  County. 

Section  14.  The  judge  of  the  County  Court  of  the  County  of  Cook,  who 
shall  be  in  office  at  the  time  of  the  adoption  of  this  Constitution  shall  con¬ 
tinue  to  exercise,  during  the  time  for  which  he  was  elected,  or  until  otherwise 
provided  by  law,  the  same  control  and  supervision  over  all  matters  of  elec¬ 
tion  as  provided  by  law.  After  the  expiration  of  his  term  of  office  all  such 
authority  and  supervision  shall  devolve  upon  the  chief  justice  of  the  civil 
division  of  said  Circuit  Court  until  otherwise  provided  by  law. 

Section  15.  The  County  Court  of  each  county,  other  than  the  County  of 
Cook,  is  hereby  continued  and  on  the  third  day  of  December,  1923,  the 
County  and  Probate  Courts  in  each  county,  other  than  in  the  county  of 
Cook  where  both  courts  exist,  shall  be  consolidated  into  one  court  to  be 
known  as  the  County  Court. 

Section  16.  1  he  judges  of  the  County  and  Probate  Courts  in  counties 

other  than  the  County  of  Cook,  in  office  on  the  third  day  of  December,  1923, 
shall  he  judges  of  such  consolidated  court,  and  shall  continue  to  hold  office 
during  the  terms  for  which  they  were  elected,  and  until  their  successors  are 
elected  and  shall  qualify. 


736 


JOURNAL  OF  THE 


[  J  Line  13, 


Section  17.  Unless  prior  to  the  .first  Monday  of  December,  A.  D.  1923, 
the  General  Assembly  shall  fix  the  salaries  of  county  judges  and  of  probate 
judges  (other  than  those  of  the  County  of  Cook),*the  salaries  of  such  judges 
shall,  from  and  after  that  date,  until  otherwise  provided  by  law,  be  as  fol¬ 
lows:  Such  salaries  shall  be  increased  by  the  addition  of  50  per  cent  of  the 
present  salary,  with  a  minimum  salary  of  two  thousand  five  hundred  dollars 
in  counties  having  a  population  of  less  than  fifteen  thousand;  in  counties 
having  a  population  of  fifteen  thousand  and  not  over  forty  thousand,  a  mini¬ 
mum  salary  of  four  thousand  dollars,  and  with  a  minimum  salary  of  five 
thousand  dollars  in  counties  having  a  population  of  forty  thousand  or  more. 
The  county  shall  continue  to  pay  the  salary  now  provided  by  law,  until  the 
whole  of  such  salaries  become  payable  from  the  State  treasury  as  in  this 
Constitution  provided,  and  until  that  time  the  increase  of  salary  provided 
herein  shall  be  payable  monthly  out  of  the  State  treasury. 

Section  18.  The  provisions  contained  in  the  last  sentence  of  section  126 
in  Article  V  shall  not,  so  far  as  same  affect  the  judges  of  the  County  and 
Probate  Courts,  become  effective  until  the  first  Monday  of  December,  A.  D. 
1923,  unless  hereafter  prior  to  that  date  the  General  Assembly  shall  have 


fixed  the  salaries  of  such  judges. 

Section  19.  The  clerk  of  the  Circuit  Court  of  Cook  County  in  office  on 
first  Monday  of  May,  A.  D.  1923,  shall  be  the  clerk  of  the  Circuit  Court 
herein  provided,  and  the  clerks  of  the  Superior,  Criminal  and  Probate  Courts 
of  Cook  County  and  of  the  Municipal  Court  of  Chicago  shall,  during  the 
terms  for  which  they  were  respectively  elected,  be  associate  clerks  of  the 
Circuit  Court  of  Cook  County,  exercising  as  near  as  may  be  the  same 
powers,  including  those  relating  to  the  selection,  appointment,  and  discharge 
of  all  those  employees  theretofore  in  service  in  each  of  their  respective 
offices;  shall  have  same  powers  as  theretofore  in  regard  to  the  collection 
and  disbursement  of  moneys.  They  shall  perform  the  same  duties  and 
receive  the  same  salaries  as  on  the  first  Monday  of  May,  A.  D.  1923.  At 
the  November  election  in  the  year  A.  D.  1924,  and  every  four  years  there¬ 
after,  there  shall  be  elected  a  clerk  of  the  Circuit  Court  of  Cook  County. 

In  case  there  shall  occur  a  vacancy  in  the  office  of  the  clerk  of  the 
Circuit  Court  of  Cook  County  at  any  time  prior  to  the  November  election 
in  the  year  A.  D.  1924,  then  and  in  that  case  such  vacancy  shall  be  filled 
by  appointment  by  a  majority  of  the  judges  and  associate  judges,  of  the 
Circuit  Court  of  one  of  such  associate  clerks  who  shall  hold  office  until  the 

November  election  in  1924.  .  _  .  ,  „  ..  — 

Section  20.  The  office  of  judge  of  the  city  court  and  ]udge  of  the  Pro¬ 

bate  Court  or  probate  judge  shall  be  abolished  from  and  after  the  respective 
consolidations  of  city  and  Probate  Courts  with  other  courts  as  in  this  Con¬ 
stitution  provided.  The  offices  of  justices  of  the  peace  and  constable  exist¬ 
ing  at  the  time  of  the  adoption  of  this  Constitution  shall,  from  and  after 
the  election  or  appointment  and  qualification  of  justices  of  the  peace  and 
constables  in  the  respective  districts,  towns  or  portions  of  towns,  m  accor<-' 
ance  with  the  provisions  of  this  Constitution  as  to  such  districts,  towns  or 

portions  of  towns,  be  abolished. 

Section  21.  The  clerk  of  the  County  Court  of  each  county,  other  than 

the  County  of  Cook,  in  office  on  the  third  day  of  December,  1923,  shall  be 

the  clerk  of  the  County  Court,  and  the  clerk  of  the  Probate  Court  of  each 
countv  other  than  the  County  of  Cook,  having  a  probate  clerk,  shall  be  the 
chief  deputy  county  clerk  of  the  County  Court  during  the  terms  for  which 
thev  were  elected,  and  at  the  salaries  received  by  them  severally  at  the  time 
of  the  adoption  of  this  Constitution  and  at  the  expiration  of  the  respective 
terms  of  office  of  the  probate  clerks  in  office  on  the  third  day  of  December, 

1923,  said  office  of  probate  clerk  be  abolished. 

Section  22  The  bailiff  of  the  Municipal  Court  of  Chicago  shall,  upon 
the  consolidation  of  the  courts  of  Cook  County  as  in .  this_  Constitution i  pro¬ 
vided  become  assistant  sheriff  of  the  County  of  Cook  and  he  shall  during 
his  term  have  as  near  as  may  be  the  same  powers,  duties  and  responsibili¬ 
ties  as  prior  to  such  consolidation,  including  the  charge  of  his  deputies,  with 
power  of  selection,  appointment,  and  removal. 


CONSTITUTIONAL  CONVENTION. 


737 


1922.]  w*,**^*^  —  - - 

Section  23.  This  Constitution  shall  be  submitted  to  the  people  of  the 
State  of  Illinois  for  adoption  or  rejection  at  an  election  to  be  held  on  Satur- 
day  .  The  county  clerks  of  the 

respective  counties  of  this  State  shall  give  notice  between  the.... . 

and . days  of . .  A.  D.  1922,  in  the  manner 

required  by  law  for  notices  of  general  elections,  that  at  such  election  this 
Constitution  will  be  submitted  to  the  electors  of  this  State  for  adoption  or 

Section  24.  Every  person  entitled  to  vote  under  the  ’provisions  of  this 
Constitution,  as  defined  in  the  article  on  suffrage  and  election,  shall  be  en¬ 
titled  to  vote  for  the  adoption  or  rejection  of  this  Constitution,  and  such 
persons  shall  vote  by  ballot  at  their  usual  places  of  voting  at  a  general 
election.  Such  election  shall  be  conducted  and  the  returns  thereof  made 
according  to  the  laws  now  in  force  regulating  general  elections,  except  that 
no  registry  shall  be  required  at  such  election  except  in  election  districts  in 
which  registration  of  voters  is  now  required  for  general  elections.  In  such 
districts  no  person  shall  vote  except  those  registered  as  required  by  existing 
laws.  The  polls  shall  be  kept  open  at  such  election  for  the  reception  of 
ballots  from  the  hour  of  seven  o’clock  in  the  morning  until  the  houi  o 

seven  o’clock  in  the  evening.  . 

Section  25.  The  officers  now  required  by  law,  in  the  case  of  general 

elections,  to  provide  proper  election  supplies  for  each  precinct  or  district, 
shall  provide,  in  the  manner  now  required  by  law  for  conducting  general 
elections,  all  necessary  poll  books,  tally  sheets,  form  of  return,  and  ball  os 
for  such  election.  There  shall  be  prepared  and  furnished  one  and  one-tenth 
ttoes  as  many  ballots  as  there  are  votes  In  the  election  district  in  which 

mich  officers  have  jurisdiction.  .  ,, 

Section  26.  The  elector  shall  designate  his  vote  by  a  cross  mark  thus, 
X  to  be  placed  in  one  of  the  spaces  on  the  right-hand  margin  of  the  ballot. 
Each  ballot  shall  be  a  vote  for  a  vote  against  the  adoption  of  this  Consti¬ 
tution  shall  be  indicated  by  the  cross  mark  of  the  voter  on  the  ballot. 

Section  27  The  ballots  cast  for  and  against  this  Constitution  shall  be 
received  and  canvassed  by  the  judges  and  clerks  of  such  election  and  re¬ 
turned  to  the  county  clerks  of  their  respective  counties,  within  five  days 
after  such  election,  in  the  same  manner  as  ballots  cast  for  members  of  the 
General  Assembly  are  required  by  law  to  be  received,  canvassed,  and  re- 

tUrnSec«onU28.  Tetons^shail  be  made  by  the  several  county  clerks  to  the 
Secretary  of  State  and  shall  show  the  aggregate  number  of  votes  cast  in 
each  county  (a)  for  the  adoption  of  this  Constitution,  and  (b)  against  the 
adoption  of  this  Constitution.  Such  returns  shall  be  made  by  the  several 
countv  clerks  within  fifteen  days  after  such  election;  such  returns  shall 
within  ten  days  thereafter  be  examined  and  canvassed  by  the  Attorney 
General  the  Secretary  of  State,  the  Auditor  of  Public  Accounts,  and  the 
ftate  Treasurer  or  any  three  of  them,  in  the  presence  of  the  Governor  and 
proclamation  shall  be  made  by  the  Governor  forthwith  of  the ,  result  of  he 
canvass.  It  it  shall  appear  that  a  majority  of  the  votes  polled .  are  lot  the 
new  Constitution,  the  same  shall  be  the  supreme  law  of  the  State  ot  Illinois 

on  ana  ait  ..  George  A.  Duruy,  Chairman , 

Wm.  E.  Trautman, 

Philip  E.  Elting, 

Andrew  H.  Mills, 

Albert  E.  Taff, 

Committee  on  Schedule. 


Minority  Report  of  Committee  on  Siiedule. 

The  undersigned  members  of  the  Committee  on  Schedule  beg  leave  to 
make  a  minority  report  as  to  sections  8  and  9,  in  substitution  for  which 
we  offer  the  following: 

—47  C  J 


738 


JOURNAL  OF  THE 


[June  15, 


Sec,t1^1  8;.  The  terms  of  office  of  the  justices  of  the  Supreme  Court  in 
office  at  the  time  of  the  adoption  of  this  Constitution  are  extended  to  the 
2  *h®  r®®?®*lv®  elections  first  to  be  held  in  the  several  districts 
established  by  this  Constitution;  which  elections  shall  be  held  in  the  month 
oi  June  in  the  several  years;  and  in  the  several  districts,  and  (except  as 
herein  otherwise  provided)  every  ten  years  thereafter,  as  follows: 

In  the  fourth  district,  in  1925,  for  election  of  one  justice. 

In  the  fifth  district,  in  1925,  for  election  of  one  justice. 

ul  sixth  district,  in  1925,  for  election  of  one  justice. 

In  the  third  district,  in  1927,  for  election  of  one  justice. 

In  the  first  district,  in  1927,  for  election  of  one  justice. 

In  the  second  district,  in  1931,  for  election,  of  one  justice. 

The  term  of  office  of  the  Justice  residing  in  the  second  district  (elected 
from  the  sixth  district  under  the  Constitution  of  1870)  is  hereby  extended 
o  the  7s  ov  ember  election,  1927,  at  which  time,  or  sooner  in  case  of  vacancv 
therein,  such  office  shall  cease  to  exist. 


Section  9.  On  the  day  this  Constitution  is  submitted  to  the  people  for 
ratification  an  election  shall  be  held  for  a  Justice  of  the  Supreme  Court  in 
the  first  judicial  district  designated  in  this  Constitution  at  which  election 

ePtltled  t0  vote  according  to  the  terms  of  this  Constitution 
shah  be  alloved  to  vote,  and  the  election  shall  be  otherwise  conducted,  re¬ 
turns  made  and  certificate  issued  in  accordance  with  existing  laws.  If.  upon 
canvassing  the  votes  for  and  against  the  adoption  of  this  Constitution  it 
shall  appeal  that  this  Constitution  shall  not  have  been  adopted,  then  no 
certificate  of  election  shall  be  issued  for  said  Justice. 

One  member  of  the  court,  to  be  selected  by  themselves,  from  among  the 
members  either  of  the  first  or  the  second  district  shall  be  designated  and 
serve  as  administrative  executive  of  the  Supreme  Court,  so  long  as  there 
shall  be  two  members  of  the  court  from  the  second  district  under  this  Con¬ 
stitution;  and  while  so  designated,  such  Justice  shall  be  relieved  from  duty 
in  the  consideration  of  causes  pending  in  said  court. 

Said  justice  from  the  first  district,  if  elected  and  commissioned  shall 
hold  his  office  until  the  first  Monday  of  June,  nineteen  hundred  thirty-three. 

The  successor  in  office  of  the  justice  now  in  office  in  the  first  district 
under  this  Constitution  shall  be  elected  on  the  first  Monday  of  June,  nine¬ 
teen  hundred  twenty-seven,  for  a  term  to  expire  on  the  first  Monday  of 
June,  nineteen  hundred  thirty-seven. 

The  successor  of  the  justice  now  in  office  for  the  second  district  under 
this  Constitution  shall  be  elected  on  the  first  Monday  in  June,  nineteen 
hundred  thirty-one,  to  expire  on  the  first  Tuesday  after  the  first  Monday  in 
November,  nineteen  hundred  forty-one. 


The  successor  of  the  justice  now  in  office  for  the  third  district  under  this 
Constitution  shall  be  elected  on  the  first  Monday  in  June,  nineteen  hundred 
twenty-seven  for  a  term  to  expire  on  the  first  Tuesday  after  the  first  Monday 
in  November,  nineteen  hundred  thirty-nine. 

The  successors  in  office  of  the  justices  now  in  office  in  the  fourth  and 
sixth  districts  under  this  Constitution  shall  be  elected  on  the  first  Monday 
in  June,  nineteen  hundred  twenty-five  for  terms  to  expire  respectively  oil 
the  first  Tuesday  after  the  first  Monday  in  November,  nineteen  hundred 
thirty-five. 


The  successor  in  office  of  the  justice  now  in  office  in  the  fifth  district 
under  this  Constitution,  shall  be  elected  on  the  first  Monday  in  June,  nine¬ 
teen  hundred  twenty-five,  for  a  term  to  expire  on  the  first  Monday  in  Novem¬ 
ber,  nineteen  hundred  thirty-seven. 


George  A.  Dupuy. 
Philip  E.  Eltixg. 


The  report  of  the  committee  was  ordered  printed  and  placed  on  the 
General  Orders. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


739 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  G.  A.  Dupuy  to  the  chair,  and 

.  ^  ^01lr  9  ;3d  o’clock  a.  m.,  the  Convention  went  into  Com¬ 

mittee  of  the  Whole  for  the  consideration  of  the  report  of  the  Committee 

on  Schedule. 

.  ^  hour  of  1 :23  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  G.  A.  Dupuy,  from  the  Committee  of  the  Whole,  having  had 
under  consideration  the  report  of  the  Committee  on  Schedule,  reported 
that  the  committee  had  made  progress  and  recommended  that  section  25 
of  the  Article  on  Schedule,  of  the  Constitution  of  1870.  together  with 
sections  23  24,  25,  26,  27  and  28  of  the  report  of  the' Committee  on 
Schedule,  be  referred  to  the  Committee  on  Submission  and  Address,  and 
that  the  Committee  of  the  Whole  be  granted  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

At  the  hour  of  1 :25  o’clock  p.  m.,  Mr.  DeYoung  moved  that  th° 

Convention  do  now  adjourn  until  Tuesdav,  June  20,  1922,  at  10-00 

o’clock  a.  m. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


740 


JOURNAL  OF  THE 


[June  20, 


TUESDAY,  JUNE  20,  1922,  10:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Bev.  David  Wetzel,  of  the  Second  Chris¬ 
tian  Church,  of  Bloomington. 

The  Journal  of  Wednesday,  June  14,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25,  the  Secretary 
called  the  roll  of  the  Convention,  which  resulted  as  follows :  Present,  61. 

Those  answering  present  are :  Messrs. 


Adams 

Dawes 

Gray 

Lindly 

Shuey 

Barr 

Dietz 

Green 

Mack 

Six 

Brandon 

Dryer 

Hamill 

Miller 

Sutherland 

Brenholt 

Dunlap 

Hogan 

Mills 

Taff 

Carlstrom 

Dupuy,  G.  A. 

Hull 

Moore 

Tebbens 

Catron 

Elting 

Jack 

Nichols 

Todd 

Chew 

Fifer 

Jarman 

Pinnell 

Torrance 

Clarke 

Ganschow 

Johnson,  L.  C. 

Potts 

Warren 

Coolley 

Garrett 

Johnson,  W.  A. 

Rinaker 

Whitman 

Corlett 

Gee 

Kerrick 

Rosenberg 

Wilson 

Cruden 

Gilbert 

Kunde 

Scanlan 

Wolff 

Cutting 

Davis 

Goodyear 

Lill 

Shanahan 

Mr.  President 
Present — 61. 

On  account  of  sickness  Mr.  Gale  was  excused  from  attendance  at 


the  sessions  of  the  Convention  this  week. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  G.  A.  Dupuy  to  the  chair. 

And  at  the  hour  of  10  :40  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  report  of 
the  Committee  on  Schedule. 

At  the  hour  of  11:43  o'clock  a.  m.  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  G.  A.  Dupuy,  from  the  Committee  of  the  Whole,  having  had 
under  consideration  the  report  of  the  Committee  on  Schedule,  reported 
that  the  committee  had  made  progress,  and  recommended  that  Amend¬ 
ment  Xo.  6,  as  follows: 

“Section  25  of  the  Judicial  Article  (VI)  shall  not  prevent  the  appoint¬ 
ment  of  sitting  judges  of  the  Appellate  Court  to  serve  in  courts  outside  the 
districts  in  which  such  judges  reside.” 

Be  referred  to  the  Committee  on  Judicial  Department  and  that  the 
Committee  of  the  Whole  be  granted  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


741 


The  Convention  proceeding  upon  the  consideration  of  the  report  of 
the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Future 
Amendment  of  the  Constitution,  section  1  thereof,  having  heretofore 
been  read  at  large  on  June  14  and  consideration  postponed,  was  again 
taken  up. 

Whereupon  Mr.  Whitman  offered  the  following  amendment  and 
moved  its  adoption : 


Amendment  No.  2. 

Amend  section  1  of  the  report  of  the  Committee  on  Phraseology  and 
Style,  on  the  subject  of  Future  Amendment  of  the  Constitution,  by  striking 
out  in  line  six  everything  after  the  word  “consist”  to  the  end  of  the  sent¬ 
ence,  and  inserting  in  lieu  thereof  the  following:  “of  one  delegate  to  be 
elected  from  each  Senatorial  District  and  one  delegate  from  each  district 
to  be  composed  of  three  continguous  representative  districts  as  shall  be 
prescribed  by  the  law  providing  for  the  convention.” 

Pending  discussion  Mr.  Fifer  moved  that  further  consideration  of 
section  1,  together  with  the  pending  amendment,  be  postponed. 

The  question  being  on ‘the  motion  to  postpone  a  division  of  the 
Convention  was  had,  resulting  as  follows:  Yeas,  33;  nays,  13. 

And  the  motion  prevailed. 

At  the  hour  of  12:00  o’clock,  noon,  Mr.  Hamill  moved  that  the 
Convention  do  now  take  a  recess  until  2  :00  o’clock  p.  m. 

And  the  motion  prevailed. 

2:00  o’Cloce:  P.  M. 

The  hour  of  2  :00  o’clock  p.  m.,  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  Presiding  presiding. 

At  the  hour  of  2  :05  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.,  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


742 


JOURNAL  OF  THE 


[June  21, 


WEDNESDAY,  JUNE  21,  1922,  9  :00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Rev.  David  Wetzel,  of  the  Second 
Christian  Church,  of  Bloomington. 

The  Journal  of  Thursday,  June  15,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was ‘taken  up, 
and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25,  the  Secretary 
called  the  roll  of  the  Convention,  which  resulted  as  follows :  Present,  78. 

Those  answering  present  are :  Messrs. 


Adams 

Dietz 

Hollenbeck 

Mills 

Sneed 

Barr 

Dryer 

Hull 

Moore 

Sutherland 

Brandon 

Dunlap 

Iarussi 

Nichols 

Taft 

Brenholt 

Dupee,  E.  H. 

Jack 

O’Brien 

Tebbens 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Paddock 

Todd 

Carlstrom 

Elting 

Johnson,  L.  C. 

Pincus 

Torrance 

Catron 

Pifer 

Johnson,  W.  A. 

Pinnell 

Traeger 

Chew 

Ganschow 

Kerrick 

Potts 

Trautmann 

Clarke 

Garrett 

Kunde 

Rinaker 

Wall 

Coolley 

Gee 

Latchford 

Rosenberg 

Warren 

Corlett 

Gilbert 

Dill 

Scanlan 

Whitman 

Cruden 

Goodyear 

Lindly 

Shanahan 

Wilson 

Cutting 

Gray 

Mack 

Shuey 

Wolff 

Davis 

Green 

Meinert 

Six 

Woodward 

Dawes 

Hamill 

Michal 

Smith 

Mr.  President 

De  Young 

Hogan 

Miller 

Present — 78. 

The  Convention  proceeding  upon  the  consideration  of  the  report  of 
the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Future 
Amendment  of  the  Constitution,  section  1  thereof,  together  with  the 
pending  amendment  offered  by  Mr.  Whitman  on  yesterday,  was  again 
taken  up. 

The  question  being  on  the  adoption  of  the  amendment,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  28;  nays,  46. 

And  the  amendment  was  lost. 

Mr.  Barr  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  3. 

Amend  section  1  by  striking  out  the  period  after  the  word  “district” 
in  the  eighth  line  and  adding  the  following:  “and  seven  members  to  be 
elected  at  large  from  the  County  of  Cook.”  ' 

The  question  being  on  the  adoption  of  the  amendment,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  50;  nays,  23. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  1,  as  amended,  a 
call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  54;  nays,  23. 


1922. 


CONSTITUTION’LL  CONVENTION. 


743 


Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Gray 

Mack 

Smith 

Barr 

Davis 

Green 

Meinert 

Sutherland 

Brandon 

Dietz 

Hogan 

Mills 

Taff 

Brenholt 

Dryer 

Hollenbeck 

Moore 

Todd 

Cary,  C.  D. 

Dunlap 

Jack 

Nichols 

Torrance 

Carlstrom 

Elting 

Jarman 

Paddock 

Trautmann 

Catron 

F'ifer 

Johnson,  B.  C. 

Pinnell 

Wall 

Chew 

Garrett 

Johnson,  W.  A. 

Rinaker 

Warren 

Clarke 

Gee 

Kerrick 

Scanlan 

Whitman 

Coolley 

Gilbert 

Lill 

Shuey 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Six 

Yeas — 

Cruden 
Dawes 
De  Young 
Dupee,  E.  H. 
Dupuy,  G.  A. 

Section 


Traeger 

Wilson 

Wolff 

Woodward 

Nays — 23. 


Those  voting  in  the  negative  are :  Messrs. 

Ganschow  Latchford  Potts 

Hamill  Michal  Rosenberg 

Hull  Miller  Shanahan 

Iarussi  O’Brien  Tebbens 

Kunde  Pincus 

1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Rule  *10. 
Mr.  Fifer  moved  to  reconsider  the  vote  by  which  section  1  was 


adopted. 

Mr.  LIJSTDLY  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in  the 

affirmative. 

Mr.  Jarman  moved  to  suspend  the  rules  for  the  purpose  of  recon¬ 
sidering  the  vote  by  which  section  8?  of  the  Legislative  Article,  was 
heretofore  adopted  on  May  4. 

The  question  being  on  the  motion  to  suspend  the  rules,  a  division  ot 
the  Convention  was  had,  resulting  as  follows :  Yeas,  38 ;  nays,  44. 

And  the  motion  was  lost. 

The  Convention  proceeding  upon  the  consideration  of  Report  Yo.  8, 
of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Chicago 
and  Cook  County,  section  16a,  having  heretofore  been  read  at  large  and 
consideration  postponed,  was  again  taken  up. 

Whereupon,  Mr.  Hamill  offered  the  following  as  a  substitute  for 

j-  ' 

section  16a,  and  moved  its  adoption : 

Amend  section  16a,  by  substituting  therefor  the  following: 

Section  16a.  The  City  of  ' Chicago  may  issue  bonds  (in  addition  to  any 
debt  otherwise  permittde  by  this  Constitution)  for  the  purpose  of  acquiring 
or  constructing  subways,  if  before  the  issuance  of  such  bonds  the  city  shall 
have  entered  into  a  contract  with  a  responsible  lessee  of  such  subways  for 
such  period  of  time  and  upon  such  terms  that  the  rent  paid  shall  defray 
the  interest  and  discharge  the  principal  of  such  bonds  within  the  period 
of  such  contract. 

To  the  lessee  of  such  subways  the  city  may  grant  a  license  to  use  streets 
for  transportation  of  passengers  during  the  term  of  the  lessee’s  contract 
rights  in  the  subways.  No  such  bonds  shall  be  issued  unless  the  proposi¬ 
tion  therefor  is  approved  at  an  election  by  a  majority  of  those  voting  on 
the  question. 

Pending  discussion,  Mr.  Michal  offered  the  following  as  a  substitute 
for  the  substitute,  which  the  Chair  ruled  was  not  in  order: 

“The  City  of  Chicago,  by  and  through  its  City  Council,  shall  have 
plenary  right,  power  and  authority  to  grant  franchises  or  enter  into  con¬ 
tract  ordinances  with  persons,  firms  or  corporations  for  the  purpose  of 


JOURNAL  OF  THE 


[June  21, 


741 


supplying  and  furnishing  transportation,  heat,  light,  power  or  communica¬ 
tion  by  wire  or  otherwise;  such  franchises  or  contract  ordinances  shall  be 
for  a  period  not  to  exceed  40  years.”  snail  be 


The  question  then  being  on  the  adoption  of  the  substitute  offered  by 

Mr.  Hamm,  a  division  of  the  Convention  was  had,  resultino-  as  follows  •  - 
leas,  13;  hays,  46.  ° 

And  the  substitute  was  lost. 

Mr.  Miller  offered  the  following  amendments  and  moved  their  adop- 


Amendment  No.  24. 

Amend  section  16a,  by  adding  thereto  the  following: 

“Publicly  owned  income  producing  property  used  'for  transportation 
shall  be  taxed  in  the  same  manner  as  privately  owned  property  used  for 
like  purpose.”  u 

And  the  amendment  was  adopted. 


Amendment  No.  25. 


Amend  section  16a,  by  inserting  after  the  word  “including”  in  the  third 
paragraph  thereof  the  words  “taxes  assessments.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  16a,  as  amended, 


Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Dietz 

Hull 

Miller 

Barr 

Dryer 

Iarussi 

Mills 

Brandon 

Dunlap 

Jack 

Moore 

Brenholt 

Dupee,  E.  H. 

Jarman 

Nichols 

Cary,  C.  D. 

Elting 

Johnson,  L.  C. 

O’Brien 

Carlstrom 

Ganschow 

Johnson,  W.  A. 

Paddock 

Catron 

Garrett 

Kerrick 

Pincus 

Chew 

Gee 

Kunde 

Pinnell 

Clarke 

Gilbert 

Latchford 

Potts 

Coolley 

Goodyear 

Lill 

Rinaker 

Cruden 

Gray 

Lindly 

Rosenberg 

Davis 

Green 

Mack 

Scanlan 

Dawes 

De  Young 

Hogan 

Meinert 

Shuey 

Those  voting  in  the  negative  are : 

Corlett  Dupuy,  G.  A.  "Hamill 

Cutting  Pifer  Hollenbeck 


Messrs. 


Michal 

Todd 


Six 

Smith 

Sutherland 

Taff 

Tebbens 

Torrance 

Traeger 

Trautmann 

Wall 

W  arren 

Whitman 

Wolff 

Mr.  President 

Yeas — 68. 


Wilson 

Woodward 

Nays — 10. 


Total — 1. 


Answering  present  but  not  voting:  Mr. 

Shanahan 

Section  16a,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action  as  provided  by  Pule  20. 

Mr.  Hull  moved  to  reconsider  the  vote  by  which  section  16a  was 
adopted. 

Mr.  Lindly  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in 
the  affirmative. 

Section  17a  was  again  taken  up. 

\\  hereupon  Mr.  Miller  offered  the  following  amendment  and  moved 
its  adopt  ion  : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


745 


Amendment  No.  26. 

Amend  section  17a  by  adding  thereto  the  following  paragraph: 

“The  City  of  Chicago,  having  constructed  or  acquired  any  subway  or 
other  property  for  transportation  purposes  may  let  the  same  to  an  oper¬ 
ating  company  but  only  for  such  period  of  time,  indeterminate  or  otherwise, 
as  shall  be  approved  by  a  majority  of  the  voters  of  said  city  voting  on  the’ 
question.  i 

Pending  discussion,  at  the  hour  of  1:20  o'clock  p.  m.,  Mr.  Green 
moved  that  the  Convention  do  now  take  a  recess  until  2:15  o'clock  p.  m. 

And  the  motion  prevailed. 

2:15  o'Clock  P.  M. 

The  hour  of  2 :15  ofclock  p.  m.  having  arrived,  the  Convention 
resumed  its  session. 

The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  Amendment  No.  26,  to  section  17a,  of  Keport  No.  8,  the 
same  was  again  taken  up. 

.  Whereupon  Mr.  O'Brien  offered  the  following  amendment  to  Amend¬ 
ment  No.  26,  and  moved  its  adoption: 

Amendment  No.  1  to  Amendment  No.  26. 

Amend  Amendment  No.  26  by  striking  out  after  the  word  “time”  in 
line  4  the  words  “indeterminate  or  otherwise.” 

The  question  being  on  the  adoption  of  the  amendment  to  the  amend¬ 
ment,  a  division  of  the  Convention  was  had,  resulting  as  follows:  Yeas, 

24;  nays,  16. 

And  the  amendment  to  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  Amendment  No.  26,  as 
amended,  it  was  decided  in  the  affirmative. 

Mr.  Miller  offered  the  following  amendment  and  moved  its  adop¬ 
tion  :  .  ' 

Amendment  No.  27. 

Amend  section  17a,  by  adding  at  the  end  thereof  the  following: 

“Publicly  owned  income  producing  property  of  the  City  of  Chicago  or 
of  any  local  government  or  authority  exercising  powers  within  the  limits 
of  the  city  used  for  transportation  shall  be  taxed  in  the  same  manner  as 
privately  owned  property  used  for  like  purpose,  notwithstanding  any  other 
provision  in  this  Constitution.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  17a,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  67;  nays,  4. 


746 


JOURNAL  OF  THE 


|  June  21, 


Those  voting  in  the 

affirmative  are 

:  Messrs. 

Adams 

Dietz 

Hollenbeck 

Miller 

Sutherland 

Barr 

Dryer 

Hull 

Mills 

Taff 

Brandon 

Dunlap 

Iarussi 

Moore 

Tebbens 

Brenholt 

Dupee,  E.  H. 

Jack 

Nichols 

Torrance 

Carlstrom 

Dupuy,  G.  A. 

Jarman 

O’Brien 

Traeger 

Catron 

Elting 

Johnson,  L.  C. 

Paddock 

Trautmann 

Chew 

Ganschow 

Kerrick 

Pincus 

Wall 

Clarke 

Garrett 

Kunde 

Pinnell 

Warren 

Coolley 

Gilbert 

Latchford 

Rosenberg 

Whitman 

Cruden 

Goodyear 

Lill 

Shuey 

Wilson 

Cutting 

Gray 

Lindly 

Six 

Wolff 

Davis 

Green 

Mack 

Smith 

Woodward 

Dawes 

Hamill 

Meinert 

Sneed 

Mr.  President 

De  Young 

Hogan 

Yeas — 67. 

Those  voting  in  the  negative  are : 

Messrs. 

Corlett 

Pifer 

Michal 

Todd 

Nays — 4. 

Answering  present  but  not  voting: 

Mr. 

Shanahan 

Total — 1. 

Section  17a,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 

Mr.  Miller  offered  the  following  as  a  new  section  to  be  known  as 
section  17b,  and  moved  its  adoption : 

Amend  Report  No.  8  of  the  Committee  on  Phraseology  and  Style  on  the 
Subject  of  Chicago  and  Cook  County  by  adding  thereto  after  section  17a, 
the  following  section: 

“Section  17b.  The  City  of  Chicago  may  also  license  the  use  of  its 
streets  for  street  railroad  or  other  transportation  purposes,  hut  only  upon 
such  terms  and  for  such  period  of  time  as  shall  be  approved  by  a  majority 
of  the  voters  of  said  city  voting  on  the  question.” 

The  question  then  being  on  the  adoption  of  section  17  b,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  12;  nays,  54. 

Those  voting  in  the  affirmative  are :  Messrs. 

Corlett  Dawes  Hamill  Pincus  Wall 

Cutting  DeYoung  Miller  Torrance  Wilson 

Davis  Gilbert  Yeas  12. 

Those  voting  in  the  negative  are :  Messrs. 

Adams 
Barr 
Brandon 
Brenholt 
Cary,  C.  D. 

Carlstrom 
Catron 
Coolley 
Cruden 
Dietz 

Dupee,  E.  H. 

Answering  present  but  not  voting :  Messrs. 

Hollenbeck  Shanahan 

Section  17b,  having  failed  to  receive  the  votes  of  a  majority  of  the 

Delegates  elected,  was  declared  lost. 

Air.  Hull  moved  to  reconsider  the  vote  bv  which  section  17a  was 

adopted. 

Mr.  Lindlv  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table  it  was  decided  in  the 
affirmative. 

Mr.  Hull  moved  to  reconsider  the  vote  by  which  section  lib  was 

lost. 

Mr.  Lindly  moved  to  lay  that  motion  on  the  table. 


Dupuy,  G.  A. 

El  ting 

Ganschow 

Garrett 

Goodyear 

Gray 

Green 

Hull 

Iarussi 

Jack 

Jarman 


Johnson,  L.  C. 

Johnson,  W.  A. 

Kerrick 

Kunde 

Latchford 

Lill 

Lindly 

Mack 

Meinert 

Michal 

Mills 


Moore 

Nichols 

O’Brien 

Paddock 

Pinnell 

Potts 

Scanlan 

Shuey 

Six 

Smith 

Sutherland 


Taff 

Tebbens 

Todd 

Traeger 

Trautmann 

Warren 

Whitman 

Wolff 

Woodward 

Mr.  President 

Nays — -54. 


Total— 2. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


747 


And  the  question  being  on  the  motion  to  table,  it  was  decided  in  the 

affirmative. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  G.  A.  Dupuy  to  the  chair. 

And  at  the  hour  of  3  :40  o’clock  p.  m.5  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  report  of 
the  Committee  on  Schedule. 

At  the  hour  of  4:20  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  G.  A.  Dupuy,  from  the  Committee  of  the  Whole,  having  had 
under  consideration  the  report  of  the  Committee  on  Schedule,  reported 
that  the  committee  had  made  progress  and  asked  leave  to  sit  again. 

And  the  report  of  the  committee  was  concurred  in. 

Mr.  H ami  11  moved  to  suspend  the  rules  for  the  purpose  of  recon¬ 
sidering  the  vote  by  which  section  6,  of  the  Article  on  Suffrage  and  ' 
Elections  was  heretofore  adopted  on  April  26. 

The  question  being  on  the  motion  to  suspend  the  rules,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  28;  nays,  39. 

And  the  motion  was  lost. 

Mr.  Davis  moved  to  suspend  the  rules  for  the  purpose  of  reconsider¬ 
ing  the  vote  by  which  section  6,  of  the  Article  on  Suffrage  and  Elections 
was  heretofore  adopted  on  April  26,  for  the  purpose  of  offering  one 
amendment. 

The  question  being  on  the  motion  to  suspend  the  rules,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  54;  nays,  16. 

And  the  motion  prevailed. 

Mr.  Davis  thereupon  moved  to  reconsider  the  vote  by  which  section 
6,  of  the  Article  on  Suffrage  and  Elections  was  adopted  on  April  26. 

And  the  motion  prevailed. 

Whereupon  Mr.  Davis  offered  the  following  amendment  and  moved 

its  adoption: 

Amendment  No.  4. 

Amend  section  6  of  the  Article  on  Suffrage  and  Elections  by  adding 
after  the  word  and  figure  “Section  6”  the  following:  “Except  in  the  County 
of  Cook,  any  subdivisions  thereof  or  municipal  corporations  therein.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  6,  as  amended,  a 
call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  66;  nays,  7. 


748 


JOURNAL  OF  THE 


[June  21. 


Those  voting  in  the  affirmative  are: 

Messrs. 

Adams 

Elting 

Jarman 

Moore 

Sneed 

Brandon 

Fifer 

Johnson,  L.  C. 

Nichols 

Sutherland 

Brenholt 

Ganschow 

Johnson,  W.  A. 

O’Brien 

Tebbens 

Cary,  C.  D. 

Garrett 

Kerrick 

Paddock 

Torrance 

Carlstrom 

Goodyear 

Kunde 

Pincus 

Traeger 

Chew 

Gray 

Latchford 

Pinnell 

Trautmann 

Clarke 

Green 

Lill 

Potts 

Wall 

Cruden 

Hamill 

Lindiy 

Rosenberg 

Warren 

Cutting 

Hogan 

Mack 

Scanlan 

Whitman 

Davis 

Hollenbeck 

Meinert 

Shanahan 

Wilson 

Dawes 

Hull 

Michal 

Shuey 

Wolff 

De  Young 

Iarussi 

Miller 

Six 

Woodward 

Dietz 

Jack 

Mills 

Smith 

Mr.  President 

Dunlap 

Yeas — 66 

Those  voting  in  the  negative  are : 

Messrs. 

Barr 

Dupee,  E.  H. 

Rinaker 

Taff 

Todd 

Corlett 

Dupuy,  G.  A. 

Nays — 7 

Section  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseolog}^  and  Style  for  action  as  provided  by  Rule  20. 

Mr.  Carlstrom  called  up  his  motion  of  March  7,  to  reconsider  the 
vote  by  which  section  10,  of  Report  No.  11,  of  the  Committee  on  Phrase¬ 
ology  and  Style,  had  failed  to  pass. 

Mr.  Fifer  moved  to  lay  that  motion  on  the  table. 

The  question  being  on  the  motion  to  table,  a  division  of  the  Conven¬ 
tion  was  had,  resulting  as  follows:  Yeas,  31;  nays,  38. 

And  the  motion  to  table  was  lost. 

The  question  recurring  on  the  motion  to  reconsider,  it  was  decided 
in  the.  affirmative. 

And  section  10  was  again  taken  up. 

Whereupon  Mr.  Carlstrom  offered  the  following  as  a  substitute  for 
the  first  paragraph  of  section  1 0  and  moved  its  adoption : 

Amend  section  10  by  substituting  for  the  first  paragraph  thereof  the 
following: 

“Cities  under  500,000  population  may  be  authorized  by  law  to  issue 
bonds  (in  addition  to  any  debt  otherwise  permitted  by  this  Constitution) 
up  to  5  per  cent  of  the  full  value  of  the  taxable  real  property  therein  as 
ascertained  by  the  last  assessment  for  State  and  county  taxes  previous  to 
the  issuance  of  such  bonds;  but  any  such  bonds  may  be  issued  only  for 
acquiring;  leasing,  constructing  or  operating  income-producing  property 
for  supplying  light,  electric  current,  water,  or  either  of  such  services  to 
the  municipality  and  to  its  inhabitants.” 

Mr.  Green  moved  to  amend  the  substitute  bv  adding  the  word 

w  o 

“transportation”  after  the  word  “light.” 

And  the  motion  was  lost. 

Mr.  Moore  moved  to  amend  the  substitute  bv  striking  out  the  words 
“and  to  its  inhabitants.” 

Mr.  Scanlan  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table  it  was  decided  in  the 
affirmative. 

Mr.  Six  moved  to  amend  the  substitute  by  striking  out  the  words 
“electric  current  and  light.” 

Mr.  Scanlan  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in 
the  affirmative. 


CONSTITUTIONAL  CONVENTION . 


749 


1922.] 


The  question  then  being  on  the  adoption  of  the  substitute,  offered 
by  Mr.  Carlstrom,  a  division  of  the  Convention  was  had,  resulting  as  fol¬ 
lows:  Yeas,  33 ;  nays,  36. 

And  the  substitute  for  the  first  paragraph  of  section  10  was  lost. 

Mr.  Dunlap  moved  that  section  10,  of  Report  No.  11,  of  the  Com¬ 
mittee  on  Phraseology  and  Style,  be  ordered  to  lie  on  the  table. 

And  the  motion  prevailed.  ,  , 

Mr.  Sutherland  moved  that  section  11,  of  Report  ho.  11,  ol  tie 
Committee  on  Phraseology  and  Style,  be  ordered  to  lie  on  the  table. 

And  the  motion  prevailed. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 

called  Mr.  G.  A.  Dupuy  to  the  chair. 

And  at  the  hour  of  6  :20  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  report  of 
the  Committee  on  Schedule. 

At  the  hour  of  6:30  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding.  t  . 

Mr.  G.  A.  Dupuy,  from  the  Committee  of  the  Whole,  having  had 

under  consideration  the  report  of  the  Committee  on  Schedule,  reported 
the  same  hack  together  with  the  following  amendments  thereto,  to-wit : 
Amend  section  22  by  striking  out  the  word  “assistant”  in  the  third  line 

and  inserting  in  lieu  thereof  the  word  “associate.  , 

Amend  the.  last  sentence  of  section  14  by  substituting  therefor  t  le 

“After  the  expiration  of  his  term  of  office  all  such  authority  and  suPei\" 
vision  shall  devolve  upon  some  elective  county  officer  or  officers  as  provide 
by  law  which  provision  shall  be  made  by  the  General  Assembly  by  the  nrs 
day  of  July,  A.  D.  1925.” 

Amend  section  6  by  adding  at  the  end  thereof  the  following. 

“Except  as  in  this  Constitution  otherwise  provided,  the  term  of  office 
of  every  person  holding  any  office  of  the  State,  or  of  any  political  subdivision 
thereof  or  municipal  corporation  therein  shall  expire  at  the  time  provided 
bv  existing  laws.  All  persons  who  shall  be  elected  to  office  at  any  election 
occurring  prior  to  November,  A.  D.  1923,  shall  hold  office  during  the  regular 
term  provided  by  law  and  for  the  additional  time  until  the  next  ensuing 

November  election.” 

Amend  section  19  by  substituting  therefor  the  following: 

Section  19  The  Clerk  of  the  Circuit  Court  of  Cook  County  in  office 
on  the  first  Monday  of  May,  A.  D.  1923,  shall  be  the  clerk  of  the  Circuit 
Court  herein  provided,  and  the  clerks  of  the  Superior,  Criminal  County  and 
Probate  Courts  of  Cook  County  and  of  the  Municipal  Court  of  Chicago  shall, 
during  the  terms  for  which  they  were  respectively  elected,  be  associate 
clerks  of  the  Circuit  Court  of  Cook  County,  exercising  as  near  as  may  be 
the  same  powers,  including  those  relating  to  the  appointment  and  discharge 
of  employes,  and  to  the  collection  and  disbursement  of  monies  and  perform¬ 
ing  tbe  same  duties  and  receiving  the  same  salaries  as  on  the  first  Monday 

°f  ^pf’case^here3 shall  occur  a  vacancy  in  the  office  of  the  clerk  of  the 
Circuit  Court  of  Cook  County  at  any  time  prior  to  the  November  election 
in  the  vear  A.  D.  1924,  then  and  in  that  case  such  vacancy  shall  be  filled 
by  appointment  by  a  majority  of  tbe  judges  and  associate  judges,  of  t  e 


750  journal  of  the  [June  21, 

Circuit  Court  of  one  of  such  associate  clerks  who  shall  hold  office  until 
the  November  election  in  1924. 

Amend  the  report  of  the  Committee  on  Scehdule  by  adding  thereto  the 
following  new  sections: 

Note:  Section  to  be  offered  as  an  additional  section  in  Report  of 
Schedule  Committee  and  if  adopted  to  be  transferred  to  the  proper  section 
of  the  Constitution  by  the  Committee  on  Phraseology  and  Style. 

(Section  29  Legislative  Article  Constitution  of  1870). 

Section  22a.  The  General  Assembly  shall  pass  laws  for  the  protection 
of  operative  miners,  providing  for  ventilation  and  the  construction  of  es¬ 
capement  shafts  or  other  appliances  securing  safety  in  mines;  and  shall 
provide  for  the  enforcement  thereof  by  such  penalties  and  punishments  as 
it  deems  proper. 

Section  22b.  All  laws  of  the  State  of  Illinois  and  all  official  writings 
and  the  executive,  legislative  and  judicial  proceedings  shall  be  conducted, 
preserved  and  published  in  no  other  than  the  English  language;  but  the 
Supreme  Court  may,  by  rule,  provide  for  the  use  in  the  files  and  records 
of  judicial  proceedings  of  such  abbreviations  of  words  and  sentences  as  the 
court  may  deem  proper. 

Section  18%.  Counties  having  a  population  of  less  than  seventy-five 
thousand  which  have  a  county  judge  and  a  probate  judge  at  the  time  of  the 
adoption  of  this  Constitution,  shall  elect  in  nineteen  hundred  twenty-seven 
two  county  judges. 

Section  22c.  Each  court  into  which,  by  the  provisions  of  this  Consti¬ 
tution,  other  courts  are  consolidated  shall  immediately  upon  such  consoli¬ 
dation,  succeed  to  and  assume  jurisdiction  of  all  causes,  matters  and  pro¬ 
ceedings  then  pending  in  all  courts  of  which  it  is  the  successor,  with  full 
power  and  authority  to  dispose  of  the  same,  and  to  carry  into  execution 
or  otherwise  to  give  effect  to  all  orders,  judgments  and  decrees  theretofore 
entered  by  the  respective  courts  thus  consolidated. 

Section  22d.  All  judicial  circuits  established  by  law  at  the  adoption 
of  this  Constitution  shall  be  preserved  until  changed  by  law. 

Section  1014.  The  clerk  of  the  Supreme  Court  and  the  clerks  of  the 
Appellate  Courts  holding  office  at  the  time  this  Constitution  goes  into  effect 
shall  hold  office  until  the  expiration  of  the  term  of  office  to  which  they  have 
been  elected. 

Section  1314.  The  judges  of  the  Circuit  Couit  of  each  ciicuit,  other 
than  the  County  of  Cook,  in  office  at  the  time  of  the  adoption  of  this  Con¬ 
stitution,  shall  continue  to  hold  office  during  the  term  for  which  they  were 
elected  or  appointed  and  until  their  successors  are  elected  and  shall  qualify. 

Section  13%.  The  Circuit  Court  of  each  county  is  hereby  continued, 
and  on  the  first  Monday  of  November,  A.  D.  1927,  the  Circuit  and  City 
Courts  in  each  county,  other  than  Cook,  wheie  both  courts  exist,  shall  be 
consolidated  into  one  court  of  record  to  be  known  as  the  Circuit  Court. 

And  recommended  that  the  report  of  the  Committee  on  Schedule, 
as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  m  and  the  report  ol  tlie 
Committee  on  Schedule,  as  amended,  was  referred  to  the  Committee  on 
Phraseology  and  Style. 

Mr.  Scanlan  moved  to  suspend  the  rules  for  the  purpose  of  recon¬ 
sidering  the  vote  by  which  section  112,  of  the  Article  on  Judicial  De¬ 
partment,  was  adopted. 

And  on  that  motion  a  division  of  the  Convention  was  had,  resulting 

as  follows:  Yeas,  35;  nays,  15. 

And  the  rules  were  suspended.  # 

Mr.  Scanlan  thereupon  moved  to  reconsider  the  vote  by  which  sec¬ 
tion  112,  of  the  Article  on  Judicial  Department,  was  adopted. 

And  the  motion  prevailed. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


751 


Mr.  Scanlan  moved  to  amend  section  112  by  adding  at  the  end 
thereof  the  following:  “In  any  county  where  there  are  two  county 
judges,  or  more,  they  shall  determine  by  lot  on  the  first  Monday  of 
January,  each  year,  which  one  of  them  shall  act  as  Chief  Justice  for  the 
ensuing  year.” 

The  question  being  on  the  adoption  of  the  amendment  it  was  de¬ 
cided  in  the  affirmative. 

Pending  discussion,  Mr.  Hamill  moved  to  reconsider  the  vote  by 
which  the  amendment  to  section  112  was  adopted. 

And  the  motion  prevailed. 

Mr.  Hamill  thereupon  moved  that  the  amendment  lie  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in 
the  affirmative. 

Mr.  Hamill  moved  to  reconsider  the  vote  by  which  the  vote  on  the 
'  adoption  of  section  112  was  reconsidered. 

And  the  motion  prevailed. 

Whereupon  Mr.  Hamill  moved  that  the  motion  to  reconsider  the 
vote  by  which  section  112  was  adopted,  lie  on  the  table. 

And  the  motion  prevailed. 

At  the  hour  of  6  :50  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con¬ 
vention  do  now  adjourn  until  9  :00  o’clock  a.  m.  tomorrow. 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


752 


JOURNAL  OP  THE 


[June  22, 


THURSDAY,  JUNE  22,  1922,  9  :00  O'CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Eev.  David  Wetzel,  of  the  Second 
Christian  Church,  of  Bloomington. 

The  Journal  of  Tuesday,  June  20,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken 
up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25,  the  Secretary 
call  the  roll  of  the  Convention,  which  resulted  as  follows  Present,  75. 

Those  answering  present  are:  Messrs. 


Adams 

Davis 

Hogan 

Michal 

Smith 

Barr 

Dawes 

Hollenbeck 

Miller 

Sneed 

Beckman 

De  Young 

Hull 

Mills 

Sutherland 

Brandon 

Dietz 

Iarussi 

Moore 

Taff 

Brenholt 

Dunlap 

Jack 

Nichols 

Tebbens 

Brewster 

Dupuy,  G.  A. 

Jarman 

O’Brien 

Todd 

Cary,  C,  D. 

Elting 

Johnson,  L.  C. 

Paddock 

Torrance 

Carlstrom 

Fifer 

Johnson,  W.  A. 

Pincus 

Traeger 

Catron 

Ganschow 

Kerrick 

Pinnell 

Trautmann 

Chew 

Garrett 

Kunde 

Rinaker 

Wall 

Clarke 

Gee 

Latchford 

R,osenberg 

Warren 

Coolley  • 

Goodyear 

Lill 

Scanlan 

Whitman 

Corlett  • 

Gray 

Lindly 

Shanahan 

Wilson 

Cruden 

Green 

Mack 

Shuey 

Woodward 

Cutting 

Hamill 

Meinert 

Six 

Mr,  President 

Present — 75. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Sneed  to  the  chair. 

And  at  the  hour  of  9  :30  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  consideration  of  the  majority  and 
minority  reports  of  the  Committee  on  Industrial  Affairs  and  Labor,  sub¬ 
mitted  December  8,  1920. 

At  the  hour  of  9 :45  o’clock  a.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Sneed,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  the  majority  and  minority  reports  of  the  Committee  on 
Industrial  Affairs  and  Labor,  reported  back  Proposal  Ko.  232  with  the 
recommendation  that  it  do  not  pass. 

Mr.  Miller  moved  as  a  substitute  for  the  report  of  the  committee 
that  the  Convention  non-concur  in  the  report. 

Whereupon  Mr.  ILamill  raised  the  point  of  order  that  the  motion  to 
non-concur  was  not  in  order  for  the  reason  that  a  vote  on  the  report 
direct  accomplished  the  same  purpose. 

And  the  point  of  order  was  sustained  by  the  Chair. 

The  question  then  being  on  the  adoption  of  the  report  of  the  com¬ 
mittee,  a  call  of  the  roll  was  ordered. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


753 


Pending  which,  Mr.  Miller  moved  that  the  report  of  the  Committee 
of  the  Whole  be  recommitted. 


Whereupon  Mr.  Hamill  raised  the  point  of  order  that  the  motion 
was  out  of  order  for  the  reason  that  the  roll  call  on  the  adoption  of  the 
report  had  already  been  started. 

And  the  point  of  order  was  sustained  by  the  Chair. 

The  roll  having  been  completed,  resulted  as  follows:  Yeas,  30; 
nays,  36. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Beckman 

Brewster 

Chew 

Clarke 

Dawes 

Dietz 


Dupuy,  G.  A. 

Garrett 

Goodyear 

Gray 

Green 

Hamill 


Jack 

Lindly 

Mack 

Meinert 

Mills 

Moore 


Nichols 

Paddock 

Rinaker 

Six 

Taff 

Todd 


Torrance 
Whitman 
Wilson 
Woodward 
Mr.  President 

Yeas— 30. 


Those  voting  in  the  negative  are:  Messrs. 


Cary,  C.  D. 

Carlstrom 

Catron 

Coolley 

Cutting 

Davis 

Dunlap 

Fifer 


Gilbert 

Hogan 

Hollenbeck 

Hull 

Iarussi 

Jarman 

Johnson,  L.  C. 


Johnson,  W.  A. 

Kerrick 

Latchford 

Lill 

Michal 

Miller 

O’Brien 


Pincus 

Pinnell 

Potts 

Rosenberg 

Scanlan 

Shuey 

Smith 


Answering  present  but  not  voting:  Mr. 


Corlett 


Sneed 

Sutherland 

Tebbens 

Traeger 

Trautmann 

Wall 

Warren 

Nays — 36. 


Total— 1. 


And  the  Convention  refused  to  concur  in  the  recommendation  of 


the  Committee  of  the  Whole. 

Whereupon  Mr.  Sneed  moved  that  the  report  of  the  Committee  of 
the  Whole  be  recommitted. 


And  the  motion  prevailed. 


General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Sneed  to  the  chair,  who,  in  turn,  called  Mr.  Scanlan  to  the 

chair. 

And  at  the  hour  of  10:15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole  for  the  further  consideration  of  the  majority 
and  minority  reports  of  the  Committee  on  Industrial  Affairs  and  Labor, 
submitted  December  8,  1920. 

At  the  hour  of  12:07  o’clock  p.  m.,  the  Convention  resumed  its 

session. 

The  President  presiding. 

Mr.  Sneed,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  the  majority  and  minority  reports  of  the  Committee  on 
Industrial  Affairs  and  Labor,  submitted  December  8,  1920,  reported  that 
the  Committee  had  adopted  the  following  amendment  in  lieu  of  the 
majority  and  minority  reports,  as  follows: 

Amend  the  majority  and  minority  reports  by  striking  out  all  after  the 
word  and  figure  “Section  1”  and  inserting  in  lieu  thereof  the  following: 

“No  law  shall  be  passed  denying  the  right  of  workmen  to  organize  into 
trade  and  labor  unions  and  to  deal  and  speak  through  representatives 
chosen  by  themselves.” 


—48  C  J 


754  journal  op  the  [June  22, 

And  recommended  that  the  report  of  the  Committee  on  Industrial 
Affairs  and  Labor,  as  amended,  do  pass. 

The  report  of  the  committee  was  concurred  in  and  the  report  of  the 
Committee  on  Industrial  Affairs  and  Labor,  as  amended,  was  referred  to 
the  Committee  on  Phraseology  and  Style. 

The  Convention  proceeding  on  the  order  of  reports  of  standing  com¬ 
mittees. 

Mr.  Green  submitted  the  following  report : 

Your  Committee  on  Submission  and  Address  respectfully  makes  the 
following  report  and  moves  its  adoption  by  the  Convention: 

We  recommend  that  the  following  sections  be  adopted  and  incorporated 
as  a  part  of  the  schedule  to  the  main  body  of  the  Constitution: 

Section  1.  This  Constitution  shall  be  submitted  to  the  people  of  the 
State  of  Illinois  for  adoption  or  rejection  at  an  election  to  be  held  on  Tues¬ 
day  the  twelfth  day  of  December  in  the  year  nineteen  hundred  and  twenty- 
two.  The  county  clerks  of  the  respective  counties  of  this  State  shall  give 
notice  between  the  first  and  tenth  days  of  November,  1922,  in  the  manner 
required  by  law  for  notices  of  general  elections,  that  at  such  election  this 
Constitution  will  be  submitted  to  the  electors  of  this  State  for  adoption  or 
rejection. 

Section  2.  Every  person  entitled  to  vote  under  the  provisions  of  existing 
laws  shall  be  entitled  to  vote  for  the  adoption  or  rejection  of  this  Consti¬ 
tution,  and  such  persons  shall  vote  by  ballot.  Such  election  shall  be  con¬ 
ducted  and  the  returns  thereof  made  according  to  the  laws  now  in  force 
regulating  general  elections.  The  polls  shall  be  kept  open  at  such  election 
from  the  hour  of  six  o’clock  in  the  morning  until  the  hour  of  seven  o’clock 
in  the  evening. 

Section  3.  The  officers  now  required  by  law,  in  the  case  of  general  elec¬ 
tions,  to  provide  proper  election  supplies  for  each  precinct  or  district,  shall 
provide,  in  the  manner  now  required  by  law  for  conducting  general  elec¬ 
tions,  all  necessary  poll  books,  tally  sheets,  form  of  return,  and  ballots  for 
such  election. 

Section  4.  The  ballots  to  be  used  at  such  election  shall  be  substantially 
in  the  following  form: 


PROPOSED  NEW  CONSTITUTION  ELECTION 

BALLOT. 

j  SHALL  THE  PROPOSED  NEW 

1 

.  1  -1 

YES  ! 

f  i 

i  i 

|  CONSTITUTION  BE  ADOPTED 

1 

1  1 

1  I 

|  NO  |  | 

1  1 

Section  5.  The  elector  shall  designate  his  vote  by  a  cross  mark  thus, 
X,  to  be  placed  in  one  of  the  squares  on  the  right  hand  margin  of  the  ballot. 
Each  ballot  cast  shall  be  a  vote  for  or  a  vote  against  the  adoption  of  this' 
Constitution,  as  shall  be  indicated  by  the  cross  mark  of  the  voter  on  the 
ballot. 

Section  6.  The  ballots  cast  for  and  against  this  Constitution  shall  be 
received  and  canvassed  by  the  judges  and  clerks  of  such  election  and  re¬ 
turned  as  provided  by  law  for  general  elections. 

Section  7.  Within  fifteen  days  after  such  election,  returns  thereof  shall 
be  made  by  the  several  county  clerks  to  the  Secretary  of  State  and  shall 
show  the  aggregate  number  of  votes  cast  in  each  county  (a)  for  the  adop¬ 
tion  of  this  Constitution,  and  (b)  against  the  adoption  of  this  Constitution. 
Such  returns  shall  within  ten  days  thereafter  be  examined  and  canvassed 
by  the  Attorney  General,  the  Secretary  of  State,  the  Auditor  of  Public  Ac- 


1922.] 


CONSTITUTIONAL  CONVENTION. 


755 


counts,  and  the  State  Treasurer,  or  any  three  of  them,  in  the  presence  of 
the  Governor,  and  proclamation  shall  be  made  by  the  Governor  forthwith 
of  the  result  of  the  canvass.  If  it  shall  appear  that  a  majority  of  the  votes 
cast  are  for  the  adoption  of  the  new  Constitution,  the  same  shall  be  the 
supreme  law  of  the  State  of  Illinois  on  and  after  the  fifteenth  day  of  Janu¬ 
ary,  A.  D.  1923,  and  the  existing  Constitution  shall  thereupon  cease  in  all 
its  provisions. 

Respectfully  submitted, 

(Signed)  Henry  I.  Green, 

Martin  J.  O’Brien, 
William  Ganschow, 
Lewis  A.  Jarman, 

David  E.  Shanahan, 
Rodney  H.  Brandon, 
Arthur  M.  Smith, 
Charles  H.  Hamill, 

Abel  Davis, 

George  A.  Barr, 

Wm.  J.  Sneed, 

Committee. 

.  The  report  of  the  committee  was  ordered  printed  and  placed  on  the 
General  Orders. 

Mr.  Clarke  submitted  the  following  report: 

REPORT  NO.  21. 

YOUR  COMMITTEE  ON  PHRASEOLOGY  AND  STYLE  TO  WHICH  WAS 

REFERRED  A  PROPOSAL  ENTITLED,  THE  SCHEDULE  AS 

AMENDED  IN  COMMITTEE  OF  THE  WHOLE  RESPECTFULLY  RE¬ 
PORTS  THAT  IT  HAS  CONSIDERED  SUCH  PROPOSAL  AND  SUB¬ 
MITS  HEREWITH  A  SUBSTITUTE  THEREFOR  AS  RECOMMENDED 

BY  THIS  COMMITTEE. 

Resolved,  That  the  following  shall  become  a  part  of  the  Schedule  of  the 
Constitution  of  Illinois: 

Section  1.  All  laws  in  force  at  the  adoption  of  this  Constitution  not 
inconsistent  therewith  and  all  rights,  actions,  prosecutions,  claims  and  con¬ 
tracts  of  this  State  or  of  individuals  or  of  bodies  corporate  shall  continue 
to  be  as  valid  as  if  this  Constitution  had  not  been  adopted. 

Section  2.  All  fiines,  taxes,  penalties,  and  forfeitures  due  this  State 
under  the  present  Constitution  and  laws  shall  inure  to  the  people  of  this 
State  under  this  Constitution. 

Section  3.  Recognizances,  bonds,  obligations  and  all  other  instruments 
entered  into  before  the  adoption  of  this  Constitution  to  the  people  of  this 
State  or  to  any  subdivision  thereof  or  to  any  municipal  corporation  or  to 
any  public  officer  shall  remain  binding  and  valid.  All  crimes  and  misde¬ 
meanors  shall  be  tried  and  punished  as  if  no  change  had  been  made  in  the 
Constitution  of  this  State. 

Section  4.  All  persons  now  holding  offices  or  appointments  shall  con¬ 
tinue  the  exercise  of  the  duties  thereof  according  to  their  respective  com¬ 
missions  or  appointments  unless  otherwise  directed  by  this  Constitution  or 
other  law. 

Section  5.  Except  as  otherwise  provided  in  this  Constitution  and  sub¬ 
ject  to  such  changes  in  their  duties  as  are  prescribed  therein,  all  persons 
elected  to  office  at  the  election  in  November  nineteen  hundred  twenty-two 
shall  continue  in  office  during  the  terms  for  which  they  are  respectively 
elected. 

(Note:  If  this  Constitution  is  to  be  submitted  after  the  election  in  November 
nineteen  hundred  twenty-two  the  foregoing-  section  should  be  omitted.) 

Section  6.  In  order  that  elections  be  held  regularly  in  November,  all 
persons  who  shall  hereafter  be  elected  to  any  office  of  the  State  or  of  any 


756 


JOURNAL  OP  THE 


[June  22, 


subdivision  thereof  at  any  election  held  prior  to  the  November  election 
nineteen  hundred  twenty-three,  shall  hold  office  until  the  next  ensuing  Nov¬ 
ember  election  following  the  date  when  the  term  of  such  office  would  other¬ 
wise  expire. 

Except  as  otherwise  provided  in  this  Constitution,  every  person  holding 
any  office  of  this  State  or  of  any  subdivision  thereof  at  the  time  of  the  adop¬ 
tion  of  this  Constitution  and  whose  term  of  office  shall  expire  after  the 
November  election  nineteen  hundred  twenty-three,  shall  continue  in  office 
until  the  November  election  next  ensuing  the  time  when  such  term  of  office 
would  otherwise  regularly  expire. 

All  persons  who  have  been  elected  or  who  shall  be  elected  at  any  elec¬ 
tion  occurring  prior  to  November,  nineteen  hundred  twenty-three,  shall  hold 
office  during  the  regular  term  provided  by  law  and  for  the  additional  time 
until  the  next  ensuing  November  election. 

The  foregoing  provisions  shall  not  apply  to  the  County  of  Cook. 

Except  as  in  this  Constitution  otherwise  provided,  the  term  of  office  of 
every  person  holding  any  office  of  the  State  or  of  any  subdivision  thereof 
or  municipal  corporation  therein  shall  expire  at  the  time  provided  by  ex¬ 
isting  laws. 

Section  7.  The  first  apportionment  for  Senators  after  the  adoption  of 
this  Constitution  shall  provide  that  three  of  the  additional  Senators  shall 
be  elected  at  the  first  election  for  terms  of  two  years  and  the  other  three 
additional  Senators  for  terms  of  four  years. 

Section  8.  The  terms  of  office  of  the  justices  of  the  Supreme  Court  now 
in  office  shall  expire  at  the  several  dates  now  provided  by  law. 

(Note:  This  section  is  duplicated  by  the  first  sentence  of  the  third  paragraph 
of  the  next  section.) 

Section  9.  On  the  day  this  Constitution  is  submitted  to  the  people  for 
ratification  an  election  shall  be  held  for  a  justice  of  the  Supreme  Court  in 
the  first  judicial  district  designated  by  this  Constitution.  Every  person  in 
that  judicial  district  who  is  entitled  to  vote  for  this  Constitution  shall  be 
entitled  to  vote  for  such  justice.  The  election  shall  otherwise  be  conducted, 
returns  made  and  certificate  of  election  issued  in  accordance  with  existing 
laws.  If  it  appears  upon  the  canvassing  of  the  votes  for  and  against  this 
Constitution  that  this  Constitution  is  not  adopted,  then  no  certificate  of 
election  shall  be  issued  for  such  justice.  If  he  is  elected  and  commissioned, 
such  justice  shall  hold  office  until  the  first  Monday  of  June  nineteen  hundred 
thirty-three.  He  shall  not  enter  upon  the  discharge  of  his  duties  until  the 
first  Monday  of  June  nineteen  hundred  twenty-four,  unless  prior  to  that 
time  there  is  a  vacancy  in  the  Supreme  Court  from  any  district,  in  which 
case  he  shall  fill  such  vacancy  until  the  first  Monday  of  June  nineteen  hun¬ 
dred  twenty-four. 

When  the  term  of  office  of  the  justice  residing  in  the  second  district 
under  this  Constitution  (elected  from  the  sixth  district  under  the  Constitu¬ 
tion  of  1870)  expires  on  the  first  Monday  of  June  nineteen  hundred  twenty- 
four,  his  office  shall  cease  to  exist. 

Successors  to  the  justices  now  in  office  shall  be  elected  on  the  first  Mon¬ 
day  of  June  in  the  years  in  which  their  respective  terms  expire.  One  justice 
for  the  first  district  shall  be  elected  for  a  term  to  expire  on  the  first  Monday 
in  June  nineteen  hundred  thirty-five;  a  justice  for  the  fifth  district  shall 
be  elected  for  a  term  to  expire  on  the  first  Tuesday  after  the  first  Monday 
in  November  nineteen  hundred  thirty-five;  justices  for  the  fourth  and  sixth 
districts  shall  be  elected  for  terms  to  expire  on  the  first  Tuesday  after  the 
first  Monday  in  November  nineteen  hundred  thirty-three;  a  justice  for  the 
third  district  shall  be  elected  for  a  term  to  expire  on  the  first  Tuesday  after 
the  first  Monday  in  November  nineteen  hundred  thirty-seven;  and  a  justice 
for  the  second  district  shall  be  elected  for  a  term  to  expire  on  the  first 
Tuesday  after  the  first  Monday  of  November  nineteen  hundred  thirty-nine. 
After  the  expiration  of  their  terms  as  fixed  in  this  schedule,  the  term  of 
each  justice  shall  be  ten  years  from  the  day  of  his  election.  Thereafter  the 
justices  from  the  first  district  shall  be  elected  on  the  first  Monday  of  June 
in  the  years  in  which  their  terms  expire  and  the  justices  from  the  second. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


157 


third,  fourth,  fifth  and  sixth  districts  shall  be  elected  on  the  first  Tuesday- 
after  the  first  Monday  in  November  in  the  years  in  which  their  terms 
expire. 

Section  10.  The  clerk  of  the  Supreme  Court  and  the  clerks  of  the 
Appellate  Courts  in  office  at  the  time  of  the  adoption  of  this  Constitution 
shall  continue  to  hold  office  during  the  terms  for  which  they  are  respectively 
elected. 

Section  11.  Any  justice  or  judge  now  in  office  shall  be  eligible  to  re- 
election  after  the  adoption  of  this  Constitution. 

Section  12.  The  judges  of  the  Circuit  and  Superior  Courts  of  Cook 
County  now  serving  as  judges  of  the  Appellate  Court  of  the  first  district 
and  it  branches,  shall  become  judges  of  the  Appellate  Court  of  the  first 
district  under  this  Constitution  to  hold  office  until  January  first,  nineteen 
hundred  twenty-nine.  The  judges  of  the  Appellate  Court  of  the  second  dis¬ 
trict,  the  Appellate  Court  of  the  third  district  and  the  Appellate  Court  of 
the  fourth  district  under  this  Constitution  shall  be  appointed  by  the  Supreme 
Court  as  soon  as  may  be  after  the  adoption  of  this  Constitution  to  hold  office 
until  January  first,  nineteen  hundred  twenty-nine. 

Section  13.  Until  otherwise  provided  by  law  judges  of  the  Appellate 
Court  of  the  first  district  shall  each  receive  the  same  salary  as  is  paid  a 
judge  of  the  Circuit  Court  of  Cook  County  and  judges  of  the  Appellate  Courts 
of  the  second,  third  and  fourth  districts  shall  each  receive  a  salary  of  eight 
thousand  five  hundred  dollars  per  annum.  Such  salaries  shall  be  payable 
in  the  same  manner,  at  the  same  time  and  from  the  same  sources  as  the 
salaries  of  judges  of  the  Circuit  Courts  within  such  districts  respectively. 

Section  14.  On  the  seventh  day  of  May  nineteen  hundred  twenty-three 
the  Circuit,  Superior,  Criminal,  County  and  Probate  Courts  of  Cook  County, 
the  Municipal  Court  of  Chicago  and  the  City  Court  of  Chicago  Heights  shall 
be  consolidated  into  one  court  of  record  to  be  known  as  the  Circuit  Court 
of  Cook  County  and  thereupon  all  such  courts  except  that  last  mentioned 
shall  be  abolished.  The  offices  of  judge  and  clerk  of  the  City  Court  of 
Chicago  Heights  shall  thereupon  be  abolished. 

Section  15.  The  judges  of  the  Circuit,  Superior,  County  and  Probate 
Courts  of  Cook  County  in  office  on  the  seventh  day  of  May  nineteen  hundred 
twenty-three  (except  the  judges  of  the  Circuit  and  Superior  Courts  of  Cook 
County  made  judges  of  the  Appellate  Court  of  the  first  district  by  the  adop¬ 
tion  of  this  Constitution  whose  offices  as  judges  of  the  Circuit  and  Superior 
Courts  of  Cook  County  thereby  cease  to  exist)  shall  be  judges  of  the  Circuit 
Court  of  Cook  County  as  thus  consolidated  and  shall  continue  to  hold  office 
during  the  terms  for  which  they  are  respectively  elected  or  appointed  and 
until  their  successors  are  elected  and  qualified.  The  chief  justice  and  asso¬ 
ciate  judges  of  the  Municipal  Court  of  Chicago  shall  be  associate  judges  of 
the  Circuit  Court  of  Cook  County  as  thus  consolidated  and  shall  continue 
to  hold  office  during  the  terms  for  which  they  are  respectively  elected  or 
appointed  and  one  year  in  addition  thereto  when  their  respective  offices  as 
associate  judges  of  that  court  shall  be  abolished. 

Section  16.  Such  associate  judges  of  the  Circuit  Court  of  Cook  County 
shall  perform  such  judicial  duties  as  may  be  assigned  to  them  in  the  classes 
of  cases  which  would  have  been  within  the  jurisdiction  of  the  Criminal 
Court  of  Cook  County  at  the  time  of  the  adoption  of  this  Constitution  and 
also  in  the  classes  of  cases  arising  in  the  County  of  Cook  which  would  have 
been  within  the  jurisdiction  of  the  Municipal  Court  of  Chicago  if  they  had 
arisen  in  the  City  of  Chicago  prior  to  the  adoption  of  this  Constitution. 
During  their  respective  terms  of  office  as  such  associate  judges  they  shall 
receive  the  salaries  allowed  them  by  the  laws  in  force  on  the  first  day  of 
May  nineteen  hundred  and  one-half  out  of  the  treasury  of  the  County  of 

Cook. 

Section  17.  The  judges  of  the  Circuit  Courts  in  each  circuit  (other 
than  the  County  of  Cook)  in  office  at  the  time  of  the  adoption  of  this 
Constitution  shall  continue  to  hold  office  during  the  terms  for  which  they 
are  elected  or  apopinted  and  until  their  successors  are  elected  and  qualified. 


JOURNAL  OF  THE 


[June  22, 


758 


Section  18.  The  judge  of  the  County  Court  of  Cook  County  in  office 
at  the  time  of  the  adoption  of  this  Constitution  shall  continue  to  exercise 
during  his  term  of  office  or  until  otherwise  provided  by  law  the  same  con¬ 
trol  and  supervision  over  all  matters  of  election  as  now  provided  by  law. 
The  General  Assembly  prior  to  July  first  nineteen  hundred  twenty-five  shall 
provide  that  all  such  authority  and  supervision  shall  devolve  upon  some 
elective  county  officer  or  officers. 

Section  19.  On  the  third  day  of  December,  nineteen  hundred  twenty- 
three,  the  County  and  Probate  Courts  in  each  county  (other  than  the 
County  of  Cook)  where  both  exist  shall  be  consolidated  into  one  court  to 
be  known  as  the  County  Court. 

Section  20.  The  judges  of  the  County  and  Probate  Courts  (in  counties 
other  than  the  County  of  Cook)  in  office  on  the  third  day  of  December, 
nineteen  hundred  twenty-three,  shall  be  judges  of  the  County  Court  as  thus 
consolidated.  They  shall  hold  office  during  the  terms  for  which  they  were 
elected  and  until  their  successors  are  elected  and  qualified,  at  which  time 
the  office  of  judge  of  the  Probate  Court  or  probate  judge  shall  be  abolished. 

Counties  having  a  population  of  less  than  seventy-five  thousand,  which 
have  a  county  judge  and  a  probate  judge  at  the  time  of  the  adoption  of  this 
Constituion,  shall  elect  in  nineteen  hundred  twenty-seven  two  county  judges. 

Section  21.  Unless  the  General  Assembly  prior  to  the  third  day  of 
December,  nineteen  hundred  twenty-three,  fixes  the  salaries  of  county  judges 
and  probate  judges  (other  than  those  of  the  County  of  Cook)  who  are  made 
judges  of  the  County  Courts  as  thus  consolidated,  the  salaries  of  such  judges 
after  the  date  last  mentioned  and  until  otherwise  provided  by  law  shall  be 
as  follows:  The  present  salary  of  each  judge  shall  be  increased  by  the 

addition  of  fifty  per  cent;  with  a  minimum  salary  of  two  thousand  five  hun¬ 
dred  dollars  in  counties  having  a  population  of  fifteen  thousand  or  less, 
a  minimum  salary  of  four  thousand  dollars  in  counties  having  a  population 
of  more  than  fifteen  thousand  and  less  than  forty  thousand  and  a  minimum 
salary  of  five  thousand  dollars  in  counties  having  a  population  of  forty 
thousand  or  more.  Each  county  shall  continue  to  pay  the  present  salaries 
until  the  whole  of  such  salaries  becomes  payable  out  of  the  State  treasury 
as  provided  in  this  Constitution.  Until  that  time  the  increases  of  salaries 
provided  herein  shall  be  payable  monthly  out  of  the  State  treasury. 

Section  22.  The  provisions  of  section  one  hundred  twenty-seven  of 
this  Constitution  so  far  as  they  affect  the  judges  of  County  and  Probate 
Courts  (outside  the  County  of  Cook)  shall  not  become  effective  until  the 
third  day  of  December,  nineteen  hundred  twenty-three,  unless  the  General 
Assembly  provides  that  increased  salaries  be  paid  prior  to  that  date. 

Section  23.  The  clerk  of  the  Circuit  Court  of  Cook  County  in  office 
on  the  seventh  day  of  May,  nineteen  hundred  twenty-three,  shall  be  clerk 
of  that  court  as  consolidated  by  this  schedule.  The  clerks  of  the  Superior, 
Criminal,  County  and  Probate  Courts  of  Cook  County  and  the  clerk  of  the 
Municipal  Court  of  Chicago,  on  that  date  shall  become  associate  clerks  of 
the  Circuit  Court  of  Cook  County  to  hold  office  for  the  terms  for  which  they 
are  respectively  elected;  and  as  near  as  may  be  they  shall  exercise  the 
same  powers  (including  those  relating  to  the  appointment  and  discharge 
of  employees  and  to  the  collection  and  disbursement  of  monies),  perform 
the  same  duties  and  receive  the  same  salaries  as  on  the  seventh  day  of 
May,  nineteen  hundred  twenty-three.  If  a  vacancy  occurs  in  the  office  of 
clerk  of  the  Circuit  Court  of  Cook  County  prior  to  the  election  in  November, 
nineteen  hundred  twenty-four,  such  vacancy  shall  be  filled  by  a  majority  of 
the  judges  and  associate  judges  of  the  Circuit  Court  of  Cook  County  by 
appointing  one  of  such  associate  clerks  who  shall  hold  office  until  the  election 
in  November,  nineteen  hundred  twenty -four. 

Section  24.  The  Circuit  Court  of  each  county  is  hereby  continued  and 
on  the  first  Monday  of  November,  nineteen  hundred  twenty-seven,  the  Circuit 
and  City  Courts  in  each  county  (other  than  the  County  of  Cook)  where  both 
courts  exist,  shall  be  consolidated  into  one  court  to  be  known  as  the  Circuit 
Court  and  thereupon  the  offices  of  judge  and  clerk  of  all  such  city  courts 
shall  be  abolished. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


759 


Section  25.  The  offices  of  justice  of  the  peace  and  constable  existing 
at  the  time  of  the  adoption  of  this  Constitution  shall  be  abolished  from  and 
after  the  election  or  appointment  and  qualification  of  justices  of  the  peace 
or  constables  in  their  respective  districts,  towns  or  portions  of  towns  in 
accordance  with  the  provisions  of  this  Constitution. 

Section  26.  The  clerk  of  the  County  Court  of  each  county  (other  than 
the  County  of  Cook)  in  office  on  the  third  day  of  December,  nineteen  hun¬ 
dred  twenty-three,  shall  be  clerk  of  the  County  Court  as  consolidated  by  this 
schedule  and  the  clerk  of  the  Probate  Court  of  each  county  (other  than  the 
County  of  Cook)  having  a  probate  clerk,  shall  become  the  chief  deputy 
county  clerk  of  such  County  Court  during  the  term  for  which  he  is  elected 
and  at  the  salary  received  by  him  at  the  time  of  the  adoption  of  this  Con¬ 
stitution.  At  the  expiration  of  the  terms  of  office  of  the  probate  clerks  in 
office  on  the  third  day  of  December,  nineteen  hundred  twenty-three,  the  office 
of  probate  clerk  shall  be  abolished. 

Section  27.  The  bailiff  of  the  Municipal  Court  of  Chicago  in  office  on 
the  seventh  day  of  May,  nineteen  hundred  twenty-three,  shall  become  asso¬ 
ciate  sheriff  of  the  County  of  Cook  and  hold  office  during  the  term  for  which 
he  is  elected.  After  the  date  last  mentioned  and  during  his  term  he  shall 
have  as  near  as  may  be  the  same  powers,  duties  and  responsibilities  as 
before  that  date,  including  the  selection,  appointment  and  removal  of  his 
employees. 

Section  28.  (Sections  22b  as  adopted  on  first  reading.)  All  laws  of  the 
State  of  Illinois  and  all  official  writings  and  executive,  legislative  and 
judicial  proceedings  shall  be  conducted,  preserved  and  published  in  no  other 
than  the  English  language.  The  Supreme  Court  may  by  rule  provide  for  the 
use  in  the  files  and  records  of  judicial  proceedings  of  such  abbreviations  of 
words  and  sentences  as  the  court  may  deem  proper. 

Section  29.  (Section  22c  as  adopted  on  first  reading.)  Each  court  Into 
which  by  the  provisions  of  this  Constitution  other  courts  are  consolidated 
shall  immediately  upon  such  consolidation  succeed  to  and  assume  jurisdic¬ 
tion  of  all  causes,  matters  and  proceedings  then  pending  in  all  courts  of 
which  it  is  the  successor,  with  full  power  and  authority  to  dispose  of  them 
and  to  carry  into  execution  or  otherwise  to  give  effect  to  all  orders,  judg¬ 
ments  and  decrees  theretofore  entered  by  the  respective  courts  thus  con¬ 
solidated. 

Section  30.  (Section  22d  as  adopted  on  first  reading.)  All  judicial 
circuits  established  by  law  at  the  adoption  of  this  Constitution  shall  be 
preserved  until  changed  by  law. 

Section  31.  (Section  22 y2  as  adopted  on  first  reading  which  will  be 
section  57  of  the  Constitution  if  the  section  is  adopted.)  The  General  As¬ 
sembly  shall  pass  laws  providing  for  the  protection  of  operative  miners,  for 
ventilation  and  for  the  construction  of  escapement  shafts  or  other  appliances 
securing  safety  in  mines  and  shall  prescribe  such  penalties  and  punishments 
for  the  enforcement  thereof  as  it  deems  proper. 

Respectfully  submitted, 

Elam  L.  Clarke, 

Thos.  Rinaker, 

C.  B.  T.  Moore, 

George  A.  Barr, 

E.  H.  Deepee, 

H.  E.  Torrance, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  the  proposal 
placed  on  the  order  of  second  reading. 

The  Convention  proceeding  upon  the  consideration  of  Report  i\To. 
21,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  Sched¬ 
ule,  section  1  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  76;  nays,  0. 


760 


JOURNAL  OF  THE  [June  22, 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Dawes 

Hollenbeck 

Mills 

Sneed 

Barr 

De  Young 

Hull 

Moore 

Sutherland 

Beckman 

Dietz 

Iarussi 

Nichols 

Taft 

Brandon 

Dunlap 

Jack 

O’Brien 

Tebbens 

Brenholt 

Dupuy,  G.  A.  Jarman 

Paddock 

Todd 

Brewster 

Elting 

Johnson,  L.  C. 

Pincus 

Torrance 

Cary,  C.  D. 

Fifer 

Johnson,  W.  A. 

Pinnell 

Traeger 

Carlstrom 

Ganschow 

Kerrick 

Potts 

Trautmann 

Catron 

Garrett 

Latchford 

Rinaker 

Wall 

Chew 

Gee 

Lill 

Rosenberg 

Warren 

Clarke 

Gilbert 

Lindly 

Scanlan 

Whitman 

Coolley 

Goodyear 

Mack 

Shanahan 

Wilson 

Corlett 

Gray 

Meinert 

Shuey 

Woodward 

Cruden 

Green 

Michal 

Six 

Mr.  President 

Cutting 

Davis 

Hamill 

Hogan 

Miller 

Smith 

Yeas — 7 
Nays — 

Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  2  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  76 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Dawes 

Hollenbeck 

Mills 

Sneed 

Barr 

De  Young 

Hull 

Moore 

Sutherland 

Beckman 

Dietz 

Iarussi 

Nichols 

Taft 

Brandon 

Dunlap 

Jack 

O’Brien 

Tebbens 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Paddock 

Todd 

Brewster 

Elting 

Johnson,  L.  C. 

Pincus 

Torrance 

Cary,  C.  D. 

Fifer 

Johnson,  W.  A. 

Pinnell 

Traeger 

Carlstrom 

Ganschow 

Kerrick 

Potts 

Trautmann 

Catron 

Garrett 

Latchford 

Rinaker 

Wall 

Chew 

Gee 

Lill 

Rosenberg 

Warren 

Clarke 

Gilbert 

Lindly 

Scanlan 

Whitman 

Coolley 

Goodyear 

Mack 

Shanahan 

Wilson 

Corlett 

Gray 

Meinert 

Shuey 

Woodward 

Cruden 

Green 

Michal 

Six 

Mr.  President 

Cutting 

Hamill 

Miller 

Smith 

Yeas — 76. 

Davis 

Hogan 

Nays — 0. 

Section  2, 

having  received  the  votes  of 

a  majority 

of  the  Delegates 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 


Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  3  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  76;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Dawes 

Hollenbeck 

Mills 

Sneed 

Barr 

De  Young 

Hull 

Moore 

Sutherland 

Beckman 

Dietz 

Iarussi 

Nichols 

Taff 

Brandon 

Dunlap 

Jack 

O’Brien 

Tebbens 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Paddock 

Todd 

Brewster 

Elting 

Johnson,  L.  C. 

Pincus 

Torrance 

Cary,  C.  D. 

Fifer 

Johnson,  W,  A. 

Pinnell 

Traeger 

Carlstrom 

Ganschow 

Kerrick 

Potts 

Trautmann 

Catron 

Garrett 

Latchford 

Rinaker 

Wall 

Chew 

Gee 

Lill 

Rosenberg 

Warren 

Clarke 

Gilbert 

Lindly 

Scanlan 

Whitman 

Coolley 

Goodyear 

Mack 

Shanahan 

Wilson 

Corlett 

Gray 

Meinert 

Shuey 

Woodward 

Cruden 

Green 

Michal 

Six 

Mr.  President 

Cutting 

Hamill 

Miller 

Smith 

Yeas — 7 

Davis 

Hogan 

Nays — 

Section  3,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected',  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  4  was  taken  up  and  read  at  large. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


761 


And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  76 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Dawes 

Hollenbeck 

Mills 

Sneed 

Barr 

De  Young 

Hull 

Moore 

Sutherland 

Beckman 

Dietz 

Iarussi 

Nichols 

Taff 

Brandon 

Dunlap 

Jack 

O’Brien 

Tebbens 

Brenholt 

Dupuy,  G.  A. 

Jarman 

Paddock 

Todd 

Brewster 

Elting 

Johnson,  L.  C. 

Pincus 

Torrance 

Cary,  C.  D. 

Fifer 

Johnson,  W.  A. 

Pinnell 

Traeger 

Carlstrom 

Ganschow 

Kerrick 

Potts 

Trautmann 

Catron 

Garrett 

Latchford 

Rinaker 

Wall 

Chew 

Gee 

Lill 

Rosenberg 

Warren 

Clarke 

Gilbert 

Lindly 

Scanlan 

Whitman 

Coolley 

Goodyear 

Mack 

Shanahan 

Wilson 

Corlett 

Gray 

Meinert 

Shuey 

Woodward 

Cruden 

Green 

Michal 

Six 

Mr.  President 

Cutting 

Davis 

Hamill 

Hogan 

Miller 

Smith 

Yeas — 76. 
Nays — 0. 

Section  4,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  5  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  76;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 

Cruden 

Cutting 

Davis 


Dawes 

Hollenbeck 

Mills 

Sneed 

De  Young 

Hull 

Moore 

Sutherland 

Dietz 

Iarussi 

Nichols 

Taff 

Dunlap 

Jack 

O’Brien 

Tebbens 

Dupuy,  G.  A. 

Jarman 

Paddock 

Todd 

Elting 

Johnson,  L.  C. 

Pincus 

Torrance 

Fifer 

Johnson,  W.  A. 

Pinnell 

Traeger 

Ganschow 

Kerrick 

Potts 

Trautmann 

Garrett 

Latchford 

Rinaker 

Wall 

Gee 

Lill 

Rosenberg 

Warren 

Gilbert 

Lindly 

Scanlan 

Whitman 

Goodyear 

Mack 

Shanahan 

Wilson 

Gray 

Meinert 

Shuey 

Woodward 

Green 

Michal 

Six 

Mr.  President 

Hamill 

Hogan 

Miller 

Smith 

Yeas — 7 
Nays — 1 

nu  »  vwiA.,0  Ul  Cl  JLI1CI J  U 1 1  L  J  U  L  ling  J  cl  L CO 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  7#was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  76;  nays,  0. 


Those  voting  in  the  affirmative  are : 


ssrs. 


Adams 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 

Cruden 

Cutting 

Davis 


Dawes 

De  Young 

Dietz 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fifer 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hogan 


Hollenbeck 

Mills 

Sneed 

Hull 

Moore 

Sutherland 

Iarussi 

Nichols 

Taff 

Jack 

O’Brien 

Tebbens 

Jarman 

Paddock 

Todd 

Johnson,  L.  C. 

Pincus 

Torrance 

Johnson,  W.  A. 

Pinnell 

Traeger 

Kerrick 

Potts 

Trautmann 

Latchford 

Rinaker 

Wall 

Lill 

Rosenberg 

Warren 

Lindly 

Scanlan 

Whitman 

Mack 

Shanahan 

Wilson 

Meinert 

Shuey 

Woodward 

Michal 

Six 

Mr.  President 

Miller 

Smith 

Yeas — 

Nays — 0. 


762 


JOURNAL  OF  THE 


[June  22, 


Section  7,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Section  8  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Trautmann  moved  to  lay  section  8  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in  the 
affirmative. 

Section  9  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Jarman  moved  to  substitute  sections  8  and  9  of  the 
minority  report  of  the  Committee  on  Schedule  for  section  9  of  the  report 
of  the  Committee  on  Phraseology  and  Style. 

Pending  discussion,  at  the  hour  of  12  :50  o’clock  p.  m.,  Mr.  G.  A. 
Dupuy  moved  that  the  Convention  do  now  take  a  recess  until  2 :00 
o’clock  p.  m. 

The  question  being  on  the  motion  to  take  a  recess  a  division  of  the 
Convention  was  had,  resulting  as  follows:  \xeas,  28;  nays,  28. 

The  motion  was  lost. 

And  the  Convention  refused  to  take  a  recess. 

Pending  further  discussion,  at  the  hour  of  1:15  o’clock  p.  m.,  Mr. 
Shanahan  moved  that  the  Convention  do  now  take  a  recess  until  2:30 
o’clock  p.  m. 

And  the  motion  prevailed. 


2  :30  o’Clock  P.  M. 


The  hour  of  2  :30  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 


The  President  presiding. 

The  pending  question  at  the  hour  of  taking  a  recess  being  the  con¬ 
sideration  of  the  substitute  for  section  9,  of  Report  jSTo.  21,  of  the  Com¬ 
mittee  on  Phraseology  and  Style,  the  same  was  again  taken  up. 

The  question  being  on  the  adoption  of  the  substitute,  offered  by 
Mr.  Jarman,  on  demand  of  five  Delegates,  a  call  of  the  roll  was  had, 
resulting  as  follows:  Areas,  36;  nays,  27. 

Those  voting  in  the  affirmative  are :  Messrs. 


Barr 

Beckman 

Brenholt 

Brewster 

Cary,  C.  D. 

Catron 

Chew 

Corlett 


Dietz 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fifer 

Gilbert 

Goodyear 


Green  Latchford 

Hogan  Mack 

Hollenbeck  Mills 

Jarman  Moore 

Johnson,  L.  C.  Nichols 

Johnson,  W.  A.  Paddock 

Kerrick  Pinnell 


•  Rinaker 
Scanlan 
Shuey 
Todd 
Wall 
Warren 
Mr.  President 

Yeas — 36. 


Those  voting  in  the  negative  are : 


Adams  Davis  Jack 

Carlstrom  Dawes  Lill 

Clarke  Garrett  Lindly 

Coolley  Gray  Meinert 

Cruden  Hamill  Miller 

Cutting  Hull 


Messrs. 

Shanahan 

Six 

Sutherland 

Taff 

Torrance 


Traeger 

Trautmann 

Warren 

Whitman 

Woodward 

Nays — 27. 


And  the  substitute  for  section  9  was  adopted. 

Mr.  Miller  offered  the  following  amendment  and  moved  its  adop¬ 


tion  : 


Amendment  No.  1. 


Amend  section  9,  as  amended,  by  striking  out  the  words  “either  the 
first  or”  in  the  second  line  of  the  second  paragraph. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


763 


The  question  being  on  the  adoption  of  the  amendment,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  37;  nays,  8. 

And  the  amendment  was  adopted. 

Mr.  Taff  offered  the  following  amendment  and  moved  its  adoption : 

Amendment  No.  2. 

Amend  section  9,  as  amended,  by  striking  out  the  first  three  paragraphs 
thereof. 

And  the  amendment  was  lost. 

Pending  roll  call,  on  motion  of  Mr.  Jarman,  further  consideration 
of  section  9,  as  amended,  was  postponed. 

Section  6  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Trautmann  offered  the  following  amendment  and 
moved  its  adoption : 


Amendment  No.  3. 

Amend  section  6  by  substituting  therefor  the  following: 

Section  6.  In  order  that  elections  may  be  held  regularly  in  November 
it  is  hereby  provided  as  follows: 

All  officers  elected  to  office  prior  to  the  election  in  November,  nineteen 
hundred  twenty-three,  whose  terms  expire  before  that  time  shall  hold  office 
until  their  terms  expire  as  now  provided  by  law  and  at  the  expiration  of 
their  respective  terms  their  successors  shall  be  elected  at  that  time  to 
hold  office  during  regular  terms  provided  by  law  and  until  their  successors 
are  elected  at  the  next  ensuing  November  election. 

All  officers  elected  to  office  prior  to  the  election  in  November,  nineteen 
hundred  twenty-three,  whose  terms  expire  after  that  date  and  who  were 
elected  at  other  times  than  at  the  November  election  shall  hold  office  for 
the  terms  for  which  they  were  elected  and  until  their  successors  are  elected 
at  the  next  ensuing  November  election. 

.  This  section  shall  not  apply  to  or  within  the  County  of  Cook. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  6,  as  amended, 
a  call  of  the  roll  was  had  resulting  as  follows:  Yeas,  67;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Pifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 6 

Cruden 

Gray 

Mack 

Nays — 

Section  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  10  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  67;  nays,  0. 


764 


journal  of  the 


[June  22, 


Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taft 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas— 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

Section  10,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 
Section  11  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Jarman  moved  to  lay  section  11  on  the  table. 

The  question  being  on  the  motion  to  table,  it  was  decided  in  the 
affirmative. 

And  section  11  was  ordered  to  lie  on  the  table. 


Section  12  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  67;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward  * 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 67. 

Cruden 

Gray 

Mack 

.  Nays — 0. 

Section  12,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 
Section  13  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  67 ;  nays,  0. 

Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Cutting 

Green 

Barr 

Davis 

Hamill 

Beckman 

Dawes 

Hogan 

Brandon 

De  Young 

Hollenbeck 

Brenholt 

Dietz 

Hull 

Brewster 

Dunlap 

Jack 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Carlstrom 

Elting 

Johnson,  L.  C. 

Catron 

Fifer 

Johnson,  W.  A. 

Chew 

Garrett 

Kerrick 

Clarke 

Gee 

Latchford 

Coolley 

Gilbert 

Lill 

Corlett 

Goodyear 

Lindly 

Cruden 

Gray 

Mack 

Meinert 

Miller 

Mills 

Moore 

Nichols 

•Paddock 

Pinnell 

Rinaker 

Scanlan 

Shanahan 

Shuey 

Six 

Sneed 


Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Whitman 

Wilson 

Woodward 

Mr.  President 

Yeas — 67. 

Nays — 0. 


section  i o,  naving  receiveu  ine  ul  a 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseologv  and  Stvle  for  action,  as  provided  by  Pule  20. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


765 


Section  14  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  67;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taft 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carl  strom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

Section  14,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  15  was  taken  up  and  read  at  large. 

Whereupon  Mr.  DeYoung  offered  the  following  amendment  and 
moved  its  adoption : 


Amendment  No.  4. 

• 

Amend  section  15  by  substituting  therefor  the  following: 

Section  15.  The  judges  of  the  Circuit,  Superior,  County  and  Probate 
Courts  of  Cook  County  and  the  chief  justice  of  the  Municipal  Court  of 
Chicago  in  office  on  the  first  Monday  of  May,  A.  D.  1923,  except  the  judges 
of  the  Circuit  and  Superior  Courts  of  Cook  County,  by  the  adoption  of  this 
Constitution  made  judges  of  the  Appellate  Court  for  the  First  District, 
whose  offices  as  judges  of  the  Circuit  anud  Superior  Courts  of  said  county 
thereby  cease  to  exist,  shall  be  the  judges  of  said  consolidated  court  and 
shall  continue  to  hold  office  during  the  terms  for  which  they  were  respect¬ 
ively  elected  or  appointed,  and  until  their  successors  are  elected  and  shall 
qualify.  The  associate  judges  of  the  Municipal  Court  of  Chicago  shall  be 
associate  judges  of  said  Circuit  Court  and  shall  continue  to  hold  office 
during  the  terms  for  which  they  were  respectively  elected  or  appointed  as 
associate  judges  of  the  Municipal  Court  of  Chicago  and  until  the  first 
Monday  of  June  next  following,  respectively,  at  the  expiration  of  which 
respective  times  their  offices  as  associate  judges  of  said  Circuit  Court  shall 
be  abolished. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  15,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  67;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee  • 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

766 


JOURNAL  OF  THE 


[June  22, 


Section  15,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  16  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Trautmann  offered  the  following  amendment  and 
moved  its  adoption: 


Amendment  No.  5. 

Amend  section  16  by  adding  the  following  at  the  end  of  line  11  of  the 
printed  report: 

“twenty-two,  one-half  of  which  salaries  shall  be  payable  out  of  the 
State  treasury.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  16,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  67 :  nays,  0. 
Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taft 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Pifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

Section  16,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  17  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  67 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Pifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 6' 

Cruden 

Gray 

Mack 

Nays — 1 

Section  17,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  18  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  67;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONVENTION.  767 


Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

Section  18 

,  having  received  the  votes  of 

a  majority  of  the  Delegates 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  th.e 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 


Section  19  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  67;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

•  Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

Section  19,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Pule  20. 
•  Section  20  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Trautmann  offered  the  following  amendment  and 

moved  its  adoption : 

Amendment  No.  6. 

Amend  section  20  by  inserting  after  the  word  “consolidated1’  in  the 
4th  line  thereof  the  words:  “At  which  time  the  office  of  judge  of  the  Pro¬ 
bate  Court  or  probate  judge  shall  be  abolished,”  and  by  striking  out  the 
rest  of  the  sentence  after  the  word  “qualified”  in  the  first  paragraph. 

And  the  amendment  was  adopted. 

rLhe  question  then  being  on  the  adoption  of  section  20,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  67;  nays,  0. 
Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

.  Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting  > 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Cruden 

Goodyear 

Gray 

Lindly 

Mack 

Sneed 

Yeas — 67. 
Nays — 0. 

768 


JOURNAL  OF  THE 


[June  22, 


Section  20,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20, 
Section  21  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Trautmann  offered  the  following  amendment  and 
moved  its  adoption : 


Amendment  No.  7. 

Amend  section  21  by  adding  at  the  end  thereof  the  following:  “The 
word  population  in  this  section  means  the  Federal  Census  of  lyno.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  21,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  67:  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller  ’ 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

•  Jack 

Paddock 

Trautmann 

Cary,  C,  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Cooiley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas— 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

Section  21,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  22  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  67;  nays,  0. 


Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

W  arren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Cooiley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 6' 

Cruden 

Gray 

Mack 

Nays — i 

Section  22,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  23  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  Section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  67;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


769 


Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

•Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Filer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

Section  23,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  24  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  67 :  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

Section  24,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  25  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  67 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

PAnaker 

Warren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Ciarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

Section  25,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  26  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Trautmann  offered  the  following  amendment  and 
moved  its  adoption : 


—49  C  J 


770 


JOURNAL  OF  THE 


[June  22, 


Amendment  No.  8. 

Amend  section  26  by  adding  the  following  after  the  word  “Constitu¬ 
tion”  in  line  9  of  the  printed  report: 

“And  as  near  as  may  be  they  shall  perform  the  same  duties,  exercise 
the  same  powers  (including  those  relating  to  the  appointment  and  dis¬ 
charge  of  employees  and  to  the  collection  and  disbursement  of  monies).” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  2G,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  A"eas,  67;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C„ 

Rinaker 

W  arren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

Section  26,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  27  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Trautmann  offered  the  following  amendment  and 
moved  its  adoption  :  - 


Amendment  No.  9. 

Amend  section  27  by  adding  the  following  at  the  end  thereof: 

“The  collection  and  disbursement  of  monies,  and  receive  the  same 
salary  as  prior  to  the  date  last  mentioned.” 


And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  27,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  67 ;  nays,  0. 


Those 

voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Cutting 

Green 

Meinert 

Sutherland 

Barr 

Davis 

Hamill 

Miller 

Taff 

Beckman 

Dawes 

Hogan 

Mills 

Todd 

Brandon 

De  Young 

Hollenbeck 

Moore 

Torrance 

Brenholt 

Dietz 

Hull 

Nichols 

Traeger 

Brewster 

Dunlap 

Jack 

Paddock 

Trautmann 

Cary,  C.  D. 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Carlstrom 

Elting 

Johnson,  L.  C. 

Rinaker 

W  arren 

Catron 

Fifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Chew 

Garrett 

Kerrick 

Shanahan 

Wilson 

Clarke 

Gee 

Latchford 

Shuey 

Woodward 

Coolley 

Gilbert 

Lill 

Six 

Mr.  President 

Corlett 

Goodyear 

Lindly 

Sneed 

Yeas — 67. 

Cruden 

Gray 

Mack 

Nays — 0. 

Section  27,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Mr.  Trautmann  offered  the  following  as  a  new  section  to  be  known 
as  section  27%,  and  moved  its  adoption : 

“Section  27%.  The  office  of  judge  of  the  City  Court  and  judge  of  the 
Probate  Court  or  probate  judge  shall  be  abolished  from  and  after  the  re¬ 
spective  consolidations  of  City  and  Probate  Courts  with  other  courts  as 


1922.] 


CONSTITUTIONAL  CONVENTION. 


771 


in  this  Constitution  provided.  The  offices  of  justices  of  the  peace  and 
constable  existing  at  the  time  of  the  adoption  of  this  Constitution  shall, 
from  and  after  the  election  or  appointment  and  qualification  of  justices  of 
the  peace  and  constables  in  the  respective  districts,  towns  or  portions  of 
towns,  in  accordance  with  the  provisions  of  this  article,  as  to  such  districts, 
towns  or  portions  of  towrns  be  abolished.” 

Whereupon  Section  27 %  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  67 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 

Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 

Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 

Cruden  - 

Section  27%,  having  received  the  votes  of  a  majority  of  the  Dele¬ 
gates  elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred 
to  the  Committee  on  Phraseology  and  Style  for  action,  as  provided  by 
Rule  20. 

Section  28  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  ol  the 
roll  was  had,  resulting  as  follows:  Yeas,  6*  ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Cutting 

Green 

Meinert 

Sutherland 

Davis 

Hamill 

Miller 

Taff 

Dawes 

Hogan 

Mills 

Todd 

De  Young 

Hollenbeck 

Moor# 

Torrance 

Dietz 

Hull 

Nichols 

Traeger 

Dunlap 

Jack 

Paddock 

Trautmann 

Dupuy,  G.  A. 

Jarman 

Pinnell 

Wall 

Elting 

Johnson,  L.  C. 

Rinaker 

Warren 

Pifer 

Johnson,  W.  A. 

Scanlan 

Whitman 

Garrett 

Kerrick 

Shanahan 

Wilson 

Gee 

Latchford 

Shuey 

Woodward 

Gilbert 

Bill 

Six 

Mr.  President 

Goodyear 

Lindly 

Sneed 

Yeas — 6 

Gray 

Mack 

Nays — 1 

Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 


Cutting 
Davis 
Dawes 
De  Young 
Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 
Pifer 
Garrett 
Gee 
Gilbert 
Goodyear 
Gray 


Green 
Hamill 
Hogan 
Hollenbeck 
Hull 
Jack 
Jarman 
Johnson,  L.  C. 
Johnson,  W.  A. 
Kerrick 
Latchford 
Dill 
Lindly 
Mack 


Meinert 

Miller 

Mills 

Moore 

Nichols 

Paddock 

Pinnell 

Rinaker 

Scanlan 

Shanahan 

Shuey 

Six 

Sneed 


Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Whitman 

Wilson 

Woodward 

Mr.  President 

Yeas— 67. 


Nays — 0. 

Section  28,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action  as  provided  by  Rule  20. 
Section  29  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  ol  the 
roll  was  had,  resulting  as  follows:  Yeas,  67 ;  nays,  0. 


772 


JOURNAL  OP  THE 


[June  22, 


Those  voting  in  the  affirmative  are 

Adams  Cutting 

trar.r  Davis 

Beckman  Dawes 


Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 


De  Young 
Dietz 
Dunlap 
Dupuy,  G.  A. 
El  ting 
Pifer 
Garrett 
Gee 
Gilbert 
Goodyear 
Gray 


Green 
Hamill 
Hogan 
Hollenbeck 
Hull 
Jack 
Jarman 
Johnson,  L.  C. 
Johnson,  W.  A. 
Kerrick 
Latchford 
Lill 
Lindly 
Mack 


Messrs. 

Meinert 

Miller 

Mills 

Moore 

Nichols 

Paddock 

Pinnell 

Rinaker 

Scanlan 

Shanahan 

Shuey 

Six 

Sneed 


Sutherland 
Taff 
Todd 
Torrance 
Traeger 
Trautmann 
Wall 
Warren 
Whitman 
Wilson 
Woodward 
Mr.  President 
Yeas- 


-  67. 

pl  ,  S,eetl0n  29,  having  received  the  votes  of  a  majority  of  the  Mesates 
ected  was  declared  passed,  and,  under  the  rules  was  re-referred  to  the 

*«■»  »■ 

ra  rsvric*  zrt-  *  “n  - «» 

l  hose  voting  in  the  affirmative  are :  Messrs. '  ’ 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom* 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 


Cutting 
Davis 
Dawes 
De  Young 
Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 
Pifer 
Garrett 
Gee 
Gilbert 
Goodyear 
Gray 


Green 
Hamill 
Hogan 
Hollenbeck 
Hull 
Jack 
Jarman 
Johnson,  L.  C. 
Johnson,  W.  A 
Kerrick 
Latchford 
Lill 
Lindly 
Mack 


Meinert 

Miller 

Mills 

Moore 

Nichols 

Paddock 

Pinnell 

Rinaker 

Scanlan 

Shanahan 

Shuey 

Six 

Sneed 


Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Whitman 

Wilson 

Woodward 

Mr.  President 

Yeas — 67. 


Section  30  having  received  the  votes  of  a  majority  of  the  Delegates 
elected  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 

°m SwHon°3lPhraS+e°i  0gy  and  ?tyIe  for  action’  as  Provided  by  Rule  20. 
section  31  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  67 ;  nays,  0. 

I  hose  voting  in  the  affirmative  are :  Messrs. 

i  Cl  /-'«  1  I  • 


Adams 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 


Cutting 
Davis 
Dawes 
De  Young 
Dietz 
Dunlap 
Dupuy,  G.  A. 
Elting 
Pifer 
Garrett 
Gee 
Gilbert 
Goodyear 
Gray 


Green 
Hamill 
Hogan 
Hollenbeck 
Hull 
Jack 
Jarman 
Johnson,  L.  C. 
Johnson,  W.  A. 
Kerrick 
Latchford 
Lill 


Meinert 

Miller 

Mills 

Moore 

Nichols 

Paddock 

Pinnell 

Rinaker 

Scanlan 

Shanahan 

Shuey 

Six 

Sneed 


Sutherland 
Taff 
Todd 
Torrance 
Traeger 
Trautmann 
Wall 
W  arren 
‘  Whitman 
Wilson 
Woodward 
Mr.  President 

Yeas — 67. 
Nays — 0. 


Lindly 

Q  01  .  .  ^Iack  Nays— 0. 

►  oction  31  having  received  the '.votes  of  a  majority  of  the  Delegates 
elected  was  dedared  passed,  and,  under  the  rules,  was 're-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  bv  Rule  20. 

ie  convention  proceeding  on  the  order  of  reports  of  standing 
committees.  ,  & 

Mr.  Clarke  submitted  the  following  report: 


1922.] 


CONSTITUTIONAL  CONVENTION. 


773 


Report  No.  22. 

YOUR  COMMITTEE  ON  PHRASEOLOGY  AND  STYLE  TO  WHICH  WAS  RE¬ 
FERRED  A  PROPOSAL  FROM  THE  COMMITTEE  ON  LABOR  RE¬ 
SPECTFULLY  REPORTS  THAT  IT  HAS  CONSIDERED  THAT  PRO¬ 
POSAL  AND  SUBMITS  THE  SAME  AND  RECOMMENDS  ITS  ADOP¬ 
TION  WITHOUT  CHANGE. 

Resolved,  That  the  following  shall  become  a  part  of  the  Constitution  of 
Illinois : 

Section  1.  No  law  shall  be  passed  denying  the  right  of  workmen  to 
organize  into  trade  and  labor  unions  and  to  deal  and  speak  through  repre¬ 
sentatives  chosen  by  themselves. 

Respectfully  submitted, 

(Signed)  Elam  L.  Clarke,  Chairman, 
Thos.  Rinaker, 

C.  B.  T.  Moore, 

George  A.  Barr, 

E.  H.  Dupee, 

H.  R.  Torrance, 

E.  H.  Brewster, 

Committee. 

The  report  of  the  committee  was  ordered  printed  and  the  proposal 
placed  on  the  order  of  second  reading. 

The  Convention  proceeding  upon  the  consideration  of  Report  No. 
22,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  labor, 
section  1  thereof  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Hamill  offered  the  following  amendment  and  moved 

its  adoption: 

Amendment  No.  1. 


Amend  section  1  by  substituting  therefor  the  following: 

“The  right  of  individuals  to  associate  together  for  lawful  purposes  and 
to  act  and  speak  through  representatives  chosen  by  themselves  shall  rJot 
be  abridged  or  denied.” 


And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  1,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Teas,  19  ;  na}-s,  41. 


Those  voting  in  the  affirmative  are : 

Catron  Dawes  Fifer 

Chew  Dunlap  Green 

Clarke  Dupuy,  G.  A.  Hamill 

Cutting  Elting  Hull 

Davis 


Messrs. 

Jack 

Miller 

Moore 


Six 

Wilson 

Woodward 

Yeas — 19. 


Those  voting  in  the  negative  are :  Messrs. 


Barr 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Coolley 

Cruden 

De  Young 


Dietz 
Garrett 
Goodyear 
Gray 
Hogan 
Hollenbeck 
Jarman 
Johnson,  L.  C. 
Latchford 


Lill 
Lindly 
Mack 
Meinert 
Miller 
Nichols 
Paddock 
Pinnell 


Rinaker 

Scanlan 

Shanahan 

Shuey 

Sneed 

Sutherland 

TafC 

Todd 


Torrance 

Traeger 

Trautmann 

Wall 

Warren 

Whitman 

Mr.  President 

Nays — 41. 


Section  1,  having  failed  to  receive  the  votes  of  a  majority  of  the 

Delegates  elected,  was  declared  lost.  . 

By  unanimous  consent  the  vote  by  which  section  1  has  failed  to  pass 

was  reconsidered.  #  ,  .  , 

Whereupon  Mr.  Hamill  moved  to  reconsider  the  vote  b^y  wine 

Amendment  No.  1,  offered  by  him,  was  adopted. 


774 


JOURNAL  OP  THE 


[June  22, 


And  the  motion  prevailed. 

Mr.,  Hamill  thereupon  withdrew  Amendment  No.  1. 

The  question  then  being  on  the  adoption  of  section  1,  pending  roll 
call,  on  motion  of  Mr,  Sneed,  further  consideration  of  section  1  was 
postponed. 

General  Orders. 

The  Convention  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Green  to  the  chair. 

And  at  the  hour  of  5:55  o’clock  p.  m.,  the  Convention  went  into 
Committee  of  the  W  hole  for  the  consideration  of  the  report  of  the  Com¬ 
mittee  on  Submission  and  Address. 

At  the  hour  of  6  :37  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Green,  from  the  Committee  of  the  Whole,  having  had  under 
consideration  the  report  of  the  Committee  on  Submission  and  Address, 
reported  the  same  back  together  with  the  following  amendments  thereto, 
to-wit : 

Amend  section  2  by  striking  out  the  figure  “7”  in  the  last  line  thereof 
and  inserting  in  lieu  thereof  the  figure  “6”. 

Amend  section  7  by  striking  out  the  rest  of  the  sentence  after  the  word 
“show”  in  line  3,  and  inserting  in  lieu  thereof  the  following: 

(a)  The  aggregate  number  of  electors  voting  in  each  county,  (bjf 
the  aggregate  number  of  votes  cast  for  the  adoption  of  this  Constitution, 
and  (c)  the  aggregate  number  of  votes  cast  against  the  adoption  of  this 
Constitution.” 

Amend  section  7  by  inserting  after  the  word  “after”  in  the  third  to  the 
last  line,  the  following:  “12  o’clock  noon  of”. 

Amend  section  5  by  striking  out  all  of  the  section  after  the  word  “ballot” 
in  the  third  line. 

And  recommended  that  the  report  of  the  Committee  on  Submission 
and  Address,  as  amended,  do  pass. 

I  he  report  of  the  Committee  of  the  Whole  was  concurred  in  and  the 
report  of  the  Committee  on  Submission  and  Address,  as  amended,  was 
referred  to  the  Committee  on  Phraseology  and  Style. 

Mr.  Taff  moved  to  suspend  the  rules  for  the  purpose  of  reconsidering 
the  vote  by  which  section  83,  of  the  Article  on  Executive  Department  was 
heretofore  adopted. 

The  question  being  on  the  motion  to  suspend  the  rules,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  17;  nays,  26. 

And  the  motion  was  lost. 

The  Convention  proceeding  on  the  order  of  reports  of  standing  com¬ 
mittees. 

Mr.  Clarke  submitted  the  following  report: 


1922.] 


CONSTITUTIONAL  CONVENTION. 


775 


REPORT  NO.  23. 

YOUR  COMMITTEE  ON  PHRASEOLOGY  AND  STYLE  TO  WHICH  WAS 
REFERRED  A  PROPOSAL  COMING  FROM  THE  COMMITTEE  ON 
SUBMISSION  AS  PASSED  IN  COMMITTEE  OF  THE  WHOLE  RE¬ 
SPECTFULLY  REPORTS  THAT  IT  HAS  CONSIDERED  SUCH  PRO¬ 
POSAL,  REPORTS  IT  BACK  WITHOUT  CHANGE  AND  RECOMMENDS 
ITS  ADOPTION  IN  THE  FOLLOWING  FORM: 

Resolved,  That  the  following  become  a  part  of  the  Schedule  of  the  Con¬ 
stitution  of  Illinois: 

Section  1.  This  Constitution  shall  be  submitted  to  the  people  of  the 
State  of  Illinois  for  adoption  or  rejection  at  an  election  to  be  held  on  Tuesday 
the  twelfth  day  of  December  in  the  year  nineteen  hundred  twenty-two.  The 
county  clerks  of  the  respective  counties  of  this  State  shall  give  notice  between 
the  first  and  tenth  days  of  November  nineteen  hundred  twenty-two  in  the 
manner  required  by  law  for  notices  of  general  elections  that  at  such  election 
this  Constitution  will  be  submitted  to  the  electors  of  this  State  for  adoption 
or  rejection. 

Section  2.  Every  person  entitled  to  vote  under  the  provisions  of  existing 
laws  shall  be  entitled  to  vote  for  the  adoption  or  rejection  of  this  Constituion, 
and  such  persons  shall  vote  by  ballot.  Such  election  shall  be  conducted  and 
the  returns  thereof  made  according  to  the  laws  now  in  force  regulating  gen¬ 
eral  elections.  The  polls  shall  be  kept  open  at  such  election  from  the  hour 
of  six  o’clock  in  the  morning  until  the  hour  of  seven  o’clock  in  the  evening. 

Section  3.  The  officers  now  required  by  law,  in  the  case  of  general  elec¬ 
tions,  to  provide  proper  election  supplies  for  each  precinct  or  district,  shall 
provide  in  the  manner  now  required  by  law  for  conducting  general  elections, 
all  necessary  poll  books,  tally  sheets,  form  of  return  and  ballots  for  such] 
election. 

Section  4.  The  ballots  to  be  used  at  such  election  shall  be  substantially 
in  the  following  form: 


PROPOSED  NEW  CONSTITUTION  ELECTION  BALLOT. 


1  — 

SHALL  THE  PROPOSED  NEW 

1 

1 

YES 

1 

1 

1 

! 

CONSTITUTION  BE  ADOPTED 

1  - 

r  no 

1 

1 

I 

.  ! 

Section  5.  The  elector  shall  designate  his  vote  by  a  cross  mark  thus,  X, 
to  be  placed  in  one  of  the  squares  on  the  right-hand  margin  of  the  ballot. 

Section  6.  The  ballots  cast  for  and  against  this  Constitution  shall  be  re¬ 
ceived  and  canvassed  by  the  judges  and  clerks  of  such  election  and  returned 
as  provided  by  law  for  general  elections. 

Section  7.  Within  fifteen  days  after  such  election,  returns  thereof  shall 
be  made  by  the  several  county  clerks  to  the  Secretary  of  State  and  shall  show 
(a)  the  aggregate  number  of  electors  voting  in  each  county,  (b)  the  aggre¬ 
gate  number  of  votes  cast  for  the  adoption  of  this  Constitution  and  (c)  the 
aggregate  number  of  votes  cast  against  the  adoption  of  this  Constitution 
Such  returns  shall  within  ten  days  thereafter  be  examined  and  canvassed  by 
the  Attorney  General,  the  Secretary  of  State,  the  Auditor  of  Public  Accounts 
and  the  State  Treasurer  or  any  three  of  them  in  the  presence  of  the  Governor 
and  proclamation  shall  be  made  by  the  Governor  forthwith  of  the  result  of 
the  canvass.  If  it  shall  appear  that  a  majority  of  the  votes  cast  are  for  the 
adoption  of  the  new  Constitution,  the  same  shall  be  the  supreme  lav  of  the 
State  of  Illinois  on  and  after  twelve  o’clock  noon  of  Monday,  the  fifteenth 


776 


JOURNAL  OF  THE 


[June  22, 


day  of  January  nineteen  hundred  twenty-three  and  the  existing  Constitution 
•  shall  thereupon  cease  in  all  its  provisions. 

Respectfully  submitted, 

(Signed)  Elam  L.  Clarke,  Chairman. 

Thos.  Rinaker. 

Charles  B.  T.  Moore. 

E.  H.  Dupee. 

H.  E.  Torrance. 

George  A.  Barr. 

Edward  H.  Brewster. 

June  22,  1922. 

The  report  of  the  committee  was  ordered  printed  and  the  proposal 
placed  on  the  order  of  second  reading. 

The  Convention  proceeding  upon  the  consideration  of  Report  Xo. 
23,  of  the  Committee  on  Phraseology  and  Style,  on  the  subject  of  sub¬ 
mission  and  address,  section  1  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  62;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Hogan 

Miller 

Sutherland 

Barr 

Dawes 

Hollenbeck 

Mills 

Taff 

Brandon 

Dietz 

Hull 

Moore 

Todd 

Brenholt 

Dunlap 

Jack 

Nichols 

Torrance 

Brewster 

Elting 

Jarman 

Paddock 

Traeger 

Cary,  C.  D. 

Pifer 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Carlstrom 

Garrett 

Johnson,  W.  A. 

Rinaker 

Warren 

Catron 

Gee 

Kerrick 

Scanlan 

Whitman 

Chew 

Gilbert 

Latchford 

Shanahan 

Wilson 

Clarke 

Goodyear 

Bill 

Shuey 

Woodward 

Coolley 

Gray 

Lindly 

Six 

Mr.  President 

Cruden 

Green 

Mack 

Sneed 

Yeas — 6: 

Cutting 

Hamill 

Meinert 

.  Nays — 

Section  1,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 


Section  2  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 


roll  was  had,  resulting  as  follows :  Yeas,  62 ;  nays,  0. 


Those  voting  in  the  affirmative  are :  Messrs. 

Adams 

Davis 

Hogan 

Miller 

Sutherland 

Barr 

Dawes 

Hollenbeck 

Mills 

Taff 

Brandon 

Dietz 

Hull 

Moore 

Todd 

Brenholt 

Dunlap 

Jack 

Nichols 

Torrance 

Brewster 

Elting 

Jarman 

Paddock 

Traeger 

Cary,  C.  D 

Fifer 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Carlstrom 

Garrett 

Johnson,  W.  A. 

Rinaker 

Warren 

Catron 

Gee 

Kerrick 

Scanlan 

Whitman 

Chew 

Gilbert 

Latchford 

Shanahan 

Wilson 

Clarke 

Goodyear  Dill 

Shuey 

Woodward 

Coolley 

Gray 

Lindly 

Six 

Mr.  President 

Cruden 

Green 

Mack 

Sneed 

Yeas — 6 

Cutting 

Hamill 

Meinert 

Nays — 1 

Section 

2,  having 

received  the  votes  of 

a  majority 

of  the  Delegate 

elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 


Section  3  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  62;  nays,  0. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


Adams 
Barr 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D 
Carlstrom 
Catron 
Chew 
Clarke 


Those  voting  in  the  affirmative  are . 

Hogan 
Hollenbeck 
Hull 
Jack 
Jarman 


Davis 
Dawes 
Dietz 
Dunlap 
Biting 


Fifer 
Garrett 
Gee 
Gilbert 
Goodyear 
Gray 
Green 
Hamill 


Johnson,  L.  C. 
Johnson,  W.  A. 
Kerrick 
Latchford 
Lill 
Lindly 
Mack 
Meinert 


Messrs. 

Miller 
Mills 
Moore 
Nichols 
Paddock 
Pinnell 
Rinaker 
Scanlan 
Shanahan 
Shuey 
Six 
Sneed 


777 


Sutherland 

Taf£ 

Todd 

Torrance 

Traeger 

Trautmann 

Warren 

Whitman 

Wilson 

Woodward 

Mr.  President 

Yeas — 62. 

Nays — 0. 


Coolley 
Cruden 

cutting  ™  received  ^  yotes  Qf  a  majority  of  the  Delegates 

elected  was  declared  passed,  and.  under  the  rules,  was  *  *e 

Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  .0. 

Kppfion  4  was  taken  up  and  road  at  laige.  p  j.a.„ 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 

roll  was  had,  resulting  as  follows:  .Yeas,  6,w,  na}s,  . 

Those  voting  in  the  affirmative  are:  Messis. 


Adams 
Barr 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Cruden 
Cutting 


Davis 
Dawes 
Dietz 
Dunlap 
Biting 
Fifer 
Garrett 
Gee 
Gilbert 
Goodyear 
Gray 
Green 
Hamill 


Sutherland 

Taff 

Todd 

Torrance 

Traeger 

Trautmann 

Warren 

Whitman 

Wilson 

Woodward 

Mr.  President 

Yeas — 62. 
Nays — 0. 


Hogan  Miller 

Hollenbeck  Mills 

Hull  Moore 

Jack  Nichols 

Jarman  Paddock 

Johnson,  L.  C.  Pinnell 
Johnson,  W.  A.  Rinaker 
Kerrick  Scanlan 

Latchford  Shanahan 

Lill  Shuey 

Lindly  Six 

Mack  Sneed 

i  '»■  **  » 

roll  was  had,  resulting  as  follows :  1  eas,  6~  ,  nay 

Those  voting  in  the  affirmative  are:  Messi=. 

Hogan 
Hollenbeck 
Hull 
Jack 
Jarman 
Johnson,  L.  C. 

Johnson,  W.  A 
Kerrick 
Latchford 

Lill  .  _ 

Lindly  Six  yeas — 62. 

Mack  Sneed  Nays — 0. 

lection  5,  Sg  receivedTeYtes  of  ^Jor^^  legates 

for  action, "as  provided  by  Rule  20. 

Section  6  was  taken  up  and  read  at  laigc.  tion  a  eall  of  the 

And  the  question  being  on  the  adoption  ot  the  ..eetio  , 

roll  was  had,  resulting  as  follows :  ^  eas,  6,  ,  nay.,  . 


Adams 
Barr 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Cruden 
Cutting 


Davis 
Dawes 
Dietz 
Dunlap 
Elting 
Fifer 
Garrett 
Gee 
Gilbert 
Goodyear 
Gray 
Green 
Hamill 


Miller 

Mills 

Moore 

Nichols 

Paddock 

Pinnell 

Rinaker 

Scanlan 

Shanahan 

Shuey 

Six 

Sneed 


Sutherland 
TafC 
Todd 
Torrance 
Traeger 
Trautmann 
Warren 
Whitman 
Wilson 
Woodward 
Mr.  President 
Yeas- 


778 


JOURNAL  OF  THE 


[June  22, 


Those  voting  in  the  affirmative  are : 


Adams 

Davis 

Hogan 

Barr 

Dawes 

Hollenbeck 

Brandon 

Dietz 

Hull 

Brenholt 

Dunlap 

Jack 

Brewster 

Elting 

Jarman 

Cary,  C.  D. 

Fifer 

Johnson,  L.  C. 

Carlstrom 

Garrett 

Johnson,  W.  A. 

Catron 

Gee 

Kerrick 

Chew 

Gilbert 

Latchford 

Clarke 

Goodyear 

Lill 

Coolley 

Gray 

Lindly 

Cruden 

Green 

Mack 

Cutting 

Hamill 

Meinert 

Messrs. 

Miller 

Mills 

Moore 

Nichols 

Paddock 

Pinnell 


Those  voting  in  the  affirmative  are : 

S  «/  / 

Messrs. 

Adams 

Davis 

Hogan 

Miller 

Barr 

Dawes 

Hollenbeck 

Mills 

Brandon 

Dietz 

Hull 

Moore 

Brenholt 

Dunlap 

Jack 

Nichols 

Brewster 

Elting 

Jarman 

Paddock 

Cary,  C.  D. 

Fifer 

Johnson,  L.  C. 

Pinnell 

Carlstrom 

Garrett 

Johnson,  W.  A. 

Rinaker 

Catron 

Gee 

Kerrick 

Scanlan 

Chew 

Gilbert 

Latchford 

Shanahan 

Clarke 

Goodyear 

Lill 

Shuey 

Coolley 

Gray 

Lindly 

Six 

Cruden 

Green 

Mack 

Sneed 

Cutting’ 

Hamill 

Meinert 

Sutherland 
Taff 
Todd 
Torrance 
Traeger 
Trautmann 

Rinaker  Warren 

‘  Scanlan  Whitman 

Shanahan  Wilson 

Shuey  Woodward 

Six  Mr.  President 

Sneed  Yeas— 62. 

Nays — 0. 

Section  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was"  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 
Section  7  was  taken  up  and  read  at  large. 

And  the  question  being  on  the  adoption  of  the  section,  a  call  of  the 
roll  was  had,  resulting  as  follows:  Yeas,  62;  nays,  0. 

Sutherland 
Taff 
Todd 
Torrance 
Traeger 
Trautmann 
Warren 
Whitman 
Wilson 
Woodward 
Mr.  President 

Yeas — 62. 
Nays — 0. 

Section  7,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

h>3  unanimous  consent,  on  motion  of  Mr.  DeYoung,  the  rules  were 
suspended  for  the  purpose  of  reconsidering  the  vote  by  which  sections 
121,  125  and  127,  of  the  Article  on  Judicial  Department,  were  adopted. 

Section  121  being  taken  up,  Mr.  DeYoung  offered  the  following 
amendment  and  moved  its  adoption : 

Amend  section  121,  in  the  second  line  thereof,  after  the  word  “court” 
by  striking  out  the  words  “or  by  law.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  the  section,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  lYas,  61:  nays,  0. 
Those  voting  in  the  affirmative  are:  Messrs. 

Sutherland 
Taff 
Todd 
Torrance 
Traeger 
Trautmann 
Warren 
Whitman 
Wilson 
Woodward 
Mr.  President 

Yeas — 61. 

...  .  Nays — 0. 

section  121,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 


Adams 

Davis 

Hogan 

Meinert 

Barr 

Dawes 

Hollenbeck 

Miller 

Brandon 

Dietz 

Hull 

Mills 

Brenholt 

Dunlap 

Jack 

Moore 

Brewster 

Elting 

Jarman 

Nichols 

Cary,  C.  D. 

Fifer 

Johnson,  L.  C. 

Paddock 

Carlstrom 

Garrett 

Johnson,  W.  A. 

Pinnell 

Catron 

Gee 

Kerrick 

Rinaker 

Chew 

Gilbert 

Latchford 

Shanahan 

Clarke 

Goodyear 

Lill 

Shuey 

Coolley 

Gray 

Lindly 

Six 

Cruden 

Green 

Mack 

Sneed 

Cutting 

Hamill 

1922.] 


CONSTITUTION  A.L  CONVENTION. 


779 


Section  125  being  taken  up,  Mr.  DeYoung  offered  the  following 
amendment  and  moved  its  adoption : 

Amend  section  125,  in  the  first  line  thereof,  after  the  word  “department” 
by  striking  out  the  words  “shall  perform  such  duties  as  provided  by  law. 
They.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  the  section,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  61;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Hogan 

Meinert 

Sutherland 

Barr 

Dawes 

Hollenbeck 

Miller 

Taff 

Brandon 

Dietz 

Hull 

Mills 

Todd 

Brenholt 

Dunlap 

Jack 

Moore 

Torrance 

Brewster 

Elting 

Jarman 

Nichols 

Traeger 

Cary,  C.  D. 

Fifer 

Johnson,  L.  C. 

Paddock 

Trautmann 

Carlstrom 

Garrett 

Johnson,  W.  A. 

Pinnell 

Warren 

Catron 

Gee 

Kerrick 

Rinaker 

Whitman 

Chew 

Gilbert 

Latchford 

Shanahan 

Wilson 

Clarke 

Goodyear 

Lill 

Shuey 

Woodward 

Coolley 

Gray 

Lindly 

Six 

Mr.  President 

Cruden 

Green 

Mack 

Sneed 

Yeas— 61. 

Cutting 

Hamill 

Nays — 0. 

Section  125,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  127  being  taken  up,  Mr.  DeYoung  offered  the  following 
amendment  and  moved  its  adoption : 

Amend  section  127,  in  the  third  line  thereof,  after  the  word  “salary,” 
by  striking  out  the  words  “or  perform  any  duties  other  than  judicial.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  the  section,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows  :  Yeas,  62 ;  nays,  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Davis 

Hogan 

Miller 

Sutherland 

Barr 

Dawes 

Hollenbeck 

Mills 

Taff 

Brandon 

Dietz 

Hull 

Moore  ‘ 

Todd 

Brenholt 

Dunlap 

Jack 

Nichols 

.Torrance 

Brewster 

Elting 

Jarman 

Paddock 

Traeger 

Cary,  C.  D. 

Fifer 

Johnson,  L.  C. 

Pinnell 

Trautmann 

Carlstrom 

Garrett 

Johnson,  W.  A. 

Rinaker 

Warren 

Catron 

Gee 

Kerrick 

Scanlan 

Whitman 

Chew 

Gilbert 

Latchford 

Shanahan 

Wilson 

Clarke 

Goodyear 

Lill 

Shuey 

Woodward 

Coolley 

Gray 

Lindly 

Six 

Mr.  President 

Cruden 

Green 

Mack 

Sneed 

Yeas — 62. 

Cutting 

Hamill 

Meinert 

Nays — 0. 

Section  127,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Stvle  for  action,  as  provided  by  Rule  20. 

By  unanimous  consent,  on  motion  of  Mr.  Hull,  the  rules  were  sus¬ 
pended  for  the  purpose  of  reconsidering  the  vote  by  which  section  116 
of  the  Article  on  Counties,  was  adopted. 

Section  176  being  taken  up,  Mr.  Hull  offered  the  following  amend¬ 
ment  and  moved  its  adoption  : 

Amend  section  176  by  striking  out  the  second  paragraph  thereof. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  the  section,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows':  Yeas,  62;  nays,  0 


780 


JOURNAL  OF  THE 


[June  22, 


Those  voting  in  the  affirmative  are:  Messrs. 

Sutherland 
Taff 
Todd 
Torrance 
Traeger 
Trautmann 
Warren 
Whitman 
Wilson 
Woodward 
Mr.  President 

Yeas — 62. 

.  .  Nays — 0. 

Section  1\  6,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

By  unanimous  consent,  upon  his  request,  Mr.  Brenholt  was  excused 
from  attendance  at  the  sessions  of  the  Convention  next  Tuesday. 

At  the  hour  of  7  :15  o’clock  p.  m.,  Mr.  Shanahan  moved  that  the 
Convention  do  now  adjourn  until  Tuesday,  June  27,  1922,  at  10:00 
o’clock  a.  m. 


Adams 

Davis 

Hogan 

Miller 

Barr 

Dawes 

Hollenbeck 

Mills 

Brandon 

Dietz 

Hull 

Moore 

Brenholt 

Dunlap 

Jack 

Nichols 

Brewster 

Elting 

Jarman 

Paddock 

Cary,  C.  D. 

Fifer 

Johnson,  D.  C. 

Pinnell 

Carlstrom 

Garrett 

Johnson,  W.  A. 

Rinaker 

Catron 

Gee 

Kerrick 

Scanlan 

Chew 

Gilbert 

Latchford 

Shanahan 

Clarke 

Goodyear 

Lill 

Shuey 

Coolley 

Gray 

Lindly 

Six 

Cruden 

Green 

Mack 

Sneed 

Cutting 

Hamill 

Meinert 

The  motion  prevailed. 

And  the  Convention  stood  adjourned. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


781 


§», 


TUESDAY,  JUNE  27,  1922,  10:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  the  Pev.  W.  H.  Penhollegon,  ot  the  hirst 
Presbyterian  Church  of  Decatur. 

The  Journal  of  Wednesday,  June  21,  having  been  printed  ana 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25,  the  Secietai} 
called  the  roll  of  the  Convention,  which  resulted  as  follows:  Present,  5G. 


Those  answering  present  are :  Messrs. 


Adams 

Adamkiewicz 

Barr 

Carlstrom 

Catron 

Chew 

Clarke 

Corlett 

Cruden 

Cutting 

Davis 

Dawes 


De  Young 

Dietz 

Dunlap 

Dupuy,  G.  A. 

Elting 

Pifer 

Garrett 

Gilbert 

Goodyear 

Gray 

Green 


Hamill 

Hogan 

Hull 

Ireland 

Jack 

J  arman 

Johnson,  D.  C.\ 

Johnson,  W.  A. 

Kerrick 

Bindly 

McEwen 


Meinert 

Mills 

Moore 

Nichols 

O’Brien 

Parker 

Pinnell 

Rinaker 

Scanlan 

Shanahan 

Shuey 


Sneed 
Sutherland 
Taff 
Todd 
Torrance 
Trautmann 
Wall 
W  arren 
Whitman 
Wilson 
Mr.  President 
Present — 56. 


Mr.  Jarman  called  up  section  9,  as  amended,  of  the  report  of  the 
Committee  on  Schedule,  further  consideration  of  which  was  postponed  on 
June  22,  and  offered  the  following  amendment  and  moved  its  adoption : 


Amendment  No.  1. 

Amend  section  9  by  striking  out  the  figures  “1925”  in  line  8  thereof, 
and  inserting  the  figures  “1927”  so  that  the  line  shall  read  as  follows:  “in 
the  fifth  district,  in  1927,  for  election  of  one  justice.”  . 

Also  by  striking  out  the  third  paragraph  thereof,  beginning  with  the 
words  “one  member  of  the  court,”  and  inserting  in  lieu  thereof  the  follow¬ 
ing:  “During  the  time  there  are  eight  justices  of  the  Supreme  pourt  in 
office,  the  concurrence  of  five  shall  be  necessary  for  every  decision. 

Also  by  striking  out  the  word  “twenty-five”  in  line  3  of  paragraph  9, 
of  said  section  9,  and  inserting  in  lieu  thereof  the  word  “twenty-seven.” 

The  question  being  on  the  adoption  of  the  amendment,  a  division  of 
the  Convention  was  had  resulting  as  follows:  Yeas,  25;  nays,  21. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  9,  as  amended. 

Mr.  Jarman  moved  that  further  consideration  of  section  9  be  post¬ 
poned  until  2  :30  o'clock  p.  m. 

And  the  motion  prevailed. 

At  the  hour  of  12:15  o’clock  p.  m.,  Mr.  Trautmann  moved  that  the 
Convention  do  now  take  a  recess  until  2 :30  o’clock  p.  m. 

And  the  motion  prevailed. 


782 


JOURNAL  OF  THE 


[June  27, 


2  :30  o'Clock  P.  M. 


The  hour  of  2  :30  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 


The  President  presiding. 

Mr.  Sneed  again  called  up  Report  Yo.  22,  of  the  Committee  on 
Phraseology  and  Style  on  the  subject  of  labor,  consideration  of  which 
was  postponed  on  June  22. 

And  the  question  being  on  the  adoption  of  section  1  thereof,  a  call 
of  the  roll  was  had  resulting  as  follows:  Yeas,  18:  nays*  36. 

.Those  voting  in  the  affirmative  are:  Messrs. 


Adamkiewicz  Gilbert  Lindly 

Chew  Hogan  Meinert 

Cruden  Jarman  Nichols 

Garrett  Johnson,  L.  C.  O’Brien 


Parker 

Scanlan 

Shanahan 


Sneed 

Torrance 

Wall 

Yeas — 18. 


Those  voting  in  the  negative  are : 


Adams 

Barr 

Carlstrom 

Catron 

Clarke 

Corlett 

Cutting 

Dawes 


De  Young 

Dietz 

Dunlap 

Dupuy,  G.  A. 

Elting 

Goodyear 

Gray 


Green 

Hamill 

Hull 

Ireland 

Jack 

Johnson,  W. 
Kerrick 


Messrs. 

McEwen 
Mills 
Moore 
Pinnell 
Rinaker 
A.  Shuey 
Smith 


The  section  having  failed  to  receive  the  votes  of 
Delegates  elected,  was  declared  lost. 


Sutherland 

Taff 

Todd 

W  arren 

Whitman 

Wilson 

Mr.  President 

Nays — 36. 

a  majority  of  the 


Mr.  Trautmann  asked  unanimous  consent  to  suspend  the  rules  for 
the  purpose  of  making  a  motion  to  reconsider  the  vote  by  which  section 
21,  of  the  Article  on  Schedule,  was  adopted,  for  the  purpose  of  offering 
a  specific  amendment. 


I  nanimous  consent  being  granted,  Mr.  Trautmann  moved  to  re¬ 
consider  the  vote  by  which  section  21.  of  the  Article  on  Schedule,  was 
heretofore  adopted. 

And  the  motion  prevailed. 

A  hereupon  Mr.  Trautmann  offered  the  following  amendment  and 
moved  its  adoption : 


Amendment  No.  1. 

Amend  section  21  of  the  report  of  the  Committee  on  Phraseology  and 
Style  on  the  Schedule  which  is  the  same  as  section  20  on  the  Second  Revised 
Draft  of  the  Constitution.  Amend  by  striking  out  of  lines  7  and  8  the  follow¬ 
ing:  “by  the  addition  of  fifty  per  cent;  with  the  minimum  salary  of”  and 
insert  in  lieu  thereof  the  word  “to.”  Strike  out  of  line  10  the  following: 
“a  minimum  salary  of”  and  insert  in  lieu  thereof  the  word  “to.”  Strike  out 
of  line  12  the  following:  “minimum  salary  of”  and  insert  in  lieu  thereof  the 
word  “to.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  21,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas,  54:  nays,  0. 


1922.] 

CONSTITUTIONAL  CONVENTION. 

783 

Those 

voting  in  the  affirmative  are : 

Messrs. 

V 

Adams 

De  Young 

Hogan 

Mills 

Sutherland 

Adamkiewicz 

Dietz 

Hull 

Moore 

Taff 

Barr 

Dunlap 

Ireland 

Nichols 

Todd 

Carlstrom 

Dupuy,  G.  A. 

Jack 

O’Brien 

Torrance 

Catron 

Elting 

Jarman 

Parker 

Trautmann 

Chew 

Garrett 

Johnson,  L.  C. 

Pinnell 

Wall 

Clarke 

Gilbert 

Johnson,  W.  A. 

Rinaker 

Warren 

Corlett 

Goodyear 

Kerrick 

Shanahan 

Whitman 

Cutting 

Gray 

Lindly 

Shuey 

Wilson 

Davis 

Green 

McEwen 

Smith 

Mr.  President 

Dawes 

Hamill 

Meinert 

Sneed 

Yeas — 54. 

Nays — 0. 


Section  21,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style,  for  action,  as  provided  by  Rule  20. 

By  unanimous  consent,  Mr.  Dupuy  offered  the  following  as  an  addi¬ 
tional  section  to  the  Article  on  Schedule,  to  be  known  as  section  32,  as 
follows : 


Section  32.  From  and  after  the  seventh  day  of  May,  1923,  and  until 
otherwise  provided  by  law,  all  matters  of  fees  and  costs  connected  with  pro¬ 
ceedings  in  the  Circuit  Court  of  Cook  County  shall  be  regulated  by  rules 
to  be  adopted  by  the  Supreme  Court. 


The  question  being  on  the  adoption  of  section  32,  a  call  of  the  roll 
was  had,  resulting  as  follows :  Yeas,  52 ;  nays.  0. 

Those  voting  in  the  affirmative  are :  Messrs. 


Adams 

Adamkiewicz 

Barr 

Carlstrom 

Catron 

Chew 

Clarke 

Corlett 

Cutting 

Davis 

De  Young 


Dietz 

Dunlap 

Dupuy,  G.  A. 

Elting 

Garrett 

Gilbert 

Goodyear  . 

Gray 

Green 

Hamill 

Hogan 


Hull 

Ireland 

Jack 

Jarman 

Johnson,  L.  C. 

Johnson,  W.  A, 

Kerrick 

Lindly 

McEwen 

Meinert 

Mills 


Moore 

Nichols 

O’Brien 

Parker 

Pmnell 

Rinaker 

Scanlan 

Shanahan 

Shuey 

Smith 


Taff 

Todd 

Torrance 

Trautmann 

Wall 

W  arren 

Whitman 

Wilson 

Mr.  President 

Yeas — 52. 

Nays — 0. 


Section  32,  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed,  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Rule  20. 

Section  9,  as  amended,  of  the  report  of  the  Committee  on  Schedule, 
consideration  of  which  was  postponed  at  the  hour  of  taking  a  recess,  was 
again  taken  up. 

And  the  question  being  on  the  adoption  of  the  section. 

Pending  roll  call,  Mr.  Jarman  moved  that  further  consideration  be 


postponed. 

And  the  motion  prevailed. 

Mr.  Jarman  then  moved  to  reconsider  the  vote  by  which  the 
Minority  Report  was  substituted  for  section  9,  of  the  Majority  Report, 


of  the  Article  on  Schedule. 


And  the  motion  prevailed. 

Mr.  Jarman,  thereupon,  by  unanimous  consent,  withdrew  his 
minority  report  and  offered  the  following  amendment  in  lieu  thereof  to 
section  9 : 

Amendment  No.  2. 


Amend  section  9,  by  striking  out  the  words  “twenty-four”  in  line  four 
of  the  second  paragraph  and  inserting  the  words  “twenty-seven.” 

Also  by  striking  out  the  word  “when”  in  line  1  of  paragraph  3  and  by 
striking  out  the  words  “twenty-four”  and  inserting  the  words  “twenty-seven” 


784 


JOURNAL  OF  THE 


[June  27, 


in  line  3  of  pargraph  3  and  striking  out  the  word  “expires”  in  line  3,  para^ 
graph  3,  and  the  word  “this”  in  line  4  and  inserting  the  words  “shall  ex¬ 
pire”  before  the  word  “on”  and  inserting  the  words  “at  which  time”  before 
the  words  “said  office”  in  line  4. 

And  the  amendment  was  lost. 


The  question  recurring  on  the  adoption  of  section  9  of  the  report  of 
the  Committee  on  Phraseology  and  Style  on  the  subject  of  schedule,  a 
call  of  the  roll  was  had  resulting  as  follows:  Yeas,  53;  nays,  5. 


Those  voting  in  the 

affirmative  are : 

Messrs. 

Adams 

Dawes 

Hamill 

Mills 

Sutherland 

Adamkiewicz 

Dietz 

Hogan 

Moore 

Taff 

Barr  • 

Dryer 

Hull 

Nichols 

Todd 

Carlstrom 

Dunlap 

Ireland 

O’Brien 

Torrance 

Catron 

Dupuy,  G.  A. 

Jack 

Parker 

Trautmann 

Chew 

Elting 

Jarman 

Finn  ell 

Wall 

Clarke 

Fifer 

Johnson,  L.  C. 

Rinaker 

Warren 

Corlett 

Gilbert 

Johnson,  W.  A. 

Scanlan 

Whitman 

Cruden 

Goodyear 

Kerrick 

Shuey 

Wilson 

Cutting 

Gray 

Lindly 

Sneed 

Mr.  President 

Davis 

Green 

Meinert 

Yeas — 

Those  voting  in  the  negative  are :  Messrs. 

De  Young  Garrett  McEwen  Shanahan  Smith 

Nays— 5. 


Section  9  having  received  the  votes  of  a  majority  of  the  Delegates 
elected,  was  declared  passed  and,  under  the  rules,  was  re-referred  to  the 
Committee  on  Phraseology  and  Style  for  action,  as  provided  by  Pule  20. 

Mr.  Green  moved  to  reconsider  the  vote  by  which  section  9  was 
adopted. 

Mr.  Whitman  moved  to  lay  that  motion  on  the  table. 

And  the  question  being  on  the  motion  to  table,  it  was  decided  in  the 
affirmative. 

Mr.  Carlstrom  called  up  section  84  of  the  Article  on  Executive  De¬ 
partment  in  the  Revised  Draft  of  June  22,  and,  by  unanimous  consent, 
the  words  “town  and  _  school"  were  stricken  from  second  line  of  said 
section. 

Mr.  Elting  asked  unanimous  consent  to  call  up  section  8,  of  the 
Article  on  Bill  of  Plights,  for  the  purpose  of  offering  a  specific  amend¬ 
ment. 

Unanimous  consent  being  refused,  Mr.  Elting  moved  to  suspend  the 
rules  for  that  purpose. 

The  question  being  on  the  motion  to  suspend  the  rules,  a  division  of 
the  Convention  was  had,  resulting  as  follows:  Yeas,  8;  nays,  27. 

And  the  motion  was  lost. 

Mr.  Trautmann  called  up  section  11  of  the  Article  on  Schedule,  in 
the  Revised  Draft  of  June  22,  and,  by  unanimous  consent,  the  words 
“twenty-nine"  in  the  last  line  of  said  section  were  stricken  out  and  the 
words  “twenty-eight"  substituted  in  lieu  thereof. 

Mr.  Hamill  called  up  section  30  of  the  Article  on  Schedule  in  the 
Revised  Draft  of  June  22,  and  by  unanimous  consent,  the  last  paragraph 
of  said  section  was  stricken  out. 

By  unanimous  consent,  Mr.  Sneed  offered  the  following  section  on 
second  reading  and  moved  its  adoption : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


785 


CONVICT  LABOR. 

Hereafter  it  shall  he  unlawful  for  the  commissioners  of  any  penitentiary, 
or  other  reformatory  institution  in  the  State  of  Illinois,  to  let  by  contract 
to  any  person,  or  persons,  or  corporation,  the  labor  of  any  convict  confined 

within  said  institution. 

The  question  being  on  the  adoption  of  the  section,  a  call  of  the  roll 
was  had,  resulting  as  follows:  Yeas,  52:  nays,  2. 


Those  voting  in  the  affirmative  are:  Messrs. 


Adams 

Adamkiewicz 

Barr 

Carlstrom 

Catron 

Chew 

Clarke 

Corlett 

Cruden 

Cutting 

Davis 


Sutherland 

Taff 

Todd 

Torrance 

Trautmann 

Wall 

W  arren 

Whitman 

Wilson 

Mr.  President 

Yeas — 52. 


Dietz  Ireland  »  Moore 

Dryer  Jack  Nichols 

Dunlap  Jarman  O’Brien 

Dupuy,  G.  A.  Johnson,  L.  C.  Parker 

Elting  Johnson,  W.  A.  Pinnell 

Pifer  Kerrick  Scanlan 

Garrett  Bindly  •  Shanahan 

Gilbert  McEwen  Shuey 

Gray  Meinert  Smith 

Green  Mills  Sneed 

Hogan 

Those  voting  in  the  negative  are :  Messrs. 

Goodyear  Hamill  Nays  2. 

The  section  on  Convict  Labor,  having  received  the  votes  of  a  ma¬ 
jority  of  the  Delegates  elected,  was  declared  passed,  and  under  the  rules, 
was  re-referred  to  the  Committee  on  Phraseology  and  Style  for  action 
as  provided  by  Pule  20. 

At  the  hour  of  5  :45  o’clock  p.  m.,  Mr.  Lindly  moved  that  the  Con¬ 
vention  do  now  take  a  recess  until  8  :00  o’clock  p.  m. 

And  the  motion  prevailed. 


8:00  o’Clock  P.  M. 

The  hour  of  8  :00  o’clock  p.  m.  having  arrived,  the  Convention  re¬ 
sumed  its  session. 

The  President  presiding. 

The  Convention  proceeding  on  the  order  of  Eeports  of  Standing 

Committees. 

Mr.  Clarke  submitted  the  following  report: 

REPORT  NO.  23. 

(June  27,  1922.) 

THE  COMMITTEE  ON  PHRASEOLOGY  AND  STYLE  TO  WHICH  WAS 
REFERRED  THE  VARIOUS  SECTIONS  AND  ARTICLES  AS  ADOPTED 
ON  SECOND  READING  UP  TO  JUNE  27,  1922,  RESPECTFULLY 
REPORTS  THAT  IT  HAS  CONSIDERED  SUCH  SECTIONS  AND 
ARTICLES  AND  HAS  COMBINED  AND  COORDINATED  THEM  TO 
CONSTITUTE  THE  REVISED  CONSTITUTION  AS  A  UNIT. 

Resolved,  That  the  following  shall  become  the  Constitution  of  Illinois 
and  the  Schedule  thereto: 


CONSTITUTION  OF  ILLINOIS. 

Preamble. 

We,  the  people  of  the  State  of  Illinois,  grateful  to  Almighty  God  for 
the  civil,  political  and  religious  liberties  which  He  hath  so  long  permitted 
us  to  enjoy  and  looking  to  Him  for  a  blessing  upon  our  endeavors  to  secure 
and  transmit  them  unimpaired  to  succeeding  generations,  in  order  to  form 

—50  C  J 


I 


786  journal  or  the  [June  27? 

a  more  perfect  government,  establish  justice,  insure  domestic  tranquility, 
provide  for  the  common  defense,  promote  the  general  welfare  and  secure  the 
blessings  of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish 
this  constitution. 

ARTICLE  I. 

Bill  of  Rights. 

Section  1.  All  men  are  by  nature  free  and  independent  and  have  certain 
inherent  and  inalienable  rights;  among  these  are  life,  liberty  and  the  pursuit 
of  happiness.  To  secure  these  rights  and  the  protection  of  property,  govern¬ 
ments  are  instituted  among  men,  deriving  their  just  powers  from  the  con¬ 
sent  of  the  governed.  A  frequent  recurrence  to  the  fundamental  principles 
of  civil  government  is  necessary  to  preserve  the  blessings  of  liberty. 

Section  2.  No  person  shall  be  deprived  of  life,  liberty  or  property  with¬ 
out  due  process  of  law. 

Section  3.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship  without  discrimination  shall  forever  be  guaranteed.  No  person  shall 
be  denied  any  civil  or  political  right,  privilege  or  capacity  on  account  of  his 
religious  opinions.  The  liberty  of  conscience  hereby  secured  shall  not  be 
construed  to  dispense  with  oaths  or  affirmations,  excuse  acts  of  licentiousness 
or  justify  practices  inconsistent  with  the  peace  or  safety  of  the  state.  No 
person  shall  be  required  to  attend  or  support  any  ministry  or  place  of  wor¬ 
ship  against  his  consent,  nor  shall  any  preference  be  given  by  law  to  any 
religious  denomination  or  mode  of  worship.  The  reading  of  selections  from 
any  version  of  the  Old  and  New  Testaments  in  the  public  schools  without 
comment  shall  never  be  held  to  be  in  conflict  with  this  constitution. 

Section  4.  Every  person  may  freely  speak,  write  or* publish  on  any  sub¬ 
ject  but  is  responsible  for  the  abuse  of  this  liberty.  In  trials  for  libel,  civil 
or  criminal,  the  truth  when  published  with  good  motives  and  for  justifiable 
ends  is  a  sufficient  defense. 

Section  5.  The  right  of  trial  by  jury  shall  remain  inviolate  but  may  be 
waived  except  in  capital  cases.  The  general  assembly  may  provide  that 
women  may  be  eligible  to  serve  as  jurors.  Juries  of  less  than  twelve  in  civil 
cases  may  be  authorized  by  law. 

Section  6.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects  against  unreasonable  searches  and  seizures  shall  not  be 
violated.  No  warrant  shall  issue  without  probable  cause,  supported  by  affi¬ 
davit  particularly  describing  the  place  to  be  searched  and  the  persons  or 
things  to  be  seized. 

Section  7.  Excessive  bail  shall  not  be  required.  The  privilege  of  the 
writ  of  habeas  corpus  shall  not  be  suspended  unless  in  case  of  rebellion 
or  invasion  the  public  safety  may  require  it. 

Section  8.  No  person  shall  be  held  to  answer  for  a  capital  offense  unless 
on  indictment  of  a  grand  jury.  Offenses  which  may  be  punished  by  im¬ 
prisonment  in  the  penitentiary  may  be  prosecuted  by  indictment  or  on  infor¬ 
mation  filed  by  the  attorney  general  or  by  a  state’s  attorney.  No  such  in¬ 
formation  shall  be  filed  by  a  state’s  attorney  except  by  leave  granted,  either 
in  term  time  or  in  vacation,  by  a  judge  of  a  court  of  record  having  jurisdic¬ 
tion  of  the  offense,  after  a  showing  of  probable  cause.  All  other  offenses 
may  be  prosecuted  as  provided  by  law. 

This  section  shall  not  apply  to  cases  of  impeachment,  cases  arising  in 
the  army  and  navy  and  in  the  militia  when  in  actual  service  in  time  of  war 
or  public  danger. 

Section  9.  In  all  criminal  prosecutions  the  accused  shall  have  the  right 
to  apear  and  defend  in  person  and  by  counsel;  to  demand  the  nature  and 
cause  of  the  accusation  and  to  have  a  copy  thereof;  to  meet  the  witnesses 
face  to  face;  to  have  process  to  compel  the  attendance  of  witnesses  in  his 
behalf;  and  to  have  a  speedy  public  trial  by  an  impartial  jury  of  the  county 
or  district  in  which  the  offense  is  alleged  to  have  been  committed. 

Section  10.  No  person  shall  be  compelled  in  any  criminal  case  to  give 
evidence  against  himself  or  be  put  in  jeopardy  twice  for  the  same  offense. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


787 


Section  11.  All  penalties  shall  be  proportioned  to  the  nature  of  the 
offense.  No  conviction  shall  work  corruption  of  blood  or  forfeiture  of  estate. 
No  person  shall  be  transported  out  of  the  state  for  any  offense  committed 
therein. 

Section  12.  No  person  may  be  imprisoned  for  debt  except  upon  refusal 
to  deliver  up  his  estate  for  his  creditors  as  prescribed  by  law  or  in  case  of 
strong  presumption  of  fraud. 

Section  13.  Private  property  shall  not  be  taken  or  damaged  for  public 
use  without  just  compensation  which,  when  not  made  by  the  state,  shall  be 
ascertained  by  a  jury. 

Section  14.  No  ex  post  facto  law  or  law  impairing  the  obligation  of 
contracts  or  making  any  irrevocable  grant  of  special  privilege  or  immuni¬ 
ties  shall  be  passed. 

Section  15.  The  military  shall  be  in  strict  subordination  to  the  civil 
power.  No  soldier  in  time  of  peace  shall  be  quartered  on  a  householder 
without  his  consent  or  in  time  of  war  except  as  provided  by  law. 

Section  16.  The  people  have  the  right  to  assemble  in  a  peaceable  man¬ 
ner  to  consult  for  the  common  good,  to  make  known  their  opinions  to  theiv 
representatives  and  to  apply  for  redress  of  grievances. 

Section  17.  All  elections  shall  be  free  and  equal. 

Section  18.  Every  person  ought  to  find  a  certain  remedy  in  the  law 
for  all  injuries  and  wrongs  which  he  may  receive  in  his  person,  property 
or  reputation.  He  ought  to  obtain  right  and  justice  by  law,  freely,  without 
being  obliged  to  purchase  it,  completely  and  without  denial,  promptly  and 
without  delay. 

Section  19.  Laws  shall  be  applicable  alike  to  all  citizens  without  regard 
to  race  or  color. 


ARTICLE  II. 

Powers  and  Form  of  Government. 

Section  20.  The  legislative,  executive  and  judicial  departments  shall  be 
separate  and  no  one  of  them  shall  exercise  powers  properly  belonging  to 
another. 

oection  21.  The  republican  form  of  government  of  this  state  shall  never 
he  abandoned,  modified  or  impaired. 

ARTICLE  III. 

Legislative  Department. 

Section  22.  The  legislative  power  shall  be  vested  in  a  general  assembly 
eonsisting  of  a  senate  and  a  house  of  representatives. 

Section  23.  The  general  assembly  at  the  regular  sessions  in  nineteen 
hundred  twenty-three,  nineteen  hundred  thirty-three  and  every  twelve  years 
thereafter  shall  apportion  the  state  into  fifty-seven  senatorial  districts  each 
of  which  shall  elect  one  senator  and  into  one  hundred  fifty-three  representa¬ 
tive  districts  each  of  which  shall  elect  one  representative.  The  basis  of 
apportionment  for  both  houses  shall  be  the  number  voting  for  governor  at 
the  last  regular  election  for  that  office  previous  to  the  apportionment.  Every 
district  shall  be  formed  of  compact  and  contiguous  territory  and  shall  be 
bounded  by  county  lines  except  in  counties  comprising  two  or  more  districts 
when  such  districts  may  be  bounded  by  precinct  or  ward  lines. 

The  territory  now  forming  the  county  of  Cook  shall  constitute  nineteen 
senatorial  districts.  The  territory  forming  the  rest  of  the  state  shall  con¬ 
stitute  thirty-eight  senatorial  districts.  At  each  apportionment  the  number 
so  voting  in  the  county  of  Cook  shall  be  divided  by  nineteen  and  the  quotient 
shall  be  the  senatorial  ratio  for  that  territory  and  the  number  so  voting 
in  the  rest  of  the  state  shall  be  divided  by  thirty-eight  and  the  quotient 
shall  be  the  senatorial  ratio  for  that  territory.  The  senatorial  districts  in 


788  journal  op  the  [June  27, 

each  territory  shall  contain  as  nearly  as  practicable  the  ratio  for  that  terri¬ 
tory  but  in  no  case  less  than  three-fourths  of  such  ratio. 

At  each  apportionment  the  number  so  voting  in  the  entire  state  shall  be 
divided  by  one  hundred  fifty-three  and  the  quotient  shall  be  the  representa¬ 
tive  ratio  for  the  state.  Representative  districts  shall  contain  as  nearly  as 
practicable  the  representative  ratio.  No  district  shall  contain  less  than  four- 
fifths  of  the  representative  ratio.  But  a  county  having  less  than  four-fifths 
of  the  ratio  may  be  joined  with  an  adjoining  county  having  less  than  the 
ratio  in  forming  a  district;  counties  having  less  than  four-fifths  of  the  ratio 
may  be  formed  into  districts  of  one  or  more  counties;  such  districts  shall 
be  as  near  the  ratio  as  practicable;  and  when  of  more  than  one  county  such 
counties  shall  be  adjoining.  Counties  comprising  not  less  than  one  ratio 
and  three-fourths  shall  be  divided  into  two  or  more  districts.  Each  district 
in  counties  comprising  more  than  two  districts  shall  contain  at  least  the 
full  ratio. 

Section  24.  If  the  general  assembly  fails  to  make  any  such  apportion¬ 
ment  it  shall  be  the  duty  of  the  secretary  of  state,  the  attorney  general  and 
the  auditor  of  public  accounts  to  meet  at  the  office  of  the  governor  within 
ninety  days  after  the  adjournment  of  the  regular  session  of  the  year  desig¬ 
nated  for  that  purpose  and  make  an  apportionment  as  provided  in  section 
twenty-three  of  this  constitution. 

Section  25.  Senators  shall  be  at  least  twenty-five  and  representatives 
at  least  twenty-one  years  of  age.  No  person  shall  be  a  member  of  the  gen¬ 
eral  assembly  who  holds  any  other  lucrative  public  office  or  employment  (ex¬ 
cept  as  a  militia  officer  or  justice  of  the  peace)  or  is  not  a  citizen  of  the 
United  States  or  has  not  resided  for  five  years  in  the  state  and  for  two  years 
next  before  his  election  in  the  territory  forming  the  district. 

Section  26.  Senators  from  even  numbered  districts  shall  be  elected  in 
nineteen  hundred  twenty-four  and  those  from  odd  numbered  districts  in 
nineteen  hundred  twenty-six  and  every  four  years  thereafter.  Representa¬ 
tives  shall  be  elected  in  nineteen  hundred  twenty-four  and  every  two  years 
thereafter.  Senators  shall  hold  office  for  four  years  and  representatives 
for  two  years  beginning  cn  the  day  of  the  convening  of  the  regular  session 
next  after  the  election.  Vacancies  shall  be  filled  by  special  elections  called 
by  the  governor. 


TIME  OF  MEETING  AND  RULES. 

Section  27.  The  geperal  assembly  shall  convene  at  noon  on  Wednesday 
after  the  first  Monday  in  January  in  odd  numbered  years.  The  secretary  of 
state  shall  preside  over  the  house  of  representatives  until  a  temporary  pre¬ 
siding  officer  is  chosen  who  shall  preside  until  a  speaker  is  chosen.  The 
lieutenant  governor  shall  preside  over  the  senate  and  may  vote  in  case  of 
tie.  The  senate  shall  choose  a  president  to  preside  during  the  aosence  or 
pending  the  impeachment  of  the  lieutenant  governor  or  while  he  acts  as 
governor. 

Section  28.  The  governor  may  convene  the  general  assembly  by  pro¬ 
clamation  on  extraordinary  occasions;  but  it  shall  enter  upon  no  business 
save  that  stated  in  the  proclamation  or  in  one  additional  message  from  the 

governor  during  the  session.  . 

Section  29.  Members  of  the  general  assembly  before  entering  upon  their 
duties  shall  take  and  subscribe  the  following  oath  or  affirmation: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution  of 
the  United  States  and  the  constitution  of  the  State  of  Illinois  and  will  faith¬ 
fully  discharge  the  duties  of  senator  (or  representative)  to  the  best  of  my 
ability;  that  I  have  not,  knowingly  or  intentionally,  paid  or  contributed  any¬ 
thing  or  made  any  promise  in  the  nature  of  a  bribe  diiectly  or  indirectly  to 
influence  any  vote  at  my  election;  that  I  have  not  accepted,  nor  will  I  accept 
or  receive,  directly  or  indirectly,  any  money  or  other  valuable  thing  from 
any  corporation,  association  or  person  for  any  vote  or  influence  I  may  give 
or  withhold  on  any  bill,  resolution  or  appropriation  or  for  any  other  official 

act. 


CONSTITUTIONAL  CONVENTION. 


789 


1922  J  CONSTTTUXIUJN AJj 

This  oath  shall  be  administered  by  a  judge  of  the  supr, sme  ■ «  etoeott 
rolirt  in  the  hall  of  the  house  to  which  the  member  is  elected.  The  secretary 
o?U2ate  shall  record  and  file  the  oath  subscribed  by  each  member.  Any 
member  who  refuses  to  take  this  oath  shall  forfeit  his  office  Any  member 
who  is  convicted  of  swearing  falsely  to  or  of  violating  his  oath  shall  fo 
niQ  nffipp  and  be  disqualified  thereafter  from  holding  any  office  m  this  state. 

Section  30  A  majority  of  the  members  elected  to  each  house  shall  con¬ 
stitute  a  quorum  Each  house  shall  determine  its  rules,  choose  its  ^in¬ 
stitute  a  qu o  u  officers  and  judge  the  election  and  qualifications  of  its 

porary  and  permanent  officers  ana  juage^  t  ^  exceee(Jing  twenty. 

?onr  hours  (unless  the  offense  is  pef  ™ted  in)  any  person  not  a  member 
si.,.  of  disorderly  or  contemptuous  behavior  in  its  presence,  and  - 
vote  of  two-thirds  of  those  elected  and  once  only  for  the  same  offense  may 

3‘SCr  ;»■  s 

ESSSS: 

entered  upon  tte  journal  in  respectful  language  the  reasons  for  their  dissent 
from  or  protest  against  any  act :  or ^esolutmn.  of  adjournment,  the 

s  s ?ssmssrers 

the  next ,^S"lar  BVSS,!oint  resolution  concurred  in  on  roll  call  by  two-thirds 
Section  33.  By  joint  res  general  assembly  may  authorize 

committees' 'to^cmitinue  ^"lourniJnt  sine  die  and  until  the  next 

regular  session  convenes. 

legislative  procedure.  .  . 

Section  34  No  law  shall  be  passed  except  by  bill.  Bills  may  be  origin- 

““bSssm.  “tffsas  as;  “rr  £n<s « •>-  ■» 

ti  Bl)’™?'1,,;;?'  .s'5'~ii‘2  ““  “srl'L.h ... 

length  the  section  or  sections  as  amended.  mem  offlcers  and  employees 
of  tl^ner^as^b^^ 

Appropriations  for  the  offices _o  S  public  accounts  and  superin- 

of  state,  attorney  general,  treasurer .  audit  I  bills  for  each  office. 

tendSecti>onP38'1CBI!llsrmak°ingS  appropriations  ^ppropriathms^are 

S'e  andapprwriatrt^them  respecUvely  their  several  amounts  in  distinct 

itemIecUone3C9tl0No  subject  matte  UbjSst'lSttS'aSSuy 

ST  the  houses  and  has  been  specifically 

considered  and  no  appropriafion  shall  printed  and  placed  on 

^  before  the  report 

is  considered  or  the  bill  is  passed. 


790 


JOURNAL  OF  THE 


[June  21 9 


Section  40.  Every  bill  shall  be  read  by  title  on  three  different  days 
in  each  house  but  the  rules  of  either  house  may  provide  for  the  reading 
of  bills  at  greater  length  on  second  and  third  reading. 

Section  41.  Every  bill  and  all  amendments  thereto,  except  an  amend¬ 
ment  striking  out  an  emergency  clause,  shall  be  printed  before  final  passage 
in  each  house.  No  bill  shall  become  law’  unless  on  final  passage  in  each 
house  a  majority  of  the  members  elected  concur  by  yea  and  nay  vote  which 
shall  be  taken  separately  on  each  bill  and  entered  upon  the  journals.  When 
passed  by  both  houses  a  bill  shall  be  signed  by  the  presiding  officers  thereof 
and  the  facts  of  printing,  placing  on  the  desks  of  members,  signing  and 
presentation  to  the  governor  and  the  date  of  such  presentation  shall  be  en¬ 
tered  upon  the  journals. 

Section  42.  Every  bill  passed  by  the  general  assembly  shall  be  pre¬ 
sented  to  the  gvernor  and  if  signed  by  him  shall  thereupon  become  law. 
At  the  time  of  signing  an  appropriation  bill  the  governor  may  disapprove 
any  section  or  item  thereof  by  appending  to  the  bill  a  statement  of  his 
objections.  If  the  governor  does  not  approve  a  bill  or  if  he  disapproves  an 
appropriations  bill  in  part,  he  shall  return  the  bill  with  his  objections  to 
the  house  wThere  it  originated.  If  thereafter  such  disapproved  bill  or  any 
disapproved  section  or  item  of  an  appropriation  bill  is  again  approved  by 
tw7o-thirds  of  the  members  elected  to  each  house,  the  bill  or  such  section  or 
item  of  an  appropriation  bill  shall  become  lawT  notwithstanding  the  objec¬ 
tions  of  the  governor.  Any  disapproved  bill  or  disapproved  part  of  an  ap¬ 
propriation  bill  shall  be  reconsidered  first  in  the  house  where  the  bill  orig¬ 
inated  and  then  sent  with  the  objections  of  the  governor  to  the  other  house. 
Each  house  before  reconsidering  shall  enter  the  governor’s  objections  at 
large  upon  its  journal. 

Any  bill  which  is  not  returned  by  the  governor  within  ten  days,  Sundays 
excepted,  after  it  is  presented  to  him  shall  thereupon  become  law  as  if  he 
had  signed  it.  If  the  general  assembly  by  adjournment  prevents  its  return 
the  bill  shall  become  law’  at  the  end  of  thirty  days  after  such  adjournment 
unless  within  that  time  the  governor  files  the  bill  and  his  objections  with 
the  secretary  of  state. 

Section  43.  No  appropriation  act  shall  take  effect  until  the  first  day 
of  July  succeeding  its  enactment  and  no  other  act  shall  take  effect  until 
sixty  days  after  the  adjournment  of  the  session  at  which  it  wras  enacted; 
but  in  an  emergency,  the  fact  of  which  shall  be  expressed  in  the  body  of 
the  act,  the  general  assembly  may  direct  otherwise  by  a  vote  of  two-thirds 
of  the  members  elected  to  each  house. 

LEGISLATIVE  LIMITATIONS. 

Section  44.  No  local  or  special  law  shall: 

Grant  divorces; 

Change  the  names  of  persons  or  places; 

Provide  for  opening,  altering  or  working  public  highways; 

Vacate  highways,  public  grounds  or  town  plats; 

Regulate  county  or  tow’n  affairs; 

Create  municipal  corporations  or  amend  their  charters; 

Provide  for  summoning  or  impaneling  juries; 

Provide  for  the  management  of  common  schools; 

Regulate  interest  rates; 

Regulate  elections  or  designate  places  of  voting; 

Regulate  the  sale  or  mortgage  of  real  estate  of  persons  under  dis¬ 
ability; 

Protect  game  or  fish  unless  by  reasonable  classification  of  waters; 

Authorize  ferries  or  toll  bridges; 

Remit  fines,  penalties  or  forfeitures; 

Change  the  law  of  descent; 

Grant  the  right  to  construct  railroad  tracks;  or 

Grant  any  special  or  exclusive  privilege,  immunity  or  franchise. 

No  special  law  shall  be  enacted  if  a  general  law  can  be  made  applicable. 

Section  45.  Lotteries  and  gift  enterprises  are  forbidden. 


1922.] 


CONSTITUTIONAL  convention. 


791 


Section  46.  No  liability  due  the  state  or  any  subdivision  thereof  or 
anv  municipal  corporation  shall  ever  be  released  or  extinguished  by  law. 

Section  47.  No  officer  shall  be  elected  or  appointed  by  the  general 
assembly  or  by  either  house  except  theii  respecti\  e  officers. 

Section  48.  No  special  law  may  grant  or  change  any  corporate  powers 
except  those  of  educational,  charitable,  reformatory  or  penal  corporations, 

under  the  patronage  and  control  of  the  state.  . 

Section  49.  No  law  shall  be  passed  authorizing  any  bank  of  issue  or 
authorizing  the  state  to  conduct,  own  any  interest  in  or  incur  any  liability 

for  any  banking  business.  ,  .  .  . 

Section  50.  No  law  shall  be  passed  authorizing  the  labor  of  any  con¬ 
vict  confined  within  any  penitentiary  or  other  reformatory  institution  to  be 
let  to  any  person,  corporation  or  association. 

IMPEACHMENTS. 

Section  51.  The  governor  and  all  civil  officers  of  the  state  shall  be 
liable  to  impeachment  for  misdemeanor  in  office.  The  house  of  representa¬ 
tives  shall  have  the  sole  power  of  impeachment.  A  majority  of  the  members 
elected  must  concur  therein.  Impeachments  shall  be  tried  by  the  senate, 
each  senator  being  upon  oath  or  affirmation  to  do  justice  according  to  the 
law'  and  the  evidence.  When  the  governor  is  tried  the  chief  justice  shall 
preside  No  person  shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  senators  elected.  Judgment  in  case  of  impeachment  shall  not  extend 
beyond  removal  from  office  and  disqualification  for  any  office  under  the 
state;  but  the  person  impeached  whether  convicted  or  acquitted  shall  be 
liable  to  prosecution  according  to  law. 

PROVISIONS  CONCERNING  MEMBERS. 

Section  52.  The  pay  and  mileage  allowed  each  senator  and  representa¬ 
tive  shall  be  certified  by  the  presiding  officers  of  their  respective  houses  and 
entered  upon  the  journals.  No  senator  or  representative  shall  receive  any 
other  compensation  or  allowance.  No  law  increasing  the  pay  or  other 
allowance  of  members  of  the  general  assembly  shall  take  effect  until  the 
second  regular  session  next  following  its  enactment. 

Section  53.  Except  for  treason,  felony  or  breach  of  the  peace  senators 
and  representatives  shall  be  privileged  from  arrest  wkile  going  to,  attending 
or  returning  from  sessions  of  the  general  assembly.  They  shall  not  be 
questioned  elsewhere  for  any  speech  in  either  house.  % 

Section  54.  No  person  elected  to  the  general  assembly  shall  receive  or 
hold  any  lucrative  civil  appointment  in  this  state  during  the  term  for  which 
he  is  elected. 

Section  55.  No  member  of  the  general  assembly  during,  his  term  or 
within  one  year  thereafter  shall  be  beneficially  interested  diiecti>  oi  in¬ 
directly  in  any  contract,  authorized  by  a  law  enacted  during  his  term,  with 
the  state  or  any  subdivision  thereof  or  any  municipal  corporation. 

MISCELLANEOUS  PROVISIONS. 

Section  56.  The  general  assembly  shall  pass  liberal  homestead  and 

exemption  laws.  .  , 

Section  57.  The  general  assembly  shall  pass  laws  to  encourage  forestiy. 

Section  58.  The  general  assembly  shall  pass  laws  for  the  protection  of 
operative  miners,  providing  for  ventilation  and  the  construction  of  escape¬ 
ment  shafts  or  other  appliances  securing  safety  in  mines  and  shall  prescribe 
such  penalties  and  punishments  for  the  enforcement  thereof  as  it  deems 
proper. 

Section  59.  The  general  assembly  may  provide  for: 

Opening  private  roads  to  communicate  with  public  roads; 

Permitting  owners  and  lessees  of  lands  and  minerals  to  construct  drains, 
ditches  and  levees  on,  across  or  under  the  lands  of  others  for  agricultural, 
sanitary  or  mining  purposes; 

Organizing  drainage  districts  for  flood  control  or  for  sanitary  or  agu- 
cultural  purposes  with  powers  of  eminent  domain  and  special  assessment, 

and 


792 


JOURNAL  OF  THE 


[June  27, 

Making  surveys  and  straightening  and  improving  water  courses  at  the 
expense  in  part  of  drainage  districts  and  in  part  of  the  state  or  any  sub¬ 
division  thereof. 

This  section  shall  not  be  construed  as  a  limitation  of  the  powers  of  the 
general  assembly. 

Section  60.  The  general  assembly  may  authorize  the  state  or  any  sub¬ 
division  thereof  or  any  municipal  corporation  to  take  and  to  hold,  lease 
or  sell  more  land  than  is  needed  for  a  public  improvement  whenever  the 
court  finds  the  excess  is  required  to  protect,  preserve  or  aid  the  improvement 
and  is  reasonable  in  quantity  therefor. 

Section  61.  The  general  assembly  shall  not  grant  the  right  to  occupy 
the  streets  or  public  grounds  of  any  municipal  corporation  without  its 
consent. 

Section  62.  The  general  assembly  in  order  to  promote  the  general 
welfare  may  authorize  cities,  villages  and  incorporated  towns  to  adopt  rea¬ 
sonable  regulations  governing  the  use  and  appearance  of  land  and  the 
location,  appearance,  size  and  use  of  structures  and  to  divide  their  territory 
into  zones  to  each  of  which  special  regulations  may  be  applied.  Distinctions 
may  be  made  between  conditions  existing  at  the  time  of  adoption  of  any  such 
regulations  and  future  conditions.  Such  regulations  shall  not  be  enforced 
as  to  conditions  existing  at  the  time  of  their  adoption  without  payment  of 
just  compensation  unless  such  regulations  might  lawfully  be  so  enforced 
irrespective  of  the  provisions  of  this  section.  Any  statute  in  force  at  the 
time  of  the  adoption  of  this  constitution  (or  any  ordinance  passed  in  con¬ 
formity  with  such  statute)  which  comes  within  the  provisions  of  this  sec¬ 
tion  shall  be  valid. 

Section  63.  The  general  assembly  may  provide  for  lending  money  on 
farm  lands  in  the  state;  but  no  act  providing  therefor  (or  any  amendment 
thereto)  shall  take  effect  until  it  is  approved  by  a  majority  of  those  voting 
on  the  question  at  a  general  election.  Such  loans  shall  be  amortized  in  not 
to  exceed  thirty-three  years  and  shall  be  secured  by  first  mortgages  or  deeds 
of  trust  made  by  those  owning,  occupying  and  cultivating  the  lands  pledged. 
Reasonable  preferences  concerning  loans  may  be  given  to  persons  honorably 
discharged  from  the  armed  forces  of  the  United  States. 

Section  64.  Every  stockholder  of  a  bank  shall  be  liable  (in  addition  to 
any  liability  for  his  stock)  to  the  amount  of  the  par  value  of  the  stock  held 
by  him  for '  liabilities  of  the  bank  accruing  while  he  held  such  stock.  The 
general  assembly  shall  provide  the  manner  in  which  that  obligation  may 
be  enforced.  In  every  election  for  directors  of  a  bank  each  stockholder  may 
cast,  in  person  or  by  proxy,  as  many  votes  as  shall  equal  the  number  of 
directors  to  be  elected  multiplied  by  the  number  of  shares  ow'ned  by  him 
and  may  cumulate  his  votes  for  one  candidate  or  distribute  them  among 
several. 


ARTICLE  IV. 

Executive  Department. 

Section  65.  The  executive  department  shall  consist  of  a  governor, 
lieutenant  governor,  secretary  of  state,  attorney  general,  treasurer,  auditor 
of  public  accounts,  superintendent  of  public  instruction  and  such  other 
officers  as  provided  by  law.  Except  the  lieutenant  governor  they  shall  reside 
at  the  seat  of  government  during  their  terms. 

Section  66.  The  governor  and  lieutenant  governor  each  shall  be  at  least 
thirty-five  years  of  age  and  a  citizen  of  the  state  for  ten  years  next  before 
his  election.  No  elective  officer  of  the  executive  department  shall  hold  an¬ 
other  office  during  the  term  for  which  he  is  elected. 

Section  67.  No  state  treasurer  shall  again  hold  that  office  within  four 
years  after  his  term  expires.  The  treasurer  may  be  required  by  the  governor 
to  give  reasonable  additional  security  and  in  default  of  so  doing  his  office 
shall  be  deemed  vacant. 

Section  68.  The  officers  specifically  named  in  section  sixty-five  of  this 
constitution  except  the  superintendent  of  public  instruction  shall  be  elected 


1922.] 


CONSTITUTIONAL  CONVENTION. 


793 


tWeT?eSltemdo£VofflceOUo?  fvtfy  ^ch  officer  shall  be  four  years  from  the 

SeCOnsdec“y  %b7aTect1onrretut™shforeloeffitc°ers  of  the  executive  depart¬ 
ment  shall  be  sealed  and  transmitted  by  the  returning  officers  to  the  secre- 
tarfo?  state  directed  to  the  speaker  of  the  house  of  representatives.  Before 
jfi  houst  proceeds  to  other  business  and  immediately  after  its  organiza¬ 
tion  the  speaker  shall  open  and  publish  such  returns  in  the  piesence  o  a 
maffiritv  of  each  house  assembled  in  the  hall  of  the  house  of  representatives 
then  declare  elected  to  each  office  the  person  so  shown  to  have  the 
highest  number  of  votes  therefor.  The  general  assembly  by  ballot  m  joint 
session  shall  determine  contested  elections  for  such_  offices  and  in  case  cm  tie 

shall  choose  in  like  manner  one  of  the  persons  tied.  .  depart- 

Section  70.  The  public  records  and  papers  of  the  executive  aepa 

ment  shall  be  kept  at  the  seat  of  government.  h  n  h  id 

Section  71.  The  officers  of  the  executive  department  shall  be  paid 

salaries  and  shall  not  receive  to  their  own  use  any  other  compensation. 

Section  72.  Each  officer  of  the  executive  department  shall  perform  such 

dUU  Section6  7P3reSTheG  supreme  executive  power  shall  be  vested  in  the  gov- 
ernof who  shall  take  care  that  the  laws  are  faithfully  executed. 

Section  74.  At  the  commencement  of  each  regular  session  and  at  t  e 
close  of  his  term  the  governor  shall  inform  the  general  assembly  of  the  con¬ 
dition  of  the  state  and  recommend  such  measures  as  he  deems  expe  *en  . 
At  the  same  time  he  shall  account  to  tne  general  assembly  for  ail  ft  n  ~ 

SUtd Section  75.  The  governor  shall  nominate  and  with  the  consent  by  jea 
and  nay  vote  of  a  majority  of  those  elected  to  the  senate  shall  appoint  all 
officers  whose  appointment  or  election  is  not  otheinvme  pre^nbed  by  law^ 

If  a  vacancy  exists  during  the  recess  of  the  senate  many ^  office  ^  Here 
the  appointing  power  is  vested  in  the  governor  subject  to  tte  consent  of  the 
senate  the  governor  shall  make  a  temporary  appointment  until  the  next 
meeting  of  the  senate  when  he  shall  nominate  some  person  for  the  office. 

No  person  rejected  by  the  senate  shall  be  nominated  again  tor  the  office 
at  the  same  session  save  on  request  of  the  senate  or  be  appomte 

office  during  the  recess  of  the  senate.  .  ~ 

Section  76.  For  incompetency,  neglect  of  duty  or  malfeasance  in  offie 

the  governor  may  remove  any  officer  whom  he  may  appoint.  , 

Section  77.  The  governor  may  grant  reprieves,  commutations  and  P  - 
dons  for  all  offenses  after  conviction  on  such  terms  as  he  thinks  proper,  bu 
the  manner  of  applying  therefor  may  be  regulated  by  law 

Section  78.  The  governor  shall  be  commander-in-chief  of  the  aimed 
forces  of  the  state  except  when  they  are  in  the  service  of  the  United  States 
and  may  call  them  out  to  execute  the  law,  protect  life  or  property ,  supp  e 

inSUs7cCU09rTWenVoffic°en'of  governor  becomes  vacant  the  lieutenant 
governor  shall  become  governor  for  the  residue  of  the  term.  «  the  s°ve^°‘ 
fails  to  qualify,  is  absent  from  the  state  or  is  under  disability,  the  PO^eis, 
duties  and  emoluments  of  the  office  shall  devolve  upon  the  lieutena 
governor  for  the  residue  of  the  term  or  until  the  cause  whicii  lenaers  the 
governor  incapable  of  performing  his  duties  is  removed. 

If  there  is  no  lieutenant  governor  or  if  for  any  of  the  above  causes  he 
incapable  of  performing  the  duties  of  the  office,  its  powers,  duties  and  emolu¬ 
ments  shall  devolve,  first  upon  the  president  of  the  senate  and  after  hi  , 
like  cause  upon  the  speaker  of  the  house  of  representatives;  but  each  of 
them  shall  act  only  until  the  cause  which  renders  the  officer  having  the  prior 
right  incapable  of  performing  the  duties  of  the  office  is  removed  oi  until  the 

vacancy  is  filled  by  election. 


794 


JOURNAL  OF  THE 


[June  27, 


Section  SO.  If  the  office  of  secretary  of  state,  attorney  general,  treasurer, 
auditor  of  public  accounts  or  superintendent  of  public  instruction  becomes 
vacant,  the  governor  shall  fill  the  vacancy  by  appointment  until  a  successor 
is  elected  and  qualified. 

Section  81.  Each  officer  of  the  executive  department  and  the  chief 
officer  of  each  public  institution  of  the  state  shall  render  under  oath  to  the 
governor  a  semiannual  account  of  all  moneys  received  or  disbursed.  At  least 
ten  days  before  the  regular  session  of  the  general  assembly  each  of  these 
officers  shall  report  the  condition  of  his  office  to  the  governor  who  shall 
transmit  the  reports  to  the  general  assembly.  Additional  reports  may  be 
required  of  these  officers  by  the  governor. 

Section  82.  The  state  treasurer  as  a  part  of  each  semiannual  report 
shall  show  the  daily  balances  of  state  funds  in  his  custody  and  in  every 
bank,  safe  or  other  place  of  deposit  or  safe  keeping  where  such  funds  were 
duiing  the  period  covered  by  the  report.  He  shall  accompany  his  report 
v  i th  a  sworn  statement  of  an  executive  officer  in  charge  of  every  such  bank, 
safe  or  other  place  of  deposit.  Such  statement  shall  show  each  payment  of 
interest  or  other  compensation  made  or  to  be  made  by  reason  of  the  deposit 
or  use  or  keeping  of  any  part  of  such  funds. 

Section  83.  There  shall  be  a  great  seal  of  the  State  of  Illinois  to  be 
kept  and  used  by  the  secretary  of  state  as  directed  by  law. 

Section  84.  The  auditor  of  public  accounts  shall  publish  within  sixty 
days  after  the  adjournment  of  each  session  of  the  general  assembly  a  state¬ 
ment  of  the  expenses  of  such  session,  specifying  the  amount  of  each  item 
and  to  whom  and  for  what  paid. 

Section  85.  A  uniform  system  of  accounts  for  all  county  officers  shall 
be  prescribed  and  supervised  by  the  auditor  of  public  accounts  and  their 
accounts  shall  be  audited  by  him. 


ARTICLE  V. 

Judicial  Department. 

Section  86.  The  judicial  power  shall  be  vested  in  a  supreme  court,  in 
appellate,  circuit  and  county  courts  and  in  justices  of  the  peace. 

THE  SUPREME  COURT. 

Section  87.  The  supreme  court  shall  consist  of  seven  justices  one  of 
whom  to  be  chosen  by  themselves  shall  be  chief  justice. 

Section  88.  The  state  shall  be  divided  into  six  districts  for  the  election 
of  justices.  The  first  district  shall  consist  of  the  territory  now  comprising 
the  county  of  Cook  and  two  justices  shall  be  elected  from  that  district.  The 
rest  of  the  state  shall  be  divided  into  five  districts  each  of  which  shall  elect 
one  justice  and  until  otherwise  provided  by  law  the  five  districts  shall  be 
as  follows: 

Second  district,  the  counties  of  Lake,  McHenry,  Boone,  Winnebago, 
Stephenson,  Jo  Daviess,  Carroll,  Ogle,  De  Kalb,  Kane,  Du  Page,  Lee,  White- 
side  and  Rock  Island; 

Third  district,  the  counties  of  Mercer,  Henderson,  Hancock,  Schuyler, 
McDonough,  Warren,  Knox,  Henry,  Bureau,  Stark,  Peoria,  Fulton,  Mason, 
Tazewell,  Woodford,  Marshall,  Putnam,  La  Salle,  Livingston,  Grundy  and 
Kendall; 

Fourth  district,  the  counties  of  Will,  Kankakee,  Iroquois,  Vermilion, 
Edgar,  Clark,  Coles,  Douglas,  Champaign,  Ford,  McLean,  De  Witt,  Platt, 
Moultrie,  Macon,  Logan,  Menard  and  Sangamon; 

Fifth  district,  the  counties  of  Cass,  Brown,  Adams,  Pike,  Scott,  Morgan, 
Greene,  Calhoun,  Jersey,  Macoupin,  Madison,  Bond,  Montgomery,  Christian, 
Shelby,  Fayette,  Marion,  Clay,  Effingham,  Cumberland,  Jasper,  Richland, 
Crawford  and  Lawrence; 

Sixth  district,  the  counties  of  Wabash,  Edwards,  Wayne,  Jefferson, 
Washington,  Clinton,  St.  Clair,  Monroe,  Randolph,  Perry,  Franklin,  Hamil- 


CONSTITUTIONAL  CONVENTION. 


795 


1922.] 

ton,  White,  Gallatin,  Saline,  Williamson,  Jackson,  Union,  Alexander,  Pulaski, 
Johnson,  Massac,  Pope  and  Hardin. 

Section  89.  One  justice  of  the  supreme  court  shall  be  elected  m  the 
first  district  in  nineteen  hundred  twenty-four;  one  justice  in  the  first  district 
in  nineteen  hundred  thirty-three;  one  justice  in  the  second  district  in  nine¬ 
teen  hundred  thirty-one;  one  justice  in  the  third  district  in  nineteen  hundred 
twenty-seven;  one  justice  in  the  fourth  district  in  nineteen  hundred  twenty- 
four-  one  justice  in  the  fifth  district  in  nineteen  hundred  twenty-four;  one 
justice  in  the  sixth  district  in  nineteen  hundred  twenty-four;  and  every  ten 
years  thereafter  respectively.  The  term  of  office  of  each  justice  shall  be  ten 
years  from  the  date  of  his  election. 

Section  90.  Whenever  a  quorum  of  the  supreme  court  certifies  to  the 
governor  that  it  is  unable  to  dispose  of  pending  cases  with  reasonable  dis¬ 
patch  because  of  the  death,  disability  or  resignation  of  any  justice,  the  gov¬ 
ernor  shall  designate  a  judge  of  one  of  the  appellate  courts  to  act  as  a  justice 
of  the  supreme  court  and  receive  the  salary  paid  a  justice  of  that  court  until 
the  vacancy  is  filled  or  the  supreme  court  certifies  to  the  governor  that  the 
disability  is  removed.  Such  designation  shall  not  affect  the  term  of  such 

^Section  91.  The  supreme  court  shall  sit  at  the  seat  of  government.  A 
majority  of  the  justices  shall  constitute  a  quorum  and  the  concurrence  of 

four  shall  be  necessary  for  every  decision. 

Section  92.  The  supreme  court  shall  have  original  jurisdiction  in  cases 
relating  to  the  revenue,  in  quo  warranto,  mandamus,  habeas  corpus,  pro- 
hibition  and  other  cases  involving  questions  of  great  public  importance  and 
appellate  jurisdiction  in  all  cases. 

Section  93.  The  supreme  court  shall  have  exclusive  power  to  presence 
rules  of  pleading,  practice  and  procedure  in  all  courts;  but  rules  not  incon¬ 
sistent  therewith  may  be  prescribed  respectively  by  other  courts  of  record. 
Any  rule  of  court  may  be  set  aside  by  the  general  assembly  by  a  special 

law  limited  to  that  purpose.  ,  , 

Section  94.  The  supreme  court  shall  appoint  its  clerk  and  a  reporter 

of  its  decisions  for  terms  of  six  years  each  subject  to  removal  by  the  court. 

APPELLATE  COURTS. 

Section  95  There  shall  be  an  appellate  court  of  the  first  district,  an 
appellate  court  of  the  second  district,  an  appellate  court  of  the  third  district 
and  an  appellate  court  of  the  fourth  district.  They  shall  be  of  uniform  juris¬ 
diction  and  have  such  districts  and  sit  at  such  places  as  provided  by  law. 

Section  96.  Each  appellate  court  shall  consist  of  three  judges  or  such 
multiple  of  three  as  the  supreme  court  may  from  time  to  time  determine. 
In  appellate  courts  of  more  than  three  judges  the  supreme  court  may  assign 
the  judges  thereof  to  divisions  of  three  judges  each.  Each  division  shall 
select  a  presiding  judge  and  the  presiding  judge  shall  apportion  the  work 
of  the  court  among  the  several  divisions  and  perform  such  other  admmistra- 

tive  acts  as  may  be  necessary.  .  ,  ,  ,  .. 

Section  97.  Judges  of  appellate  courts  shall  be  appointed  by  the  su¬ 
preme"  court.  The  terms  of  judges  of  appellate  courts  shall  be  six  years  and 
shall  expire  in  the  first  district  on  December  thirty-first,  nineteen  hundred 
twenty-eight,  and  in  the  other  districts  on  December  thirty-first,  nineteen 
hundred  twenty-seven,  and  every  six  years  thereafter  respectively,  except 
that  judges  appointed  to  newly  created  divisions  shall  hold  office  only  until 
the  last  day  of  the  pending  term  for  appellate  judges.  On  or  before  January 
first  nineteen  hundred  twenty-nine,  in  the  first  district  and  January  first, 
nineteen  hundred  twenty-eight,  in  the  other  districts  and  every  six  years 
thereafter  judges  of  all  the  appellate  courts  shall  be  appointed.  The  su 
preme  court  for  cause  shown  of  record  may  remove  any  judge  of  an  appellate 

C°UrSection  98.  The  appellate  courts  shall  hold  such  sessions  as  the  supreme 

“sSnsf Each  appellate  court  shall  appoint  its  clerk  for  a  term  of 
six  years  subject  to  removal  by  the  court. 


796 


JOURNAL  OF  THE 


[June  27, 


APPEALS  AND  WRITS  OF  ERROR. 

Section  100.  Appeals  from  and  writs  of  error  to  circuit  and  county 
courts  may  be  prosecuted  in  all  cases  as  follows: 

To  or  from  the  supreme  court  in  all  criminal  cases  where  the  punish¬ 
ment  allowed  by  law  may  be  death  or  imprisonment  in  the  penitentiary  and 
in  cases  where  a  franchise  or  a  freehold  or  the  validity  of  a  statute  is  in¬ 
volved; 

To  or  from  the  appellate  courts  in  such  other  cases  as  may  be  prescribed 
by  general  rule  of  the  supreme  court; 

To  or  from  the  supreme  court  in  all  other  cases. 

Except  as  above  limited  the  supreme  court  by  general  rule  may  prescribe 
the  final  jurisdiction  of  appellate  courts  unless  otherwise  provided  by  law. 

CIRCUIT  COURTS  OUTSIDE  THE  COUNTY  OF  COOK. 

Section  101.  The  state  outside  of  the  county  of  Cook  shall  be  divided 
into  judicial  circuits  formed  of  contiguous  counties  as  compact  in  form  and 
as  nearly  equal  as  circumstances  permit  having  regard  to*  business,  territory 
and  population.  The  number  of  such  circuits  shall  not  exceed  one  for  every 
one  hundred  fifty  thousand  population  except  that  a  circuit  may  be  formed 
of  a  county  or  contiguous  counties  having  a  population  exceeding  one  hun¬ 
dred  thousand  if  the  business  of  the' circuit  court  or  courts  therein  occupies 
nine  months  of  the  year.  Circuits  may  be  changed  by  law  but  only  at  the 
first  session  of  the  general  assembly  after  the  adoption  of  this  constitution 
and  at  any  session  next  preceding  an  election  for  circuit  judges.  No  such 
change  shall  affect  the  term  of  any  judge. 

Section  102.  In  every  circuit  there  shall  be  elected  in  ineteen  hundred 
twenty-seven  and  every  six  years  thereafter  three  judges  of  the  circuit  court 
whose  terms  shall  be  six  years  from  the  date  of  their  election. 

Section  103.  In  every  such  county  there  shall  be  a  circuit  court  with 
original  jurisdiction  of  all  cases  at  law  and  in  equity  and  such  other  juris¬ 
diction  as  provided  by  law. 

Section  104.  The  circuit  courts  shall  always  be  open  for  the  transaction 
of  business  but  terms  of  court  not  less  than  four  annually  may  be  prescribed 
by  law  for  common  law  and  criminal  cases.  In  chancery  cases  and,  unless 
otherwise  provided  by  law  for  any  county  or  counties,  in  common  law  cases, 
the  first  Monday  of  each  month  shall  be  the  return  day  for  process.  The 
circuit  court  shall  sit  at  the  county  seat  of  each  county  and  in  all  cities, 
other  than  county  seats,  of  more  than  fifty  thousand  population.  A  majority 
of  the  judges  of  the  circuit  may  also  provide  for  holding  sessions  of  court 
in  any  city  wholly  or  partly  in  the  county  whenever  such  city  or  part  thereof 
has  not  less  than  five  thousand  population.  All  such  cities,  other  than 
county  seats,  shall  provide  and  maintain  suitable  facilities  for  holding 
court  without  expense  to  the  county  or  state. 

CIRCUIT  COURT  OF  COOK  COUNTY. 

Section  105.  The  territory  now  comprising  the  county  of  Cook.  shall 
constitute  one  circuit  and  have  a  circuit  court  with  original  jurisdiction,  of 
all  cases,  matters  and  proceedings  requiring  judicial  action  and  jurisdiction 
of  appeals  from  justices  of  the  peace. 

Section  106.  There  shall  be  elected  to  the  office  of  judge  of  the  circuit 
court  of  Cook  county  on  the  first  Monday  of  June,  nineteen  hundred  thirty- 
one,  nineteen  judges  as  successors  to  the  judges  whose  terms  expire  in  that 
year;  on  the  first  Monday  of  June,  nineteen  hundred  thirty-three,  nineteen 
judges  as  successors  to  the  judges  whose  terms  expire  in  that  year;  and  on 
the  first  Monday  of  June,  nineteen  hundred  thirty-five,  twenty  judges  as 
successors  to  the  judges  whose  terms  expire  in  that  year.  Thereafter  on  the 
first  Monday  of  June  of  the  year  in  which  the  terms  of  any  judges  of  that 
court  expire  and  every  six  years  thereafter,  successors  to  such  judges  shall 
be  elected.  Provision  may  be  made  by  law  for  the  election  of  an  additional 
judge  for  every  fifty  thousand  population  in  the  county  above  three  million 
four  hundred  thousand.  The  number  of  judges  may  also  be  reduced  by  law. 


CONSTITUTIONAL  CONVENTION. 


797 


1922.]  CO-N  b  i  l  l’  U  1  iUIN  Ail 

Section  107.  Judges  of  the  circuit  court  of  Cook  county  shall  be  elected 
for  terms  of  six  years  from  the  date  of  their  election.  At  fetft,0”S  th 
such  judges  the  ballots  therefor  shall  be  separate  and  distinct  from  the 

ballots  for  non-judicial  officers.  ........  .. 

Section  108.  Tbe  circuit  court  of  Cook  county  shall  sit  in  the  city  of 

Chicago  but  provision  may  be  made  by  law  for  holding  sessions  m  o  ler 
cities  villages  or  incorporated  towns  in  the  county  havng  a -population 
at  least  five  thousand  whenever  suitable  facilities  for  holding  court  are 

provided  and  maintained  without  expense  to  the  county  or  state. 

Section  109  The  supreme  court  shall  establish  a  civil  division  and  a 
criminal  division  of  the  circuit  court  of  Cook  county  The  supreme  court 
from  time  to  time  shall  assign  judges  to  service  m  the  two  dmsmns  and 
shall  designate  a  judge  to  act  as  chief  justice  of  each  division  who  shall 
have  such  administrative  power  and  authority  as  may  be  provided  by  tie 

SUPrSection  110.  The  supreme  court  may  authorize  the  chief  justices  of  the 
civil  and  criminal  divisions  jointly,  by  and  with  the  advice  and  consent  of  a 
majority  of  the  judges  of  the  court,  to  appoint  assistants  who  shall  have 
such  judicial  or  other  powers  and  duties  in  respect  to  the  business  be  ore 

court  as  the  supreme  court  may  prescribe.  The  salaries  of  such  assistants 

shall  be  fixed  by  the  county  board  and  paid  out  of  the  county  treasury. 

Section  111.  Electors  of  the  county  of  Cook  equal  m  number  to  one- 
tenth  of  the  total  vote  cast  for  president  of  the  county  board  at  the  last  pie- 
ceding  election  may  file  in  the  circuit  court  a  petition  to  submit  to  a  vote 
the' proposition  whether  the  county  shall  adopt  the  system  hereinafter  pr<v 
vided  for  the  appointment  of  the  judges  of  the  circuit  court.  Thereupon 
chief  iustice  of  the  civil  division  of  that  court  by  an  order  entered  of  reco  1 
shall  call  a  special  election  for  submitting  such  proposition  within  three 
months  after  such  order  is  entered.  If  the  proposition  is  approved  by  a 
majority  of  those  voting  thereon  it  shall  be  declared  adopted  by  such  c  le 
justice  *Y if  it  is  disapproved  it  shall  not  again  be  submitted  for  six  years. 
Upon  the  adoption  of  the  proposition  the  judges  in  office  shall  continue  m 
office  until  removed  as  hereinafter  provided.  After  the  adoption  of  t  - 
proposition  the  manner  of  choosing  judges  of  that  court  shall  be  as  follows. 
The  governor  shall  fill  any  vacancy  in  that  court  by  appointment  from  a 
List  containing  the  names  of  not  less  than  four  eligible  persons  for  each 
vacancy,  nominated  by  a  majority  of  the  supreme  court,  not  more  than  on 
half  of  such  persons  to  be  affiliated  with  the  same  political  party.  Thereafter 
each  judge  shall  hold  his  office  during  good  behavior  subject  to  remmal  s 
herein  provided.  On  the  first  Monday  in  June  in  the  sixth  year  afte.  tl  e 
election  or  appointment  of  every  judge,  or  in  the  seventh  year  if  the  si  t 
is  an  even  numbered  year,  and  on  the  same  date  m  every  six  .  ] 

after,  the  electors  of  the  county  shall  be  given  an  opportunity  at  an  ele  t 
to  express  their  disapproval  of  such  judge.  If  a  majority  of  those  \otmg 
at  any  such  election  disapproves  of  any  judge  his  office  shall  become  vacant 
at  the  end  of  three  months  after  the  election  and  for  a  period  of  six  years 
thereafter  he  shall  be  ineligible  to  appointment  as  a  Jiulge  of  such l  court .  if 
such  judge  is  not  disapproved,  he  shall  continue  m  office  and  begin  a  new 
term  on  the  day  of  such  election.  All  elections  under  this  section  shall  be 

conducted  in  the  manner  prescribed  by  law.  ..... 

Section  112  After  five  years  from  the  adoption  of  this  constitution  the 
general  assembly  may  divide  the  circuit  court  into,  and  the  jurisdiction 
thereof  between,  two  courts  both  of  which  shall  be  governed  by  the  pro¬ 
visions  of  this  article  so  far  as  applicable.  No  act  providing  therefor  she  1 
become  effective  until  approved  by  a  majority  of  those  voting  on  the  questi 
at  a  general  election  in  the  county  of  Cook. 

COUNTY  COURTS.  • 

Section  113.  In  each  county  except  the  county  of  Cook  there  shall  be 
elected  in  nineteen  hundred  twenty-seven  and  every  six  years  thereafter  a 


798  journal  of  the  [June  27, 

judge  of  the  county  court  except  that  contiguous  counties  may  by  law  be 
made  a  district  in  "which  one  judge  shall  be  elected  for  all  county  courts  in 
the  district.  An  additional  judge  shall  be  elected  for  every  fifty  thousand 
population  or  major  portion  thereof  in  a  county  above  a  population  of  fifty 
thousand.  The  term  of  every  county  judge  shall  be  six  years  from  the  date 
of  his  election. 

Section  114.  In  every  such  county  there  shall  be  a  county  court  which 
shall  have: 

Original  jurisdiction  of  all  matters  of  probate,  guardianship,  conservator- 
ship  and  apprenticeship,  the  administration  and  settlement  of  estates  of  de¬ 
ceased  persons  and  proceedings  for  the  sale  of  real  estate  where  required 
for  the  administration  and  settlement  of  such  matters  or  estates;  proceedings 
relating  to  taxes  and  assessments  and  their  collection;  and  criminal  cases 
below  the  grade  of  felony; 

Concurrent  jurisdiction  with  the  circuit  courts  in  testamentary  trusts, 
construction  of  wills  and  partition  of  real  estate  where  any  such  proceeding 
is  incidental  to  its  original  jurisdiction; 

Exclusive  jurisdiction  of  appeals  from  justices  of  the  peace;  and 

Such  other  jurisdiction  as  provided  by  law. 

Section  115.  County  courts  shall  always  be  open  for  the  transaction 
of  business  and  the  first  Monday  of  each  month  shall  be  return  day  for 
process  or  appeals.  The  court  shall  sit  at  the  county  seat  and  shall  also 
sit  in  cities  in  the  county  of  twenty  thousand  population  or  more  whenever 
suitable  facilities  for  holding  court  are  provided  and  maintained  without 
expense  to  the  county  or  state. 

JUSTICES  OF  THE  PEACE. 

Section  116.  Justices  of  the  peace  and  constables  outside  the  county 
of  Cook  shall  be  elected  or  appointed  in  such  towns  or  districts  and  such 
justices  of  the  peace  shall  have  such  uniform  jurisdiction  as  provided  by 
law'.  They  shall  receive  salaries  from  their  respective  towrns  or  districts  to 
be  fixed  by  the  county  board. 

Section  117.  The  chief  justice  of  the  civil  division  of  the  circuit  court 
of  Cook  county  shall  appoint  a  justice  of  the  peace  and  a  constable  in  each 
town  or  portion  of  towm  in  the  county  outside  the  city  of  Chicago,  each  of 
whom  shall  hold  office  for  two  years  unless  sooner  removed  by  such  chief 
justice  for  cause  showm  of  record.  An  additional  justice  of  the  peace  and 
constable  may  be  appointed  in  every  such  towm  or  portion  of  towm  for  every 
additional  ten  thousand  population  therein  or  major  portion  thereof  above  a 
population  of  ten  thousand.  Such  justices  of  the  peace  shall  have  the  same 
jurisdiction  and  such  constables  shall  perform  the  same  duties  in  the  part 
of  the  county  of  Cook  outside  the  city  of  Chicago  as  like  officials  in  the  rest 
of  the  state.  The  salaries  of  such  justices  of  the  peace  and  constables  shall 
be  fixed  by  the  county  board  and  paid  by  the  county. 

Section  118.  The  offices  of  justice  of  the  peace  and  constable  or  either 
of  them  may  be  abolished  or  restored  in  any  towm  or  district  (or  in  any 
towm  or  portion  of  a  towm  in  the  county  of  Cook  or  in  that  part  of  the 
county  of  Cook  outside  the  city  of  Chicago  as  a  whole)  by  a  majority  vote 
of  the  electors  thereof  voting  on  the  question  as  provided  by  law'. 

state’s  attorneys. 

Section  119.  There  shall  be  a  state’s  attorney  elected  in  each  county  in 
nineteen  hundred  twenty-four  and  every  four  years  thereafter  for  a  term 
of  four  years  from  the  first  Monday  of  December  next  after  his  election.  At 
the  time  of  his  election  or  appointment  he  must  be  licensed  to  practice  law 
in  this  sttae. 

GENERAL  PROVISIONS. 

Section  120.  Law's  relating  to  courts  having  the  same  jurisdiction  and 
to* the  force  and  effect  of  the  process,  judgments  and  decrees  of  such  courts 
severally  shall  be  uniform. 

Section  121.  The  general  assembly,  upon  due  notice  and  opportunity 
for  defense  and  for  cause  entered  upon  the  journal  of  each  house,  may 


CONSTITUTIONAL  CONVENTION. 


799 


1922.]  — — - - 

remove  any  justice  or  judge  upon  concurrence  in  each  house  of  three-fourths 
of  its  elected  members.  All  other  officers  mentioned  in  this  aiticle  shall 
be  removed  from  office  on  conviction  for  misdemeanor  in  office. 

Section  122.  Provision  may  he  made  by  rule  of  the  supreme  court  for 
the  bringing  of  actions  or  proceedings  in  which  a  merely  declaratory  judg¬ 
ment  or  decree  or  order  is  sought  and  for  authorizing  the  couit  to  make  a 
binding  declaration  of  right  whether  or  not  any  consequential  relief  ma> 
be  claimed. 

Section  123.  Process  shall  run:  In  the  name  of  the  People  ot  the 
State  of  Illinois.  Prosecutions  shall  be  carried  on:  In  the  name  and  by  the 
authority  of  the  People  of  the  State  of  Illinois;  and  shall  conclude.  Against 
the  peace  and  dignity  of  the  People  of  the  State  of  Illinois. 

Section  124.  Justices  of  the  supreme  court  and  judges  of  the  appellate 
and  circuit  courts  shall  be  at  least  thirty-five  years  of  age  and  for  at  least 
ten  years  shall  have  been  licensed  to  practice  law  in  this  state  and  for  such 
time  in  this  state  shall  have  been  engaged  in  the  practice  of  law  or  acted 
as  judicial  officers  or  both.  Judges  of  the  county  courts  shall  be  at  least 
thirty  years  of  age  and  for  at  least  five  years  shall  have  been  licensed  and 
had  like  experience. 

Section  125.  Judicial  officers  shall  be  commissioned  by  the  governor 
and  the  appointing  power  to  fill  vacancies  in  elective  judicial  offices  shall 
be  vested  in  him  except  as  otherwise  provided  herein. 

Section  126.  The  officers  of  the  judicial  department  shall  reside  in  the 
district,  circuit  or  county  for  which  they  are  respectively  elected  or  ap¬ 
pointed. 

Section  127.  Justices  of  the  supreme  court  and  judges  of  the  appellate, 
circuit  and  county  courts  shall  be  paid  salaries  by  the  state  which  shall  be 
uniform  for  the  several  courts  except  county  courts.  In  the  county  of  Cook 
judges  of  the  appellate  and  circuit  courts  shall  each  receive  the  salary  paid 
such  judges  respectively  in  the  rest  of  the  state  and  such  further  compensa¬ 
tion  from  the  county  of  Cook  as  provided  by  law. 

Section  128.  No  justice  of  the  supreme  court  or  judge  of  any  court  of 
record  so  long  as  he  holds  such  office  shall  receive  any  compensation,  per¬ 
quisite  or  benefit  other  than  his  salary  or  engage  in  the  practice  of  law. 

Section  129.  Whenever  the  supreme  or  appellate  court  districts  are 
changed  they  shall  be  formed  of  contiguous  counties  as  compact  in  form 
and  as  nearly  equal  in  population  as  may  be.  No  such  change  shall  affect 
the  term  of  any  justice  or  judge. 

Section  130.  The  supreme  court  may  temporarily  assign  judges  of  the 
appellate  courts  from  one  district  to  another  and  judges  of  the  circuit  courts 
from  one  circuit  to  another. 

Section  131.  If  a  judge  of  any  circuit  or  county  court  is  appointed 
judge  of  an  appellate  court,  the  vacancy  so  caused  in  the  circuit  or  county 
court  shall  be  filled  by  appointment  by  the  supreme  court.  The  judge  so 
appointed  to  the  circuit  or  county  court  shall  serve  until  his  successor  is 
elected  and  qualified. 

ARTICLE  VI. 


Suffrage  and  Elections. 

Section  132.  Excepting  only  idiots  and  persons  adjudged  insane  or  con¬ 
victed  of  infamous  crime  and  not  restored  to  civil  rights,  every  citizen  of 
the  United  States  above  the  age  of  twenty-one  years  who  has  resided  in  the 
state  one  year  and  (unless  naturalized  because  of  military  or  naval  service) 
in  the  United  States  five  years,  shall  be  a  qualified  elector.  He  may  vote 
only  in  the  election  district  and  county  in  which  he  has  resided  thirty  and 
ninety  days  respectively  next  before  such  election. 

Section  133.  No  person  shall  be  deemed  to  have  lost  his  voting  resi¬ 
dence  because  of  absence  in  the  service  of  the  state  or  the  United  States 
or  to  have  gained  a  voting  residence  because  he  has  been  stationed  as  a 
soldier,  seaman  or  marine  in  this  state. 

Section  134.  Votes  shall  be  by  ballot. 


800 


JOURNAL  OF  THE 


[June  27, 


Section  135.  Except  for  treason,  felony  or  breach  of  the  peace  electors 
«hall  be  privileged  from  arrest  during  attendance  at  and  in  going  to  and 
returning  from  elections.  Militia  duty  shall  not  be  required  of  electors  on 
election  days  except  in  time  of  war  or  public  danger.  . 

Section  136.  In  that  part  of  the  state  outside  the  county  of  Cook  no 
final  election  of  officers  shall  be  held  save  on  the  first  Tuesday  after  the  first 
Monday  of  November  which  shall  be  a  holiday;  but  after  the  first  day  o 
Januarv,  nineteen  hundred  twenty-seven,  the  general  assembly  by  a  vote  of 
Uwo-thirds  of  the  members  elected  to  each  house  may  provide  for  the  election 

of  officers  at  other  times.  11Q 

Section  137.  Every  vacancy  in  an  elective  office  which  would  continue 

a  year  or  more  beyond  the  first  regular  election  occurring  after  ninety  days 
shall  be  filled  at  such  election;  but  such  vacancy  prior  to  the  qualification 
of  the  person  elected  and  all  other  vacancies  may  be  filled  by  appointment. 

Section  138.  This  article  shall  apply  to  all  elections  under  this  consti¬ 
tution  or  other  law. 

ARTICLE  VII. 


Revenue  and  Finance. 


revenue. 

Section  139.  The  power  of  taxation  shall  never  be  surrendered,  sus¬ 
pended  or  contracted  awray.  All  taxes  shall  be  levied  and  collected  only 
under  general  law  and  for  public  purposes.  Taxes  levied  for  state  purposes 
shall  never  be  released,  discharged  or  commuted.  The  specification  herein 
of  objects  and  subjects  of  taxation  shall  not  deprive  the  general  assembly 
of  the  power  to  require  other  objects  or  subjects  to  be  taxed  in  such  manner 
as  may  be  consistent  with  the  principles  of  taxation  fixed  in  this  constitu- 

1011  Section  140.  Taxes  may  be  imposed  on  privileges,  franchises  and  occu¬ 


pations,  uniform  as  to  class.  . 

Section  141.  The  general  assembly  shall  provide  for  the  levying  of  taxes 

upon  property  by  valuation  so  that  every  person  or  corporation  shall  pay  a 
tax  in  proportion  to  the  value  of  his  or  its  property,  such  value  to  be  ascer¬ 
tained  by  some  person  or  persons  to  be  elected  or  appointed  in  such  manner 
as  the  general  assembly  shall  direct  and  not  otherwise. 

Section  142.  In  lieu  of  any  tax  on  intangible  property  or  any  kind  or 
class  thereof,  by  valuation,  the  general  assembly  may  provide  a  unnorm  and 

substantial  tax  on  the  income  derived  therefrom.  . 

Section  143.  A  general  income  tax  may  be  imposed  upon  all  net  in¬ 
comes.  If  such  income  tax  is  graduated  and  progressive  the  highest  rate 

shall  not  exceed  three  times  the  lowest  rate.  .  . 

Section  144.  Taxes  on  incomes  shall  be  levied  and  collected  onl>  t ne 
state.  The  revenue  raised  under  the  general  income  tax  shall  be  apportion^ 
to  the  state  and  to  the  taxing  bodies  as  the  general  assembly  may  prescribe. 
Of  the  revenue  raised  tinder  any  income  tax  imposed  under  section  one 
hundred  forty-two  of  this  constitution  there  shall  be  used  for  state  purposes 
the  same  percentage  as  is  used  from  the  total  revenue  from  taxes  by  valu¬ 
ation  and  the  residue  shall  be  returned  to  the  respective  counties  from  which 
it  was  collected  to  be  distributed  among  the  taxing  bodies  thereof  as  pro- 

Kl<  Sectkm  Exemptions  and  deductions  may  be  allowed  as  follows  and 

n0t  First  Wth!:  following  classes  of  property  and  the  income  therefrom  may 
be  relieved  by  general  law  from  taxation;  (1)  public  property;  (2)  house¬ 
hold  furniture  used  as  such  up  to  five  hundred  dollars  in  value,  (3)  pa 
sonLes  owned  and  used  as  such;  (4)  property  used  exclusively  for  a 
agricultural  or  horticultural  societies  not  organized  for  pecuniary  profit ,(b) 
incorporated  societies  of  war  veterans,  <c)  cemeteries  not  held  for  private 
profit  and  (d)  school,  charitable  or  religious  puiposes. 


1922,] 


CONSTITUTIONAL  CONVENTION. 


801 


Second,  if  a  general  income  tax  * ‘“Jgf ^Ir^Shly’ mayTovMe 

hundred  fortydhree  of  tos  consUtutmn  ^XTe  and  'mplements  of  agri- 

for;  (1)  an  exemption  of  all  ^us®Loia  iurniiu  an  exemption 

culture  or  labor  used  as  such  with  f  t  t0  exceed  one  thousand 

from  income  derived  from  personal  hundred  dollars  for  each  aependent 
dollars  to  the  head  of  a  family  plus  exceed  five  hundred  dollars 

child  under  the  age  of  sixteen  years  and  for  taxes  paid 

to  any  other  person; ;  (8)  snch Ructions .u ^co  »  Ior  income  tax  paid 

£  ruPeoftya  Y^hy  hvCaLa«onaoredforCtamxes  paid  under  section  one  hundred 

f0rtySe0cUohnhC406nStArea0sndevoted.to  forests  or  forest  culture  may  be  classi- 

fied  for  or  exempted  from  taxation.  liability  whatever  of  the  Illinois 

Section  147  No  contract,  The  state  treasury,  nor 

Central  Railroad  Company  to  P  .  Y  property  of,  that  company,  in 

any  lien  of  the  state  upon,  or  g  cbarter  of  that  company,  approved 
accordance  with  the  provisions  hundred  fifty-one,  shall  ever 

February  tenth,  in  the  year  one  thousand  fiundre^c  ^  manner  di_ 

be  released,  suspended,  modified,  alt  »  authority  and  all  moneys 

minished  or  impaired  by  p ayment  of  the  state  debt  shall  be 

d^Vopriate”andatsetTpPartyfor  the  payment  rftte  ordinary  expenses  of  the 

^^Sectiori1!^^  The  ^®^1®^l°^s^1^^^>)^^.^r^igtri^sC<jcdnt^eor,sever£Ul3^ 
^i^«=^ents  by  special  assessment,  hy  special 

taxation  of  contiguous  property  or  otherwise  vested  of  title  for  default 

Section  149.  No  owner  of  Assessments  except  upon  sale  hy 

in  payment  of  Seneral  orUBforfeiture  to  the  state  and  in  either  case  only 
the  county  treasurer  or  by  forfeiture  t  provided  by  law. 

after  judgment  of  a  court  of  re f^Cwed to  redeem  from  such  sale  or  for- 
Not  less  than  two  years  shall  be  a'10  4 A  that  the  holder  of  a  tax  title 
feiture.  The  genera  an emMy ^y  Provu le^that  q{  ^  tQ  fte  land 

based  on  any  tax  sale  hereafter  made  ^  th0  sale  was  made  and  pro- 
«ed  T/e^uity  to^oreclose  such  lien  with  additional  penalties  as  provided 

”y  'slction  150.  The  general  ^“article )al\nn°munici?pSal  ‘corporaTions'  for 
come  taxes  as  authorized  m  t  t  ^  &te  authorities  thereof  with 

corporate  purposes  but  m  corporate  purposes  and  shall 

authority  to  assess  and  collect  taxes  f  municipai  corpora- 

require  that  all  the  taxable  property  ^f^nb^ecoXacted  under  authority  of 
tions  shall  be  taxed  for  the  Taxeg  imposed  by 

!aw.  Private  property  shall  not  be  UaMe  for  and  property, 

municipal  corporations  shall  be  umtorm  as  to  i 

finance.  .  , 

Section  151.  All  taxes  levied  for  state  purposes  shall  be  paid  into 

state  treasury.  mnl1.v  belonging  to  or  for  the  use  of  the 

Section  152.  No  payment  of  money  bel< W  _ S  executive  department 
state  shall  be  held  to  be  made  to  any  officer  o  the 

until  evidenced  by  the  receipt  of  the  stat te  trei asu  ■  a  roprjations  for  the 

Section  153.  Each  general  assembly  shall  maKe  app^i  ^  ^  flay  q£ 

expenses  of  the  government  tor  ^es" °  After  such  appropriations  have  been 
made^he^aggregaVe  ^  ^  “ 

tW0^tp^hHaUr for  tfs’  c‘h  tf  periot.  end  with  the 

period  except  that  obligations  incurred  dining  the  pei 
within  three  months  thereafter. 


— iil  C  J 


802 


JOURNAL  OF  THE 


[June  27, 


Section  154.  No  money  shall  be  drawn  from  the  state  treasurv  excenf 
under  an  appropriation  made  by  law  and  on  presentation  of  a  warrant  issued 
by  the  auditor  of  public  accounts.  S  ecL 

aofir>eCti0n  155'  The  State  may  contract  debts  (a)  for  meeting  casual 
deficits  in  revenue  up  to  one  million  dollars,  (b)  for  defense  in  war  sup¬ 
pressing  insurrection  or  repelling  invasion,  (c)  for  the  deep  waterwky  as 
provided  m  this  constitution. 

Money  so  borrowed  shall  be  applied  only  to  the  purpose  for  which  it  is 
obtained  or  for  the  payment  of  the  debts  thus  created. 

No  other  debt  shall  be  contracted  by  the  state  unless  the  law  authorizing 
it  is  approved  by  a  majority  of  those  voting  for  representatives  at  a  general 
election.  The  general  assembly  shall  provide  for  the  publication  of  anv 
sucii  lav  tor  at  least  three  months  before  the  election.  Provision  shall  be 
made  when  the  debt  is  contracted  for  the  annual  payment  of  interest  either 
a  tax  to  be  levied  tor  the  purpose  or  by  setting  aside  other  revenues.  Anv 
lav  providing  for  such  tax  shall  be  submitted  in  like  manner  with  the  law 
authorizing  the  debt  and  if  approved  shall  be  irrepealable 

Section  156.  No  county,  town  or  school  district  shall  become  indebted 
m  t  ie  aggiegate  including  its  existing  debt  to  an  amount  exceeding  five  per 
i  mit  and  no  municipal  corporation  tc  an  amount  exceeding  six  per  cent  of 
the  value  of  the  taxable  property  therein  as  ascertained  by  the  last  assess¬ 
ment  for  state  and  county  taxes  previous  to  incurring  the  debt  The  cor¬ 
porate  body  incurring  any  such  debt  before  or  at  the  time  of  doing  so  shall 
Pro' lde  for  the  collection  of  a  direct  annual  tax  sufficient  to  pay  the  interest 
on  the  debt  and  to  pay  the  principal  thereof  in  substantially  ‘equal  annual 
installments  within  twenty  years.  But  provision  may  be  made  before  or  at 
the  time  of  incurring  the  debt  for  the  payment  of  any  part  of  it  before 
maturity.  This  section  shall  not  apply  to  or  within  the  county  of  Cook. 

Section  157.  Except  as  otherwise  provided  in  this  constitution’  the 
money  or  credit  of  the  state  shall  never  be  used  in  aid  of  anv  public  or 
private  corporation,  association  or  person. 

Section  158.  Claims  against  the  state  under  agreements  made  without 
express  authority  cf  law  shall  be  void  except  claims  for  expense  incurred  for 
defense  in  war,  suppressing  insurrection  or  repelling  invasion. 

Section  159.  Except  in  payment  of  temporary  rent,  of  temporary  hos¬ 
pital  service,  of  purchase  price  or  (in  the  event  and  only  in  the  event  that 
public  institutions  or  agencies  are  not  adequate  or  available)  of  not  to 
exceed  the  cost  of  temporarily  maintaining  and  supporting  during  their 
terms  of  commitment,  neglected,  defective,  dependent  or  delinquent  persons 
committed  by  courts  of  competent  jurisdiction  to  institutions  or  agencies 
under  public  inspection,  no  public  money  shall.be  paid  or  other  public 

property  be  gi\en  or  applied  for  any  sectarian  purpose  or  to  anv  institution 
controlled  by  a  church  or  s£c-t. 


ARTICLE  VIII. 

Local  Governments, 
counties. 

Section  160.  In  each  county  the  following  county  officers  shall  be 
elected,  a  sheiiff,  a  county  clerk,  a  treasurer  who  shall  be  ex  officio  collector 
o^  taxes  until  otherwise  provided  by  law,  a  coroner,  a  clerk  of  the  circuit 

com  t  and,  in  counties  of  sixty  thousand  population  or  more,  a  recorder  of 
deeds. 

Section  161.  In  each  county  there  may  be  a  county  superintendent  of 
schools  v  hose  qualifications,  time  and  manner  of  election  or  appointment, 
terrn^  of  office,  powers,  duties  and  compensation  shall  be  prescribed  by  law. 

Section  162.  The  sheriff,  the  county  clerk  and  the  treasurer  shall  be 
elected  in  nineteen  hundred  twenty-six  and  every  four  years  thereafter  and 
the  coioner,  the  clerk  of  the  circuit  court  and  the  recorder  of  deeds  in  nine¬ 
teen  hundred  twenty-four  and  every  four  years  thereafter,  each  for  a  term 


1922.] 


CONSTITUTIONAL  CONVENTION. 


803 


of  four  years.  In  counties  not  under  township  organization  a  commissionei 
shall  be  elected  in  nineteen  hundred  twenty-three  and  each  year  thereafter 
for  a  term  of  three  years.  The  term  of  every  elective  county  officer  shall 
begin  on  the  first  Monday  of  December  next  after  his  election. 

Section  163.  The  board  of  supervisors  in  counties  under  township  or¬ 
ganization,  the  county  commissioners  of  the  county  of  Cook  and  the  county 
commissioners  in  counties  not  under  township  organization  shall  constitute 

the  county  board  of  their  respective  counties. 

Section  164.  No  elected  county  treasurer  shall  succeed  himself. 

Section  165.  Fees  of  county  and  town  officers,  as  provided  by  law,  shall 
be  uniform  as  to  classes  of  counties  or  towns  and  for  this  purpose  theie 
shall  not  be  more  than  three  classes  of  counties. 

Section  166.  The  organization  and  government  of  and  offices  m  counties 
as  provided  in  this  constitution  may  be  changed  by  law  uniform  as  to  classes 
of  counties;  but  any  such  law  shall  become  effective  in  a  county  only  after 
approval  by  a  majority  of*  those  voting  on  the  question. 

Section  167.  No  county  may  abandon  or  adopt  any  form  of  organization 
unless  a  majority  of  those  voting  on  the  question  shall  approve  the  change. 

Section  168.  No  county  shall  be  changed  in  area  unless  the  change  is 
approved  by  a  majority  of  those  voting  on  the  question  in  each  county  and 
each  part  affected.  Any  territory  taken  from  a  county  shall  be  liable  tor  its 

proportion  of  the  debt  of  such  county.  » 

Section  169.  No  county  seat  shall  be  removed  unless  three-fourths  of 
those  voting  on  the  question  shall  approve  the  removal  to  the  place  desig¬ 
nated  except  that  a  majority  only  shall  be  required  to  remove  a  county  seat 
nearer  to  the  center  of  the  county.  No  person  shall  vote  on  the  question 
unless  he  has  resided  in  the  election  precinct  ninety  days  and  in  the  county 
six  months  next  preceding  the  election.  Such  question  shall  not  be  sub¬ 
mitted  oftener  than  once  in  ten  years. 


COUNTIES  OTHER  THAN  THE  COUNTY  OF  COOK. 

Section  170.  There  shall  be  an  assessor  in  each  county  to  be  selected 
as  provided  by  law.  The  county  clerk  shall  be  ex  officio  clerk  of  the  county 
court.  In  counties  of  less  than  sixty  thousand  population  the  clerk  of  the 
circuit  court  shall  be  ex  officio  recorder  of  deeds.  In  counties  of  fifty  thou¬ 
sand  population  or  more  an  auditor  may  be  selected  as  provided  by  law. 

Section  171  The  compensation  of  all  county  officers  (except  the  county 
superintendent  of  schools)  and  the  number  and  compensation  of  their  em¬ 
ployees  shall  be  fixed  by  the  county  board  and  paid  by  the  county  treasurei 

on  the  order  of  the  county  board.  . 

Section  172.  No  county  shall  be  so  created  or  reduced  as  to  contain  less 

than  four  hundred  square  miles  nor  shall  any  part  of  a  county  within  ten 

miles  of  its  seat  be  taken  for  a  new  county. 

Section  173.  Unless  authorized  by  a  majority  of  those  voting  at  an 
election  no  county  shall  levy  taxes  in  excess  of  three-fourths  of  one  per 
cent  of  valuation.  But  in  case  a  county  is  made  the  unit  for  the  levy  and 
collection  of  taxes  for  road  and  bridge  purposes  an  additional  amount  not 
exceeding  three-fourths  of  one  per  cent  of  valuation  for  such  purposes  may 
be  levied  which  may  be  increased  when  authorized  by  a  majority  ot  those 


voting  at  an  election.  ,  ^  f 

This  and  the  three  preceding  sections  shall  not  apply  to  the  county  ot 


Cook. 

COUNTY  OF  COOK. 

Section  174.  The  county  business  of  the  county  of  Cook  shall  be  trans¬ 
acted  by  a  board  of  fifteen  commissioners  ten  of  whom  shall  be  elected  from 
the  city  of  Chicago  and  five  from  the  rest  of  the  county. 

Section  175.  Each  county  officer  in  the  county  of  Cook  shall  receive  as 
his  sole  compensation  a  salary  to  be  fixed  by  law.  Such  salary  shall  be  less 
than  the  compensation  of  a  judge  of  the  circuit  court  of  the  county.  T  e 
circuit  court  by  rule  entered  of  record  shall  determine  the  number  and  the 
county  board  shall  determine  the  compensation  of  deputies  and  assistants  of 


804 


JOURNAL  OF  THE 


[June  27? 


clerTSheriff’  treasUrer’  coroner>  recorder  of  deeds  and  clerk  of  the  circuit 

.  Section  176.  .  The  general  assembly  may  consolidate  with  the  city  of 
Chicago  the  portion  of  the  county  of  Cook  lying  within  the  city.  Any  law 
providing  therefor  shall  adjust  the  powers,  offices,  rights  and  liabilities  of 
the  county  (both  in  the  portion  within  the  city  and  in  the  portion  outside 
the  city)  and  may.  either  devolve  them  in  whole  or  in  part  upon  the  city 
or  provide  otherwise  for  their  exercise  and  assumption.  Whenever  the 
entire  powers  of  any  office  are  taken  away  the  office  shall  be  abolished.  No 
such  law  shall  take  effect  until  approved  both  in  the  city  of  Chicago  and  in 
the  portion  of  the  county  lying  outside  the  city  by  a  majority  of  those  voting 
on  the  question.  & 

Section  177.  Unless  authorized  by  a  majority  of  those  voting  on  the 
question  at  an  election  the  county  of  Cook  shall  never  levy  taxes  in  excess 
of  three-fourths  of  one  per  cent  of  valuation  except  such  additional  taxes  as 
may  have  been  authorized  prior  to  the  adoption  of  this  constitution. 

CITY  OF  CHICAGO. 

Section  178.  Except  as  expressly  prohibited  by  law  the  city  of  Chicago 
is  hereby  declared  to  possess  for  all  municipal  purposes  full  and  complete 
power  of  local  self-government  and  corporate  action.  This  grant  of  power 
shall  be  liberally  construed  and  no  power  of  local  self-government  or  cor¬ 
porate  action  shall  be  denied  the  city  by  reason  of  not  being  specified  herein. 
The  city  however  may  impose  taxes  and  borrow  money  only  as  authorized 
by  law. 

Until  otherwise  provided  by  the  city  charter  the  powers  heretofore 
granted  the  city  shall  be  preserved  and  exercised  in  accordance  with  law 
and  the  additional  powers  granted  by  this  section  shall  be  exercised  by  or 
in  accordance  with  city  ordinances. 

Section  179.  The  legislative  authority  of  the  city  of  Chicago  from  time 
to  time  and  after  approval  of  the  proposition  at  an  election  in  such  manner 
as  it  may  provide,  may  call  an  elective  convention  to  frame  a  new  city 
charter  or  to  revise  or  amend  any  existing  charter.  The  proposals  of  any 
such  convention  shall  be  substituted  to  the  voters  for  adoption  in  the 
manner  provided  by  it.  Subsequent  amendments  may  also  be  proposed  and 
submitted  to  the  voters  in  such  manner  as  the  charter  may  provide.  State 
election  laws  and  the  powers  and  duties  existing  thereunder  shall  be  avail¬ 
able  for  the  purposes  of  this  section. 

The  charter  so  framed,  revised  or  amended  and  ordinances  passed  there¬ 
under  shall  prevail  over  state  laws  so  far  as  the  organization  of  the  city 
government,  the  distribution  of  powers  among  its  official  agencies  and  the 
tenure  and  compensation  of  its  officers  and  employees  are  concerned. 

Rates  of  compensation  as  well  as  conditions  of  appointment  and  pro¬ 
motion  in  the  classified  civil  service  of  the  city  shall  be  determined  accord¬ 
ing  to  a  general  plan  which  shall  recognize  merit  and  fitness  as  controlling 
principles. 

A  certified  copy  of  such  charter  or  any  amendment  thereto  shall  be  filed 
with  the  secretary  of  state  w'ithin  thirty  days  after  its  adoption. 

Section  180.  The  city  olf  Chicago  shall  have  power  to  take  or  damage 
private  property  (including  public  utilities  and  the  privileges  or  licenses 
held  in  connection  therewith)  for  public  use  in  accordance  with  law. 

Section  181.  The  city  of  Chicago,  subject  to  regulation  by  general  law 
may  own,  require,  construct,  operate,  sell,  pledge,  lease  or  let  public  utilities 
or  buy  or  sell  the  service  thereof. 

Section  182.  The  general  assembly  may  enact  local  or  special  Haws 
relating  to  the  municipal  affairs  of  the  city  of  Chicago  but  such  laws  shall 
not  take  effect  until  the  city  consents.  A  law  which  at  the  time  of  its 
enactment  is  applicable  to  the  municipal  affairs  of  no  other  city  than  the 
city  of  Chicago  shall  be  deemed  a  local  or  special  law. 

Section  183.  The  consent  of  the  city  of  Chicago  whenever  required 
by  this  article  shall  be  expressed  by  ordinance  but  the  general  assembly,  the 
city  charter  or  the  ordinance  may  prescribe  in  addition  approval  of’  the 
ordinance  by  the  voters. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


805 


Section  184.  The  consent  of  the  city  of  Chicago  shall  be  required  for 
the  creation,  enlargement  or  consolidation  of  any  municipal  corporation 
(except  a  county)  exercising  taxing  powers  within  the  city  or  for  any 
increase  of  the  taxing  powers  of  any  such  municipal  corporation  hereafter 
created  or  enlarged.  No  ordinance  expressing  consent  to  the  creation, 
enlargement  or  consolidation  of  any  municipal  corporation  shall  take  effect 
until  ninety  days  after  its  enactment  and  if  within  that  time  either  five 
thousand  voters  or  one-third  of  the  legislative  authority  of  the  city  petition 
that  body  to  submit  the  question  at  an  election  the  ordinance  shall  not  take 
effect  until  approved  by  a  majority  of  those  voting  on  the  question. 

Section  185.  The  charter  framed,  revised  or  amended  under  section 
one  hundred  seventy-nine  of  this  constitution  may  provide: 

(a)  For  the  consolidation  with  the  city  of  Chicago  of  any  or  all  local 
governments  or  other  authorities  (in  whole  or  in  part)  now  or  hereafter 
exercising  powers  confined  to  the  city  limits;  and  also  of  that  part  of  any 
town  (partly  within  and  partly  without  the  city)  now  or  hereafter  lying 
w’ithin  the  city  limits.  After  consolidation  with  the  city  of  any  town  (or 
part  thereof)  the  powers  of  all  officers  therein  relating  to  collection  of  taxes 
shall  be  exercised  by  the  county  treasurer  until  otherwise  provided  by  law. 

(b)  For  the  consolidation  with  the  city  of  Chicago  of  the  Sanitary. 
District  of  Chicago  and  the  Forest  Preserve  District  of  Cook  County,  or 
either  of  them.  No  consolidation  of  either  of  such  districts  shall  take  effect 
until  approved  at  an  election  by  a  majority  of  those  voting  on  the  question 
both  in  the  district  and  in  the  city.  The  question  of  consolidation  of  either 
district  shall  be  submitted  to  the  voters  thereof  as  a  separate  proposition 
and  the  election  officials  responsible  for  conducting  elections  therein  shall 
submit  the  question  in  the  manner  provided  by  the  charter.  The  city  shall 
exercise  no  taxing  power  outside  its  limits  by  virtue  of  consolidating  either 
district.  Upon  consolidation  of  the  Sanitary  District  of  Chicago  with  the 
city  of  Chicago  and  until  otherwise  provided  by  law,  the  city  shall  furnish 
without  charge  sewage  disposal  service  beyond  its  limits  in  the  district, 
to  the  extent  then  furnished  by  the  district;  and  the  city  may  be  required 
by  law  to  furnish  at  cost  additional  or  increased  sewage  disposal  service  in 
such  territory.  All  duties  or  obligations  imposed  by  law'  at  the  time  of  such 
consolidation  for  the  benefit  of  the  inhabitants  of  such  territory  or  any 
part  thereof  upon  the  city  or  the  Sanitary  District  of  Chicago  with  respect 
to  other  forms  of  service  shall  be  assumed  by  the  city  unless  it  is  relieved 
therefrom  by  the  general  assembly. 

Any  authority  consolidated  with  the  city  of  Chicago  under  this  section 
shall  be  abolished  and  the  city  shall  succeed  to  all  the  powers,  property  and 
liabilities  thereof.  If  any  consolidation  proposed  under  this  section  fails 
to  be  approved  at  any  election,  the  question  may  be  resubmitted  from  time 
to  time  in  the  manner  provided  by  the  charter. 

Section  186.  After  any  consolidation  authorized  by  the  foregoing  sec¬ 
tion  has  taken  effect  and  until  a  new  tax  rate  is  fixed  by  law,  the  city  of 
Chicago  may  levy  an  additional  annual  tax  equal  to  the  amount  of  taxes 
caused  to  be  extended  by  the  authority  so  consolidated  upon  the  collector’s 
warrants  in  the  year  last  preceding  consolidation. 

Section  187.  The  rights  of  the  city  of  Chicago  under  the  Act  for  the 
Consolidation  of  Local  Governments,  approved  June  twenty-ninth,  nineteen 
hundred  fifteen  or  any  amendment  thereof  are  not  affected  by  this  article. 

Section  188.  The  general  assembly  may  provide  other  methods  for  con¬ 
solidating  local  authorities  with  the  city  of  Chicago  subject  to  its  consent. 

Section  189.  After  any  consolidation  authorized  by  this  article  has 
taken  effect  the  city  of  Chicago  may  become  indebted  in  the  aggregate  up 
to  seven  per  cent  of  the  full  value  of  the  taxable  real  property  therein  as 
ascertained  by  the  by  the  last  assessment  for  state  and  county  taxes  pre¬ 
vious  to  incurring  the  debt.  In  computing  such  aggregate  amount  there 
shall  be  included  the  existing  indebtedness  of  the  city  and  of  all  municipal 
corporations  within  the  city  and  also  the  city’s  proportionate  share  (de¬ 
termined  according  to  valuation  of  taxable  real  property)  of  the  existing 


806 


JOURNAL  OF  THE 


[June  27, 


indebtedness  of  all  municipal  corporations  partly  within  and  partly  without 
the  city. 

Section  190.  Neither  the  county  of  Cook  nor  any  city,  town,  school 
distiict  oi  other  municipal  corporation  in  the  county  shall  become  indebted 
in  the  aggiegate  including  its  existing  debt  to  an  amount  exceeding  seven 
per  cent  of  the  value  of  the  taxable  real  property  therein  as  ascertained  by 
the  last  assessment  for  state  and  county  taxes  previous  to  incurring  the 
debt.  The  corporate  body  incurring  any  such  debt,  before  or  at  the  time  of 
so  doing,  shall  provide  for  the  collection  of  a  direct  annual  tax  sufficient 
to  pay  the  interest  on  the  debt  and  to  pay  the  principal  thereof  in  equal 
annual  installments  Within  twenty  years.  But  provision  may  be  made 

at  the  time  of  incurring  the  debt  for  the  payment  of  any  part  of  it  before 
maturity. 

Section  191.  The  city  of  Chicago  shall  incur  no  new  bonded  indebted¬ 
ness  (except  for  refunding  purposes)  without  the  approval  at  an  election 
of  a  majority  of  those  voting  on  the  question. 

,u.i.j!iU0U  -192'  Tl1.®  ci,l\  of  Chicago  may  issue  bonds  (in  addition  to  any 

debt  otherwise  permitted  by  this  constitution)  for  the  purpose  of  acquiring 
leasing,  constructing  or  operating  income-producing  property  for  supplying 
transportation  or  water.-  At  or  before  the  time  of  issuing  any  such  bond? 
the  city  Shan  provide  for  the  collection  of  a  direct  annua?  tax  sufficient  to 
pay  the  interest  thereon  and  the  principal  thereof  within  forty  years  Unless 
fnr  efin«Se -Pr0Vlded  l\  the  ordinance  authorizing  the  issuance ‘of  any  bonds 
SAn  hUng  an7  SUJrh  lr;come-producing  public  utility,  such  bonds  shall  be 
be  d  t0  be  issued  under  the  foregoing  provisions  of  this  section. 

T  1€!  ®lty  having  issued  bonds  under  the  provisions  of  this  section  there- 
a  ter,  at  least  four  months  before  any  tax  for  the  payment  of  the  princinal 
and  interest  of  any  such  bonds  or  for  the  payment  of  the  principal  and 
interest  of  any  other  indebtedness  incurred  for  financing  the  samp  utility 
becomes  collectible  by  law,  shall  deposit  with  the  city  treasurer  out  of  the 
gross  earnings  or  the  rentals  of  the  utility  for  financing  which  ’the  debt  to 
be  discharged  by  any  such  tax  was  incurred,  a  sum  equal  in  amount  to  such 
tax.  The  money  so  deposited  shall  be  used  only  to  pay  such  principal  and 
interest.  To  the  extent  that  such  funds  are  deposited  prior  to  the  collection 
of  any  such  tax  it  shall  not  be  collected. 

twThe  city  iss”ed  bond*  under  the  provisions  of  this  section  shall 

thereafter  establish  and  maintain  such  rates  or  charges  for  the  service 
supplied  or  such  rentals  if  the  property  is  let  for  private  operation  as  may 
be  necessary  to  provide  at  least  sufficient  revenue  to  pay  (a)  the  principal 
and  interest  of  all  outstanding  bonded  or  other  indebtedness  incurred  for 
financing  such  utility  and  (b)  the  cost  or  expense  involved  in  or  incidental 
to  the  ownership,  operation  or  maintenance  of  such  utility,  including  taxes 
assessments  and  reserves  for  repairs  and  renewals  necessary  to  maintain 
the  property  in  first-class  condition. 

Any  taxpayer  of  the  city  shall  have  the  right,  which  shall  not  be  ex¬ 
clusive  in  him,  to  enfoice  the  provisions  of  this  section  by  appropriate  pro¬ 
ceedings  in  the  circuit  court  of  the  county.  That  court*  shall  enforce  the 
pi  ovisions  of  this  section  and  for  such  purpose  shall  have  all  necessary  pow¬ 
ers  including  the  power  to  regulate  the  service  supplied  by  any  such  utility. 

Section  193.  Each  issue  of  bonds  or  other  securities  by  the  city  for 
financing  any  income-producing  public  utility  shall  be  payable  in  substanti¬ 
ally  equal  annual  installments  of  principal  and  interest  combined,  beginning 
not  more  than  five  years  from  the  date  thereof.  But  provisions  may  be 
made  at  the  time  of  incurring  the  debt  for  the  payment  of  any  part  of  it 
before  maturity.  No  such  bonds  or  other  securities  shall  be  issued  without 
the  approval  at  an  election  of  a  majority  of  those  voting  on  the  question. 
The  city  of  Chicago  if  it  owns  or  operates  any  such  public  utility  shall  con¬ 
form  to  the  same  requirements  for  keeping  accounts  and  for  the  audit 
thereof  and  for  making  reports  as  are  prescribed  by  law  for  a  like  utility 
privately  owned. 

If  the  city  of  Chicago  constructs  or  acquires  a  subway  or  other  property 
for  transportation  purposes,  it  may  let  the  property  to  an  operating  company 


1922.] 


CONSTITUTIONAL  CONVENTION. 


80? 


but  only  for  such  period  of  time  as  may  be  approved  at  an  election  in  the 
city  by  a  majority  of  those  voting  on  the  question. 

Publicly  owned  income-producing  property  of  the  city  of  Chicago  (or 
of  any  local  government  or  authority  exercising  powers  within  the  limits 
of  the  city)  used  for  supplying  transportation  shall  be  taxed  in  the  same 
manner  as  privately  owned  property  used  for  a  like  purpose,  notwithstand¬ 
ing  any  other  provision  in  this  constitution. 

Laws  may  be  passed  in  aid  of  this  and  the  preceding  section. 

ARTICLE  IX. 

Public  Servants. 

Section  194.  An  office  is  a  public  position  created  by  the  constitution 
or  law  continuing  during  the  pleasure  of  the  appointing  power  or  for  a 
fixed  time  with  a  successor  elected  or  appointed.  An  employment  is  an 
agency  for  a  temporary  purpose  which  ceases  when  that  purpose  is  accom¬ 
plished. 

Section  195.  To  hold  any  public  office  a  person  shall  be  a  citizen  of  the 
United  States,  resident  in  this  state  one  year  and  able  to  read  and  write 
the  English  language. 

Section  196.  No  person  shall  hold  any  public  office  who  has  been  con¬ 
victed  of  an  infamous  crime  or  is  in  default  as  collector  or  holder  of  public 
money  or  if  he  holds  any  office  under  the  United  States  (except  as  a  post¬ 
master  whose  annual  compensation  does  not  exceed  three  hundred  dollars) 
or  under  a  foreign  government. 

Section  197.  All  civil  officers  except  members  of  the  general  assembly 
and  such  inferior  officers  as  may  be  exempted  by  law,  before  they  enter  upon 
the  duties  of  their  respective  offices  shall  take  and  subscribe  the  following 
oath  or  affirmation: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution  of 
the  United  States  and  the  constitution  of  the  State  of  Illinois  and  that  I  will 

faithfully  discharge  the  duties  of  the  office  of . 

to  the  best  of  my  ability. 

No  other  oath,  declaration  or  test  shall  be  required  as  a  qualification. 

Section  198.  All  public  officers  shall  hold  office  until  their  successors 
have  qualified. 

Section  199.  No  public  officer  shall  have  his  term  extended  by  law  after 
his  election  or  appointment. 

Section  200.  No  legislative,  executive  or  judicial  officer  and  no  officer 
of  any  county  shall  receive  to  his  own  use  any  fees,  fines,  costs,  perquisites, 
percentages,  interest,  benefits,  emoluments  or  allowances. 

Section  201.  No  public  officer  shall  have  his  compensation  increased  or 
diminished  during  his  term. 

Section  202.  No  extra  compensation  or  allowance  shall  be  given  by  law 
to  any  public  officer,  employee  or  contractor  after  service  has  been  rendered 
or  contract  made. 

Section  203.  Every  public  officer  shall  make  a  report  under  oath  at  least 
semiannually  to  some  official  to  be  designated  by  law  of  all  fines,  fees,  costs, 
perquisites  of  office  or  public  moneys  collected.  Every  such  officer  shall  pay 
at  least  monthly  to  some  official  designated  by  law  all  public  moneys  and 
interest  thereon  received  by  or  for  him. 

Section  204.  No  officer  of  this  state  shall  be  beneficially  interested 
directly  or  indirectly  in  any  contract  with  the  state. 

No  officer  of  any  subdivision  of  the  state  or  of  any  municipal  corporation 
or  of  any  board  or  commission  shall  be  beneficially  interested  directly  or 
indirectly  in  any  contract  with  the  particular  body  of  which  he  is  an  officer. 

Section  205.  No  statute  of  limitation  shall  begin  to  run  in  favor  of  a 
public  officer  until  an  audit  of  his  accounts  has  been  made  as  provided  by 
law. 

Section  206.  Any  public  officer  or  employee  or  his  beneficiary  may  be 
given  by  law  a  vested  interest  in  the  accumulated  portion  of  any  death. 


SOS 


JOURNAL  OF  THE 


[June  27, 


disability  or  retirement  fund  to  which  he  is  required  by  law  to  contribute 
a  part  of  his  compensation;  but  such  interest  shall  attach  only  to  the  fund 
accumulated  and  shall  impose  no  obligation  on  the  state  to  create  or  main¬ 
tain  such  fund. 

Section  207.  All  laws  of  the  State  of  Illinois  and  all  official  writings 
and  legislative,  executive  and  judicial  proceedings  shall  be  conducted,  pre¬ 
served  and  published  in  no  other  than  the  English  language;  but  this  shall 
not  prevent  the  use  of  abbreviations  in  the  files  and  records  of  judicial  pro¬ 
ceedings. 


ARTICLE  X. 

Eductaion. 

Section  208.  The  general  assembly  shall  provide  a  thorough  and  effici¬ 
ent  system  of  free  schools  whereby  all  children  of  this  state  may  receive 
a  good  common  school  education. 

Section  209.  The  general  assembly  shall  make  adequate  provisions  for 
the  maintenance  and  development  of  the  University  of  Illinois  and  the 
system  of  state  normal  schools. 

Section  210.  Property  received  for  public  education  and  the  proceeds 
of  such  property  shall  not  be  diverted  to  another  purpose  except  that  by 
consent  of  the  school  officers  holding  legal  title  special  assessments  may  be 
levied  on  school  property. 

Section  211.  No  school  officer  shall  be  financially  interested  in  any  con¬ 
tract  concerning  any  school  with  which  he  is  connected  or  in  any  book, 
apparatus  or  furniture  used  in  such  school. 

ARTICLE  XI. 

Militia. 

Section  212.  The  militia  of  the  State  of  Illinois  shall  consist  of  all 
able-bodied  male  persons  resident  in  the  state  between  the  ages  of  eighteen 
and  forty-five,  except  such  persons  as  now  are  or  hereafter  may  be  exempted 
by  the  laws  of  the  United  States  or  of  this  State.  No  person,  because  of 
conscientious  scruples  against  bearing  arms,  shall  be  exempted  by  the  laws 
of  this  state  from  any  military  service  declared  by  the  governor  to  be  non- 
combatant. 

Section  213.  All  militia  officers  shall  be  commissioned  by  the  governor 
and  may  hold  their  commissions  for  such  time  as  the  general  assembly  may 
provide. 

Section  214.  Members  of  the  organized  militia  in  'all  cases  except 
treason,  felony  or  breach  of  the  peace  shall  be  privileged  from  arrest  dur¬ 
ing  their  attendance  at  and  in  going  to  and  returning  from  musters  and 
military  elections. 

Section  215.  The  military  records,  banners  and  relics  of  the  state  shall 
be  preserved  as  enduring  memorials  of  the  patriotism  and  valor  of  the  men 
of  Illinois. 


ARTICLE  XII. 

Warehouses  and  Common  Carriers. 

Section  216.  Elevators  and  storehouses  where  property  is  stored  for 
compensation  are  public  warehouses. 

Section  217.  The  manager  of  every  public  warehouse  in  cities  of  over 
one  hundred  thousand  population,  or  such  population  as  may  be  provided 
by  law,  shall  post  conspicuously  each  week  in  the  office  of  the  warehouse  a 
sworn  statement  of  the  amount  and  grade  of  grain  and  alsp  of  the  other 
property  stored  therein  and  of  the  warehouse  receipts  outstanding  and  shall 
file  a  copy  of  the  statement  in  a  place  designated  by  law.  Changes  in 
quantity  and  grade  of  grain  stored  shall  be  noted  daily  upon  the  statement 


1922.] 


CONSTITUTIONAL  CONVENTION. 


809 


in  the  warehouse.  Unless  the  owner  or  consignee  consents  different  grades 
of  grain  shipped  in  separate  lots  shall  not  be  mixed.  . 

Section  218.  The  holder  of  a  public  warehouse  receipt  may  always 
examine  the  property  and  the  warehouse  records  thereof. 

Section  219.  Railroads  and  other  common  carriers  shall,  at  the.  point 
of  shipment,  weigh  or  measure  and  receipt  for  the  full  amount  of  grain  ana 

deliver  it  to  the  consignee  or  owner.  .  , 

Section  220.  Railroads  shall  deliver  grain  to  any  consignee  who  can 
reached  by  an  available  track  and  shall  permit  connections  so  that  any 
nublic  warehouse,  coal  bank  or  coal  yard  may  be  reached  oy  cars. 

P  Section  221.  It  shall  be  the  duty  of  the  general  assembly  .o  pass  all 
necessary  laws  to  prevent  the  issue  of  false  and  fraudulent  warehouse  r* 
ceipts  and  give  full  effect  to  this  article  which  shall  be  liberally  construed 
to'1  protect  producers  and  shippers.  The  enumeration  of  remedies  herein 
shall  not  be  construed  to  deny  to  the  general  assembly  the  power  to  prescribe 
by  law  such  other  remedies  as  may  be  found  expedient  or  to  deprive  any 

nprsnn  of  existing  common  law  remedies.  .  . _ 

Section  222.  The  general  assembly  shall  pass  laws  for  the  inspection 
of  grain  and  for  the  protection  of  producers,  shippers  and  receivers  of  grain 

and  lerc°tione223.  Railroads  are  hereby  declared  public  highways  and  shall 
be  free  to  all  for  the  transportation  of  persons  and  property  under  such 
regulations  as  may  be  prescribed  by  law.  The  general  assembly  shall  from 
time  to  time  pass  laws  establishing  reasonable  maximum  lates  toi  t  . 

traimnortation  of  passengers  and  freight  thereon.  , 

Section  224.  The  general  assembly  shall  pass  laws  to  correct  abuses 
and  prevent  unjust  discrimination  and  extortion  in  the  rates  of  freight  and 
oas^enger  tariffs  on  the  different  railroads  in  this  state  and  enforce  such 
laws  by  adequate  penalties  to  the  extent  if  necessary  of  forfeitures  of  then 

P1  OPSection  225.  Nothing  in  the  two  preceding  sections  shall  be  construea 

t0  “section  2P26WeThe  "shall  "‘the  fee  of  land  taken  for  railroad 

traCKSec1t^tn022t7hlRCoRIinegntstoCk  and  other  movable  property  of  common 
carriers  shall  be  subject  to  execution  sale. 

ARTICLE  XIII. 


CANALS  AND  WATERWAYS. 

Section  228.  In  addition  to  the  proceeds  of  the  twenty  million  dollars  of 
bonds  heretofore  authorized  for  the  deep  waterway  ten  million  dollars  may 
be  expended  therefor  and  all  or  part  thereof  secured  by  issuing  bonds  The 
state  shall  make  no  other  expenditure  for  any  canal  or  waterway  or  appur¬ 
tenance  thereto  except  from  the  income  thereof  unless  the  expenditure 
approved  by  a  majority  of  all  those  voting  at  a  geneial  election. 

Section  229.  Except  as  provided  in  this  article  no  waterway  or  canar 
owned  or  improved  by  the  state  shall  be  sold  or  leased  until  the  proposition 
therefor  is  approved  by  a  majority  of  those  voting  at  a  geneial  election. 

Section  230.  The  general  assembly  may  authorize  the  lease  of  the 
Illinois  and  Michigan  Canal  or  any  part  thereof  to  provide  terminals  in  con¬ 
nection  with  the  Illinois  Waterway  or  other  navigable  channels.  Such 
terminals  shall  be  for  public  use  without  discrimination. 

Section  231.  Leases  of  state  canals  and  waterways  and  of  state  prop¬ 
erty  held  in  connection  therewith  including  water  power  shall  be  subDect  to 
revaluation  every  twenty  years. 


810 


JOURNAL  OF  THE 


[June  27? 


ARTICLE  XIV. 

Amendments  to  the  Constitution. 

Section  232.  Whenever  two-thirds  of  the  members  of  each  house  of  the 
general  assembly  by  a  vote  entered  upon  the  journals  concur  that  a  conven¬ 
tion  is  necessary  to  revise,  alter  or  amend  the  constitution,  the  question 
shall  be  submitted  to  the  electors  at  the  next  general  election.  If  a  majority 
voting  at  the  election  vote  for  a  convention,  the  general  assembly  at  the 
next  session  shall  provide  for  a  convention  to  consist  of  twice  the  number 
of  members  of  the  senate  to  be  elected  in  the  same  manner,  at  the  same 
places  and  in  the  same  districts  as  senators,  plus  seven  members  to  be 
elected  at  large  from  the  county  of  Cook.  Tlfe  general  assembly  in  the  act 
calling  the  convention  shall  designate  the  day,  hour  and  place  of  its  meeting, 
fix  the  pay  of  its  members  and  officers  and  provide  for  their  payment  and 
for  the  expenses  necessarily  incurred  by  the  convention  in  the  performance 
of  its  duties.  Before  entering  upon  their  duties  the  members  shall  take  an 
oath  to  support  the  constitution  of  the  United  States  and  the  constitution  of 
Illinois  and  to  discharge  faithfully  their  duties  as  members  of  the  conven¬ 
tion.  The  qualifications  of  members  shall  be  the  same  as  those  of  senators 
and  vacancies  shall  be  filled  in  the  manner  provided  for  filling  vacancies  in 
the  general  assembly.  The  convention  shall  meet  within  three  months  after 
the  election  and  prepare  such  revision,  alteration  or  amendments  of  the  con¬ 
stitution  as  it  deems  necessary.  Such  revision,  alteration  or  amendments 
shall  be  submitted  to  the  electors  for  their  ratification  or  rejection  at  an 
election  appointed  by  the  convention  for  that  purpose  not  less  than  two 
months  not  more  than  six  months  after  its  adjournment.  Unless  so  sub¬ 
mitted  and  approved  by  a  majority  of  those  voting  at  the  election  no  such 
revision,  alteration  or  amendment  shall  take  effect. 

Section  233.  Amendments  to  the  constitution  may  be  proposed  in  either 
house  of  the  general  assembly  and  if  voted  for  by  two-thirds  of  the  members 
elected  to  each  house  such  proposed  amendments  together  with  the  yeas 
and  nays  of  each  house  thereon  shall  be  entered  in  full  upon  their  respective 
journals.  Such  amendments  shall  be  submitted  in  the  manner  prescribed  by 
law  to  the  electors  for  adoption  or  rejection  at  the  next  election  for  members 
of  the  general  assembly  and  shall  be  published  in  full  at  least  three  months 
before  the  election.  If  electors  equal  in  number  to  a  majority  of  the  votes 
cast  for  members  of  the  house  of  representatives  vote  for  the  proposed 
amendments  they  shall  become  part  of  the  constitution.  The  general  assem¬ 
bly  shall  not  propose  amendments  to  more  than  two  articles  of  the  constitu¬ 
tion  at  the  same  session  nor  to  the  same  section  oftener  than  once  in  four 
years. 


SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amendments 
made  to  the  constitution  of  this  state  and  to  carry  them  into  effect  it  is 
hereby  ordained  and  declared: 

Section  1.  All  laws  in  force  at  the  adoption  of  this  constitution  not 
inconsistent  therewith  and  all  rights,  actions,  prosecutions,  claims  and  con¬ 
tracts  of  this  state  or  of  individuals  or  of  bodies  corporate  shall  continue  to 
be  as  valid  as  if  this  constitution  had  not  been  adopted. 

Section  2.  All  fines,  taxes,  penalties  and  forfeitures  due  this  state 
under  the  present  constitution  and  laws  shall  inure  to  the  people  of  this 
state  under  this  constitution. 

Section  3.  Recognizances,  bonds,  obligations  and  all  other  instruments 
entered  into  before  the  adoption  of  this  constitution  to  the  people  of  this 
state  or  to  any  subdivision  thereof  or  to  any  municipal  corporation  or  to  any 
public  officer  shall  remain  binding  and  valid.  All  crimes  and  misdemeanors 
shall  be  tried  and  punished  as  if  no  change  had  been  made  in  the  constitu¬ 
tion  of  this  state. 

Section  4.  All  persons  now  holding  offices  or  appointments  shall  con¬ 
tinue  the  exercise  of  the  duties  thereof  according  to  their  respective  com- 


1922.] 


CONSTITUTIONAL  CONVENTION. 


811 


missions  or  appointments  unless  otherwise  directed  by  this  constitution  or 

°tlieSection  5.  Except  as  otherwise  provided  in  this  constitution  and  subject 
to  such  changes  in  their  duties  as  are  prescribed  therein,  all  persons  elected 
to  office  at  the  election  in  November,  nineteen  hundred  twenty-two,  shal 
continue  to  office  during  the  terms  for  which  they  are  respectively  elected 
Section  6.  In  order  that  elections  may  be  held  regularly  in  Novembei 

it  is  hereby  provided  as  follows:  .  _ 

All  officers  elected  to  office  prior  to  the  election  in  November  nineteen 

hundred  twenty-three,  whose  terms  expire  before  that  time  shall  hold  office 
until  their  terms  expire  as  now  provided  by  law  and  at  the  expiration 
their  respective  terms  their  successors  shall  be  elected  at  that  time  to  ho  c 
office  during  the  regular  terms  provided  by  law  and  until  their  successors 

are  elected  at  the  next  ensuing  November  election.  . 

All  officers  elected  to  office  prior  to  the  election  m  Novembei  ,  n  net 
hundred  twenty-three,  whose  terms  expire  after  that  date  and  who  are 
elected  at  other  times  than  at  the  November  election  shall  hold  office  tor 
the  terms  for  which  they  are  elected  and  until,  their  successors  are  elect 
at  the  next  ensuing  November  election. 

This  section  shall  not  apply  to  or  w'ithin  the  county  ot  Cook. 

Section  7  The  first  apportionment  for  senators  after  the  adoption  o 
this— lion  shall  provide  that  three  of  the  additlo  nali senate *aUbe 
elected  at  the  first  election  for  terms  of  two  years  and  the  othei  t 

the  daTtMs  constSn  is  submitted  to  the  people  for 
ratification  an  election  shall  be  held  for  a  justice  of  the  supreme  court  in 
the  first  judicial  district  designated  by  this  constitution.  Every  person  i 
that  judicial  district  who  is  entitled  to  vote  for  this  constitution  shall  b 
entitled  to  vote  for  such  justice.  The  election  shall  otherwise  be  conducted, 
returns  made  and  certificate  of  election  issued  in  accordance  with  existing 
laws.  If  it  appears  upon  the  canvassing  of  the  votes  for  and  against  this 
constitution  that  this  constitution  is  not  adopted,  then  no  certificate 
election  shall  be  issued  for  such  justice.  If  he  is  elected  and  commissioned, 
such  justice  shall  hold  office  until  the  first  Monday  of  June  nineteen  hun¬ 
dred  thirty-three.  He  shall  not  enter  upon  the  discharge  of  his  duties  until 
the  first  Monday  of  June,  nineteen  hundred  twenty-four,  unless  Puerto  t 
time  there  is  a  vacancy  in  the  supreme  court  from  any  district,  in  wine 
case  he  shall  fill  such  vacancy  until  the  first  Monday  of  June,  nineteen  hun- 

dredWhentfhe  term  of  office  of  the  justice  residing  in  the  second  district 
,  ^cHtntion  (elected  from  the  sixth  district  under  the  constitu- 

tTon61 of" «en ™rJd  ^nty”  expires  on  the  first  Monday  of  June, 
nineteen  hundred  twenty-four,  his  office  shall  cease  to  exist. 

Successors  to  the  justices  now  in  office  shall  be  elected  on  the  first 
Monday  of  June  in  the  years  in  which  their  respective  terms  expire.  One 
justice  for  the  first  district  shall  be  elected  for  a  term  to  expire  on  the 
first  Monday  in  June,  nineteen  hundred  thirty-five;  a -Justice !  for  the  *uth 
riicttript  shall  be  elected  for  a  term  to  expire  on  the  first  Tuesday  alter  me 
first  Monday  in' November,  nineteen  hundred  thirty-five;  justices  for  the 
fourth  and  sixth  districts  shall  be  elected  for  terms  to  expire  on  the  first 
Tuesday  after  the  first  Monday  in  November,  nineteen  hundred  thirty-three 
a  justice  for  the  third  district  shall  be  elected  for  a  term  to  expiie  on  the 
first  Tuesday  after  the  first  Monday  in  November,  nineteen  hundred  thirty- 
seven*  and  a  justice  for  the  second  district  shall  be  elected  ror  a  term  to 
expire  on  the  first  Tuesday  after  the  first  Monday  of  November,  nineteen 
hundred  thirty-nine.  After  the  expiration  of  their  terms  as  fixed  m  this 
schedule,  the  term  of  each  justice  shall  be  ten  years  from  me  day  of  hi 
election.  Thereafter  the  justices  from  the  first  district  shall  be.  elected  op 
the  first  Monday  of  June  in  the  years  in  which  their  terms  expire  and  the 
justices  from  the  second,  third,  fourth,  fifth  and  sixth  districts  shall  be 
elected  on  the  first  Tuesday  after  the  first  Monday  in  November  in  the  years 
in  which  their  terms  expire. 


812 


JOURNAL  OF  THE 


[June  21, 

Section  9.  The  clerk  of  the  supreme  court  and  the  clerks  of  the  appel¬ 
late  courts  in  office  at  the  time  of  the  adoption  of  this  constitution  shall 
continue  to  hold  office  during  the  terms  for  which  they  are  respectively 
elected. 

Section  10.  The  judges  of  the  circuit  and  superior  courts  or  Cook 
count}  now  seizing  as  judges  of  the  appellate  court  of  the  first  district  and 
its  branches  shall  become  judges  of  the  appellate  court  of  the  first  district 
under  this  constitution  to  hold  office  until  January  first,  nineteen  hundred 
twenty-nine.  The  judges  of  the  appellate  court  of  the  second  district  the 
appellate  court  of  the  third  district  and  the  appellate  court  of  the  fourth 
district  under  this  constitution  shall  be  appointed  by  the  supreme  court 
as  soon  as  may  be  after  the  adoption  of  this  constitution  to  hold  office  until 
January  first,  nineteen  hundred  twenty-eight. 

Section  11.  Until  otherwise  provided  by  law  judges  of  the  annellafp 
court  of  the  first  district  shall  each  receive  the  same  salary  as  is  paid  a 
judge  of  the  circuit  court  of  Cook  county  and  judges  of  the  appellate  courts 
of  the  second,  third  and  fourth  districts  shall  each  receive  a  salary  of  eight 
housand  five  hundred  dollars  per  annum.  Such  salaries  shall  be  payable 

alaHesSo7^ud,aensneorf  Sa?e  ti“e  a"d  fr0m  the  same  -urce/as the 

salaries  of  Judges  of  the  circuit  courts  within  such  districts  respectively 

tPo  ^.cctl?f1  12'  9n  the  seventh  day  of  May,  nineteen  hundred  twenty-three 

th  irc21J  superior,  criminal,  county  and  probate  courts  of  Cook  countv' 

the  municipal  court  of  Chicago  and  the  city  court  of  Chicago  Heights  shall’ 

1  nsol“  into  one  court  to  be  known  as  the  circutt  court  of  Cook 

abolisherdTheeroeffi?e°snof1-1  T1?8  eXCept  that  last  mentioned  shall  be 

shall  thereupon  bf abolished  *  °f  th6  Cit7  C°Urt  °f  Chicago  HeiSWs 

Section  13.  The  judges  of  the  circuit,  superior,  county  and  nrohafo 
courts  of  Cook  county  and  the  chief  justice  of  the  municipal  court  of  Chi" 
cago  in  office  on  the  seventh  day  of  May,  nineteen  hundred  twenty-three 
.  ^cept  Judges  of  the  circuit  and  superior  courts  of  Cook  countv  made 
judges  of  the  appellate  court  of  the  first  district  by  the  adontirm  V>f 
eonsutution  whose  offices  as  judges  of  the  circuit  and  supeHo  Courts  o? 
Cook  county  thereby  cease  to  exist)  shall  be  judges  of  the  circuit  emiS 
Cook  county  as  thus  consolidated  and  shall  continue  to  hnS  nffil  T  -  f 

first  Monday  of  June  next  fniinvr-*  3  elected  or  appointed  and  until  the 
offices  as  associate  judges  of  that- oonrt  rehPnCtv,VelV.’  their  respective 

elected  to  the  office  of  iude:e  of  thp  t  S!jal  be  abolished-  There  shall  be 
of  six  years  except  as  c  ™it  court  of  Cook  county  for  terms 

first  Monday  of  J une  of  year^followlng'5®  Speciflca11"  p™Tid<^  on  the 
judges  whos^terms"  expire  “  jUdgeS  35  *o  the 

together  with  e“ght  addmonaf^dgS;  “  nlDeteen  hundred 

judges  whose6  terms  "expire  ^thUvJ611’  -tW“  3udges  as  successors  to  the 
teen  judges  as  successors"  to  thp  p  ^  nine^een  hundred  twenty-six,  seven- 
nineteen  hundred  twenty-seven!  '  ^  W  °S6  terms  expire  ln  the  year 

four  ^years  ;6‘and  ''Undred  twenty'seveQ’  eight  additional  judges  for  terms  of 

whose'  TTr™  hundred  twenty-nine,  four  judges  as  successors  to  the  judges 
.  e  teims  expire  in  the  year  nineteen  hundred  twenty-eight  ninp  infjp-oo 
as  successors  to  the  judges  whose  terms  expire  in  the  year  nineteen  hundred 


1922.] 


CONSTITUTIONAL  C 0 X V E X T 1 0 X . 


813 


offleelor' the \frTot  tTrfyealf  jUd?eS'  0ne  ot  *ba“  aba”  hold 

shallSDerfn^4«n^U^— 1 s°cjate  JudSes  of  the  circuit  court  of  Cook  county 
•of  cases  whTh  won uf  h  ,dutles  *!?  may  be  assiSned  to  them  in  the  classes 
of  Cook  bounty  at  tV  uL  ^  £e  Jurisdicti™  of  the  criminal  court 

the  classy  nfV,„.0llae  f1?  e .  of  the  aaoption  of  this  constitution  and  also  in 

within  the  jurisdiction^nf11^  m  tbe  county  of  Cook  which  would  have  been 
in  thP  t  !  lsdJ9tlon  of  the  municipal  court  of  Chicago  if  they  had  arisen 

their  respective  termT  o^offip40  the  adoption  of  this  constitution.  During 
the  salariPQ  0t  .office  as  such  associate  judges  they  shall  receive 

the  countv  of  fnnk  J  1  «fS  °£  1 16  circu't  courts  in  each  circuit  (other  than 
shall  continue  to  hold'offl^e6!!',  •  !]“  °£  the  adoption  »f  this  constitution 

ap“i  are  elected  or 

the  Ume  o(  the  adontiof  of  In®  C°UUty  C°Urt  °£  Cook  c0>“ty  ia  °®ce  ab 
during  his  term  of  office  „r  ,?ntn  ?nC'0nSt  Uti0n  sha11  continue  to  exercise 
and  supervision  over  all  matters  nf^e'f  Pr°Vided  by  law  the  same  control 
general  assemblv  prior  to 3nlv  fL/  •  V°n  as  now  Provided  by  law.  The 
virip  on  ‘u  11°,1  t?  nineteen  hundred  twentv-five  shall  nrn. 

county  office  dr  officers'1  and  supervlslon  sha11  devolve  upon  some  elective, 

thre^thecounty'Mi d^^obat dCourts°^n^iCchn,)er’  nineteen  hundred  twenty- 
of  Cook)  where  both  exist  shall  be  cnncnra  county  (other  than  the  county 
as  the  county  court  consolidated  into  one  court  to  be  known 

other  than  the  county ’'of (din  ildffirp11^  and  probate  courts  (in  counties 
teen  hundred  twenty-three  shall  be  inds-ee  le '  third  day  of  December,  nine- 

^^cTmntiesdlivdng^^opulat/o^of^esdld6  ^  “d  WWCh 

Rpction  iq  tt—  i  -  niiieieen  nunared  twenty-seven  two  countv  indves 

Decembe'dnineteen^imdred  twenty-three  6flxes  the'sala^*"  “l  third  day  <* 
TmlgeTl^the 'comity  'court  ^a  dhus0  cmnscditf  ,C0,unt.^S  ^oohl^  whdare^  rnade 

S=S  V  r ="  ‘hfS 

of  more  than  fifteen  thousand  and  ie««  in  J  counties  having  a  population 
sand  dollars  in clunUes ^havinda  nL  ,  1£°rty.th0USand  and  to  fiTC  thou- 
Each  county  shall  continue  To  Lv  ?h“P  j  “U  °f  ,forty  tbousa"d  or  more, 
such  salaries  becomes  payable  on/nf  ..  P'1;55™1  salaries  until  the  whole  of 

consul  2s°o  fa?easPZeyi0anffSec°tttSheCti0n,  °n6  T'm<Ired  ‘W-elght  of  this 
(outside  of  the  county  of  Cookl  slab  C0U"ty  and  p™hate  courts 

day  of  December,  nineteen  hundred  tw^ty  thr^ulle^bd  "ntU, the  third 
provides  that  increased  salaries  be  paid  prior  to  Thit  date  8  lera'  aSSemWy 

the  seventh  Sy  £  £S  3 


814 


JOURNAL  OF  THE 


[June  27, 


that  court  as  consolidated  by  this  schedule.  The  clerks  of  the  superior, 
criminal,  county  and  probate  courts  of  Cook  county  and  the  clerk  of  the 
municipal  court  of  Chicago  on  that  date  shall  become  associate  clerks  of  the 
circuit  court  of  Cook  county  to  hold  office  for  the  terms  for  whicn  they  are 
respectively  elected;  and  as  near  as  may  be  they  shall  exercise  the  same- 
powers  (including  those  relating  to  the  appointment  and  discharge  of  em¬ 
ployees  and  to  the  collection  and  disbursement  of  moneys),  perform  the  same 
duties  and  receive  the  same  salaries  as  on  the  seventh  day  of  May,  nineteen 
hundred  twenty-three.  If  a  vacancy  occurs  in  the  office  of  clerk  of  the 
circuit  court  of  Cook  county  prior  to  the  election  in  November,  nineteen 
hundred  twenty-four,  such  vacancy  shall  be  filled  by  a  majority  of  the  judges 
and  associate  judges  of  the  circuit  court  of  Cook  county  by  appointing  one 
of  such  associate  clerks  who  shall  hold  office  until  the  election  in  November, 
nineteen  hundred  twenty-four. 

Section  22.  The  circuit  court  of  each  county,  is  hereby  continued  and 
on  the  first  Monday  of  November,  nineteen  hundred  twenty-seven,  the  circuit 
and  city  courts  in  each  county  (other  than  the  county  of  Cook)  where  both 
courts  exist  shall  be  consolidated  into  one  court  to  be  knowrn  as  the  circuit 
court  and  thereupon  the  offices  of  judge  and  clerk  of  all  such  city  courts 
shall  be  abolished. 

Section  23.  The  offices  of  justice  of  the  peace  and  constable  existing 
at  the  time  of  the  adoption  of  this  constitution  shall  be  abolished  from  and 
after  the  election  or  appointment  and  qualification  of  justices  of  the  peace 
or  constables  in  their  respective  districts,  towns  or  portions  of  towns  in  ac¬ 
cordance  with  the  provisions  of  this  constitution. 

Section  24.  The  clerk  of  the  county  court  of  each  county  (other  than 
the  county  of  Cook)  in  office  on  the  third  day  of  December,  nineteen  hundred 
twenty-three,  shall  be  clerk  of  the  county  court  as  consolidated  by  this 
schedule  and  the  clerk  of  the  probate  court  of  each  county  (other  than  the 
county  of  Cook)  having  a  probate  clerk  shall  become  the  chief  deputy  county 
clerk  of  such  county  court  during  the  term  for  which  he  is  elected  and  at 
the  salary  received  by  him  at  the  time  of  the  adoption  of  this  constitution; 
and  as  near  as  may  be  he  shall  exercise  the  same  powers  (including  those 
relating  to  the  appointment  and  discharge  of  employees  and  to  the  collection 
and  disbursement  of  moneys)  and  perform  the  same  duties  as  on  the  third 
day  of  December,  nineteen  hundred  twenty-three.  At  the  expiration  of  the 
terms  of  office  of  the  probate  clerks  in  office  on  the  third  day  of  December, 
nineteen  hundred  twenty-three,  the  office  of  probate  clerk  shall  be  abolished. 

Section  25.  The  bailiff  of  the  municipal  court  of  Chicago  in  office  on 
the  seventh  day  of  May,  nineteen  hundred  twenty-three  shall  become  associ¬ 
ate  sheriff  of  the  county  of  Cook  and  hold  office  during  the  term  for  which 
he  is  elected.  After  the  date  last  mentioned  and  during  his  term  he  shall 
receive  the  same  salary  and  have  as  near  as  may  be  the  same  powers,  duties 
and  responsibilities  as  before  that  date,  including  the  selection,  appointment 
and  removal  of  his  employees  and  the  collection  and  disbursement  of  moneys. 

Section  26.  Each  court  into  which  by  the  provisions  of  this  constitution 
other  courts  are  consolidated  shall  immediately  upon  such  consolidation  suc¬ 
ceed  to  and  assume  jurisdiction  of  all  causes,  matters  and  proceedings  then 
pending  in  all  courts  of  which  it  is  the  successor,  with  full  power  and 
authority  to  dispose  of  them  and  to  carry  into  execution  or  otherwise  to 
give  effect  to  all  orders,  judgments  and  decrees  theretofore  entered  by  the 
respective  courts  thus  consolidated. 

Section  27.  From  and  after  the  first  day  of  May,  nineteen  hundred 
twenty-three,  and  until  otherwise  provided  by  law,  all  matters  of  fees  and 
costs  connected  with  proceedings  in  the  circuit  court  of  Cook  county  shall 
be  regulated  by  rules  to  be  adopted  by  the  supreme  court. 

Section  28.  All  judicial  circuits  established  by  law  at  the  adoption  of 
this  constitution  shall  be  preserved  until  changed  by  law. 

Section  29.  This  constitution  shall  be  submitted  to  the  people  of  the 
State  of  Illinois  for  adoption  or  rejection  at  an  election  to  be  held  on  Tues¬ 
day  the  twelfth  day  of  December,  nineteen  hundred  twenty-two.  The  county 
clerks  of  the  respective  counties  of  this  state  shall  give  notice  between  the 


1922.] 


CONSTITUTIONAL  CONVENTION. 


815 


first  and  tenth  days  of  November,  nineteen  hundred  twenty-two  in  thp  mar. 

= ~  a  sjaar-wsss- jS-ag 

Section  30.  Every  person  entitled  to  vote  under  the  nrovimnna  nf 

r-jsrsos  dbvS?:  r 
made  err*  ^ 

^iQ^tSeCtl^n  31‘  .The  ,offi?ers  now  required  by  law  in  the  case  of  general 
elections  to  provide  election  supplies  for  each  precinct  or  district  shall  nro 

I! 1ne1cUeslaryT0“rio1r^rirhed  U  JaW  '°r  conducting  “l  ^tfonj 

for  such  election  sheets’  £orms  of  return-  ballots  and  supplies 

in  the  following  Tom*?1  ^  ‘°  be  USed  SUCh  eleCti°n  Sha11  be  substantially 


Proposed  New  Constitution  Election  Ballot. 


SHALL  THE  PROPOSED  NEW 
CONSTITUTION  BE  ADOPTED 


YES 

NO 

Section  o3.  The  elector  shall  designate  his  vote  by  a  cross  mark  thus ' 
X,  to  be  placed  m  one  of  the  squares  on  the  right-hand  margin  of  the  ballbt’ 
Section  o 4.  The  ballots  cast  for  and  against  this  constitution  shall  be 
received  and  canvassed  by  the  judges  and  clerks  of  such  elecUon  and  re! 
turned  as  provided  by  law  for  general  elections. 

shalfb^m^^hv^t’111^  fift!en  dayS  after  such  election>  returns  thereof 
sha  show  faf  th! !rera  county  clerks  to  the  secretary  of  state  which 
shall  show  (a)  the  aggregate  number  of  electors  voting  in  each  county 

inri  the  af^regate  number  of  votes  cast  for  the  adoption  of  this  constitution 
.  d,Jf  !.the  ^Sgrcgate  number  of  votes  cast  against  the  adoption  of  this 
constitution.  Such  returns  shall  within  ten  days  thereafter  be  examined  and 

andXludiin^,  °f  Stat6’  the  att0™^  geneTallThe  staTtrefsurer 

and  ttu  auditor  of  public  accounts  or  any  three  of  them  in  the  presence  of 

the  governor  and  proclamation  shall  be  made  by  the  governor  forthwith  of 

or  trheU  do°nt!ob:  TtZT  "  11  TT*  that  a  ^orltyVfhTv  otlfclfare 
tor  tiie  adoption  of  the  new  constitution  it  shall  be  the  supreme  law  of  the 

State  of  Illinois  on  and  after  twelve  o’clock  noon  of  Monday  the  fifteenth 

dfy,0t’hJanaary’  nme^een  hundred  twenty-three,  and  the  existing  constitution 
shall  thereupon  cease  in  all  its  provisions. 

Respectfully  submitted, 

Elam  L.  Clarke, 
Chairman  of  the  Committee. 

generalorderC  °  committee  was  orclered  printed  and  placed  on  the 

Pending  discussion,  at  the  hour  of  11 :35  o’clock  p.  m.,  Mr.  Hamill 
moved  that  the  Convention  do  now  adjourn. 

The  motion  was  lost.  • 

And  the  Convention  refused  to  adjourn. 

oq  Vll  C^nvention  proceeding  upon  the  consideration  of  Report  No 
2o,  of  the  Committee  on  Phraseology  and  Style,  the  point  of  order  was 
raised  that  the  report  of  the  committee  had  not  yet  been  printed,  where¬ 
upon  Mr  Taff  moved  that  the  rules  be  suspended  for  the  purpose  of 

immediately  considering  the  report. 


816 


JOURNAL  OF  THE 


[June  27, 


The  question  being  on  the  motion  to  suspend  the  rules,  a  division 
of  the  Convention  was  had,  resulting  as  follows:  Yeas,  11:  nays,  44. 

And  the  motion  was  lost. 

Mr.  Davis  moved  that  when  the  Convention  adjourns  today  it  stand 
adjourned  until  9  :00  oTlock  a.  m.,  tomorrow. 

And  the  motion  prevailed. 

Mr.  Goodyear  offered  the  following  resolution  and  moved  its  adop¬ 
tion  :  .  ■  /A  mm  i 


Resolution  •  No.  39. 

Whereas,  It  has  come  to  the  knowledge  of  this  Convention  that  Mrs. 
Ida  Moore  Small,  wife  of  the  Honorable  Len  Small,  Governor  of  Illinois, 
died  at  her  home  in  the  City  of  Kankakee,  on  Monday,  June  twenty-sixth, 
nineteen  hundred  twenty-two;  therefore,  be  it 

Reseolved,  That  this  Convention  express  its  sympathy  to  Governor  Small 
and  his  family  and  that  the  President  of  the  Convention  appoint  a  committee 
of  Delegates  to  represent  this  Convention  at  the  funeral  of  Mrs.  Small-  and 
be  it  further 

Resolved,  That  this  preamble  and  resolution  be  spread  on  the  records  of 
the  Convention;  that  a  suitably  engrossed  copy  thereof  be  forwarded  to  the 
family,  and  as  a  further  mark  of  respect  and  esteem  that  the  Convention 
do  now-  adjourn. 

The  resolution  was  unanimously  adopted  by  a  rising  vote,  and  in 
conformity  thereto  the  President  announced  the  appointment  of  the 
following  Delegates  as  the  committee  to  attend  the  funeral:  Messrs. 
Goodyear,  C.  D.  Cary,  Fifer,  Shanahan,  O’Brien,  Adamkiewicz,  E.  H. 
Dupee,  Sneed,  Lindly,  Barr,  Carlstrom  and  Coollev. 

And  at  the  hour  of  11:45  o’clock  p.  m.,  in  accordance  with  the  mo¬ 
tion  heretofore  entered,  the  Convention  stood  adjourned  until  9:00 
o’clock  a.  m.,  tomorrow. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


817 


WEDNESDAY,  JUNE  28,  1922,  9:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was!  offered  by  the  Eev.  W.  H.  Penliollegon,  of  the  First 
Presb}Tterian  Church,  of  Decatur. 

The  Journal  of  Thursday,  June  22d,  having  been  printed  and 
placed  on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was 
taken  up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25th,  the  Secretary 
called  the  roll  of  the  Convention,  which  resulted  as  follows  :  Present,  59. 

Those  voting  present  are:  Messrs. 


Adams 

Adamkiewicz 

Barr 

Brenholt 

Carlstrom 

Catron 

Chew 

Clarke 

Corlett 

Cruden 

Cutting 

Davis 


Dawes 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fifer 

Fyke 

Garrett 

Gilbert 

Goodyear 

Gray 


Green 

Hamill 

Hogan 

Hull 

Ireland 

Jack 

Jarman 

Johnson,  L.  C. 

Johnson,  W.  A. 

Kerrick 

Lill 

Lindly 


Mack 

Meinert 

Mills 

Moore 

Nichols 

O’Brien 

Pinnell 

Rinaker 

Scanlan 

Shanahan 

Shuey 

Smith 


Sneed 
Sutherland 
Taff 
Todd 
Torrance 
Trautmann 
Wall 
Warren 
Whitman 
Wilson 
Mr.  President 
Present — 59. 


General  Orders. 

^onven^on  proceeding  on  the  General  Orders,  the  President 
called  Mr.  Clarke  to  the  chair,  who,  in  turn,  called  Mr.  P maker  to 
the  chair. 

And  at  the  hour  of  9  :15  o’clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole,  for  the  consideration  of  Peport  No.  23  of 

the  Committee  on  Phraseology  and  Style,  on  the  revised  Constitution 
as  a  unit. 

.  ^  ^le  k°ur  4 :40  o’clock  p.  m.,  the  Convention  resumed  its 
session. 

The  President  presiding. 

Mr.  Clarke,  from  the  Committee  of  the  Whole,  haviifo*  had  under 
consideration  Peport  No.  23,  of  the  Committee  on  Phraseology  and 

Style,  reported  the  same  back  together  with  the  following  amendments 
thereto,  to-wit : 


No  change. 


PREAMBLE. 


Article  I. 


RILL  OF  RIGHTS. 

Section  8.  Made  a  solid  paragraph  to  read  as  follows: 

*  e ‘ction .  8  No  person  shall  be  held  to  answer  for  a  capital  offense 
unless  on  indictment  of  a  grand  jury.  Offenses  which  may  be  punished 
— 52  C  J 


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JOURNAL  OF  THE 


[June  28, 


by  imprisonment  in  the  penitentiary  may  be  prosecuted  by  indictment  or 
on  information  filed  by  the  attorney  general  or  by  a  state’s  attorney.  No 
such  information  shall  be  filed  by  a  state’s  attorney  except  by  leave  granted, 
either  in  term  time  or  in  vacation,  by  a  judge  of  a  court  of  record  having' 
jurisdiction  of  the  offense,  after  a  showing  of  probable  cause.  411  other 
offenses  may  be  prosecuted  as  provided  by  law.  This  section  shall  not 
&pplj  to  cases  of  impeachment,  cases  arising  in  the  army  and  navy  and  in 
the  militia  when  in  actual  service  in  time  of  war  or  public  danger* 

No  other  change  in  the  Bill  of  Rights. 

Article  II. 

POWERS  AND  FORM  OF  GOVERNMENT. 

No  change. 

Article  III. 

LEGISLATIVE  DEPARTMENT. 

Section  37.  Made  a  single  paragraph  to  read  as  follows: 

Section  37.  Appropriation  bills  to  pay  members,  officers  and  employees 
of  the  general  assembly  shall  contain  no  provision  on  any  other  subject. 
Appropriations  for  the  offices  of  governor,  lieutenant  governor,  secretary  of 
state,  attorney  general,  treasurer,  auditor  of  public  accounts  and  superin¬ 
tendent  of  public  instruction  shall  be  made  by  separate  bills  for  each  office. 

Section  39.  Made  a  single  paragraph  to  read  as  follows: 

Section  39.  No  subject  matter  shall  be  included  in  any  conference 
committee  report  on  an  appropriation  bill  unless  such  subject  matter  directly 
relates  to  matters  of  difference  between  the  houses  and  has  been  specifically 
lefei led  to  the  conference  committee.  No  report  of  any  conference  com¬ 
mittee  on  an  appropriation  bill  shall  be  considered  and  no  appropriation 
bill  shall  be  voted  on  unless  the  report  and  the  bill  in  its  final  form  have 
respectively  been- printed  and  placed  on  the  desks  of  the  members  at  least 
three  legislative  days  before  the  report  is  considered  or  the  bill  is  passed. 

Section  44.  The  various  clauses  of  the  section  were  thrown  into  a  solid 
paragraph.  The  following  words  from  section  48,  “Grant  or  change  any 
corporate  powers  except  those  of  educational,  charitable,  reformatory  or 
penal  corporations,  under  the  patronage  and  control  of  the  state.”  were 
made  the  last  clause  of  section  44  and  section  44  was  made  to  read  as 
follows: 

Section  44-  No  local  or  special  law  shall  grant  divorces;  change  the 
names  of  persons  or  places;  provide  for  opening,  altering  or  working  public 
highways;  vacate  highways,  public  grounds  or  town  plats;  regulate  county 
or  town  affairs;  create  municipal  corporations  or  amend  their  charters; 
provide  for  summoning  or  impaneling  juries;  provide  for  the  management 
of  common  schools;  regulate  interest  rates;  regulate  elections  or  designate 
places  of  voting;  regulate  the  sale  or  mortgage  of  real  estate  of  persons 
under  disability;  protect  game  or  fish  unless  by  reasonable  classification  of 
waters;  authorize  ferries  or  toll  bridges;  remit  fines,  penalties  or  forfei¬ 
tures;  change  the  law”  of  descent;  grant  the  right  to  construct  railroad 
tracks;  grant  any  special  or  exclusive  privilege,  immunity  or  franchise; 
or  grant  or  change  any  corporate  powers  except  those  of  educational,  chari¬ 
table,  reformatory  or  penal  corporations,  under  the  patronage  and  control 
of  the  state. 

Section  J/3.  The  last  sentence  of  section  44  was  made  section  45  to 
read  as  follows: 

Section  45.  No  special  law  shall  be  enacted  if  a  general  law  can  be 
made  applicable. 

Section  46.  Section  45  was  made  section  46  to  read  as  follows: 

Section  46-  Lotteries  and  gift  enterprises  are  forbidden. 

Section  41-  Section  46  was  made  section  47  to  read  as  follow's: 


1922.] 


CONSTITUTIONAL  CONVENTION. 


819 


Section  47.  No  liability  due  the  state  or  any  subdivision  thereof  or 
any  municipal  corporation  shall  ever  be  released  or  extinguished  by  law. 

Section  48.  Section  47  was  made  section  48  to  read  as  follows- 

Section  48.  No  officer  shall  be  elected  or  appointed  by  the  general 
assembly  or  by  either  house  except  their  respective  officers. 

Pait  of  section  48  was  transferred  to  section  44  as  above  stated.  The 
rest  of  section  48,  being  ihe  first  four  "words — “no  special  law  mav” — were 
stricken  out. 

Section  50.  The  words  “person,  corporation  or  association”  are  tran¬ 
sposed,  so  that  the  section  shall  read  as  follows: 

Section  50.  .  No  law  shall,  be  passed  authorizing  the  labor  of  any  con¬ 
vict  confined  within  any  penitentiary  or  other  reformatory  institution  to 
be  let  to  any  corporation,  association,  or  person. 

Section  59.  Was  made  a  solid  paragraph.  The  words  “and  the  three 
preceding  sections”  were  inserted  after  the  word  “section”  in  the  last  line. 
The  section  as  revised  reads  as  follows: 

Section  59.  The  general  assembly  may  provide  (a)  for  opening  pri¬ 
vate  loads  to  communicate  w'ith  public  roads,  (b)  for  permitting  owners 
and  lessees  of  lands  and  minerals  to  construct  drains,  ditches  and  levees 
on,  across  or  under  the  lands  of  others  for  agricultural,  sanitary  or  mining 
purposes,  (c)  for  organizing  drainage  districts  for  flood  control  or  for 
sanitary  or  agricultural  purposes  with  powers  of  eminent  domain  and  spe¬ 
cial  assessment  and  (d)  for  making  surveys  and  straightening  and  improv¬ 
ing  water  courses  at  the  expense  in  part  of  drainage  districts  and  in  part 
of  the  state  or  any  subdivision  thereof.  This  section  and  the  three  pre¬ 
ceding  sections  shall  not  be  construed  as  limitations  of  the  powers  of  the 
general  assembly. 

Section  00.  Insert  the  words  “in  fee  simple”  after  the  word  “take”  in 
the  second  line. 


Article  IV. 


EXECUTIVE  DEPARTMENT. 


Section  68  was  made  a  solid  paragraph  to  read  as  follows: 

Section  68.  The  officers  specifically  named  in  section  sixty-five  of  this 
constitution  except  the  superintendent  of  public  instruction  shall  be  elected 
in  nineteen  hundred. twenty-four  and  every  four  years  thereafter.  The  super¬ 
intendent  of  public  instruction  shall  be  elected  in  nineteen  hundred  twenty- 
six  and  e^ery  four  years  thereafter.  The  term  of  office  of  every  such  officer 
election6  f°Ur  yearS  from  tlle  secon(l  Monday  of  January  next  after  his 

Section  75  was  made  a  solid  paragraph  to  read  as  follows* 

Section  75.  The  governor  shall  nominate  and  with  the  consent  by  yea 
aad  naj  ] ote  a  Pajority  of  those  elected  to  the  senate  shall  appoint  all 
officers  whose  appointment  or  election  is  not  otherwise  prescribed  by  law. 
If  a  vacancy  exists  during  the  recess  of  the  senate  in  any  office  where  the 
appointing  power  is  vested  in  the  governor  subject  to  the  consent  of  the 
senate,  the  governor  shall  make  a  temporary  appointment  until  the  next 
meeting  of  the  senate  when  he  shall  nominate  some  person  for  the  office. 
No  person  rejected  by  the  senate  shall  be  nominated  again  for  the  office  at 
the  same  session  save  on  request  of  the  senate  or  be  appointed  to  the  office 
during  the  recess  of  the  senate.  v 

Section  79  was  made  a  solid  paragraph  to  read  as  follows: 

?nvprnnv°i!ih  If  the  office  °l  S°vernor  becomes  vacant  the  lieutenant 
S  tTm  hrf  become  governor  for  the  residue  of  the  term.  If  the  governor 
fails  to  qualify,  is  absent  from  the  state  or  is  under  disability,  the  powers 
duties  and  emoluments  of  the  office  shall  devolve  upon  the  lieutenant’ 
governor  for  the  residue  of  the  term  or  until  the  cause  which  renders  the 
governor  incapable  of  performing  his  duties  is  removed.  If  there  fs  no 
leu  (rnimt  governor  or  if  for  any  of  the  above  causes,  he  is  incapable  of 
performing  the  duties  of  the  office,  its  powers,  duties  and  emoluments shaH 

nnnnlvth  UiP°n  ^  President  of  the  senate  and  after  him,  for  like  causes 
upon  the  speaker  of  the  house  of  representatives;  but  each  of  them  shall 


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JOURNAL  OF  THE 


[June  28, 


act  only  until  the  cause  which  renders  the  officer  having  the  prior  right 
incapable  of  performing  the  duties  of  the  office  is  removed  or  until  the 
vacancy  is  filled  by  election. 


Article  V. 

JUDICIAL  DEPARTMENT. 

Section  89.  The  dates  in  section  89  were  revised  as  follows:  The 
words  “nineteen  hundred  twenty-four”  in  the  second  line  were  made  “nine¬ 
teen  hundred  thirty-five”;  the  “words  nineteen  hundred  thirty-one”  in  the 
fourth  line  were  made  “nineteen  hundred  thirty-nine”;  the  words  “nineteen 
hundred  twenty-seven”  in  the  fifth  line  were  made  “nineteen  hundred  thirty- 
seven”;  the  words  “nineteen  hundred  twenty-four”  in  the  sixth  line  were 
made  “nineteen  hundred  thirty-three”;  the  words  “nineteen  hundred  twenty- 
four”  in  the  seventh  line  were  made  “nineteen  hundred  thirty-five”;  the 
w'ords  “nineteen  hundred  twenty-four”  in  the  eighth  line  were  made  “nine¬ 
teen  hundred  thirty-three.”  The  following  words  from  the  last  sentence  of 
section  8  in  the  schedule  were  inserted  as  a  sentence  immediately  before 
the  last  sentence  of  section  89:  “The  justices  from  the  first  district  shall  be 
elected  on  the  first  Monday  of  June  in  the  years  in  which  their  terms  expire 
and  the  justices  from  the  second,  third,  fourth,  fifth  and  sixth  districts  shall 
be  elected  on  the  first  Tuesday  after  the  first  Monday  in  November  in  the 
years  in  which  their  terms  expire.”  The  section  as  revised  reads  as  follows: 

Section  89.  One  justice  of  the  supreme  court  shall  be  elected  in  the 
first  district  in  nineteen  hundred  thirty-five;  one  justice  in  the  first  district 
in  nineteen  hundred  thirty-three;  one  justice  in  the  second  district  in  nine¬ 
teen  hundred  thirty-nine;  one  justice  in  the  third  district  in  nineteen 
hundred  thirty-seven;  one  justice  in  the  fourth  district  in  nineteen  hundred 
thirty-three;  one  justice  in  the  fifth  district  in  nineteen  hundred  thirty-five; 
one  justice  in  the  sixth  district  in  nineteen  hundred  thirty-three;  and  every 
ten  years  thereafter  respectively.  The  justices  from  the  first  district  shall 
be  elected  on  the  first  Monday  of  June  in  the  years  in  w'hich  their  terms 
expire  and  the  justices  from  the  second,  third,  fourth,  fifth  and  sixth  dis¬ 
tricts  shall  be  elected  on  the  first  Tuesday  after  the  first  Monday  in  Novem¬ 
ber  in  the  years  in  which  their  terms  expire.  The  term  of  office  of  each 
justice  shall  be  ten  years  from  the  date  of  his  election. 

Section  93.  In  the  fourth  line  the  word  “court”  was  stricKen  out  and 
the  words  “pleading,  practice  or  procedure”  wrere  substituted.  The  section 
as  amended  reads  as  follow's: 

Section  93.  The  supreme  court  shall  have  exclusive  power  to  prescribe 
rules  of  pleading,  practice  and  procedure  in  all  courts;  but  rules  not  incon¬ 
sistent  therewith  may  be  prescribed  respectively  by  other  courts  of  record. 
Any  rule  of  pleading,  practice  or  procedure  may  be  set  aside  by  the  general 
assembly  by  a  special  law  limited  to  that  purpose. 

Section  100.  The  section  was  made  a  solid  paragraph  to  read  as  fol¬ 
lows: 

Section  100.  Appeals  from  and  writs  of  error  to  circuit  and  county 
courts  may  be  prosecuted  in  all  cases  as  follows:  (a)  to  or  from  the  supreme 
court  in  all  criminal  cases  where  the  punishment  allowed  by  law  may  be 
death  or  imprisonment  in  the  penitentiary  and  in  cases  where  a  franchise 
or  a  freehold  or  the  validity  of  a  statute  is  involved,  (b)  to  or  from  the 
appellate  courts  in  such  other  cases  as  may  be  prescribed  by  general  rule 
of  the  supreme  court  and  (c)  to  or  fronv  the  supreme  court  in  all  other 
cases.  Except  as  above  limited  the  supreme  court  by  general  rule  may 
prescribe  the  final  jurisdiction  of  appellate  courts  unless  otherwise  provided 
by  law’. 

Section  10Jt.  The  section  appearing  as  section  103  of  the  second  revised 
draft  of  June  22,  1922  was  a  substitute  for  section  104.  The  words  “for  any 
county  or  counties”  were  inserted  after  the  word  “court”  in  the  first  line 
of  section  103  as  there  found.  The  words  “and  criminal”  immediately  before 
the  word  “cases”  at  the  end  of  the  second  sentence  of  section  103  were 
stricken  out.  The  section  as  revised  reads  as  follows: 


1922.] 


CONSTITUTIONAL  CONVENTION. 


821 


Section ■  10^.  The  circuit  courts  shall  always  be  open  for  the  transac¬ 
tion  of  business  but  terms  of  court  for  any  county  or  counties  not  less  than 
four  annually  may  be  prescribed  by  law  for  common  law  and  criminal  cases 
The  first  Monday  of  each  month  shall  be  return  day  for  process  in  chancery 
cases  and,  unless  otherwise  prescribed  by  law’  for  any  county  or  counties 
in  common  law  cases.  The  circuit  court  shall  sit  at  the  county  seat  of  each 
county.  If  a  city  of  more  than  fifty  thousand  population  in  any  county 
provides  and  .maintains  suitable  facilities  for  holding  court,  the  circuit  court 
shall  also  sit  in  such  city.  In  any  city  wholly  or  partly  in  the  county,  when¬ 
ever  such  city  or  part  thereof  has  not  less  than  five  thousand  population,  a 
majority  of.  the  judges  of  the  circuit  may  provide  for  holding  sessions  of 

court  therein,  if  such  city  provides  and  maintains  suitable  facilities  for 
holding  court. 

Section  107.  The  word  “such”  before  the  word  “judges”  in  the  second 
sentence  was  stricken  out.  The  section  as  revised  reads  as  follows: 

Section  107.  Judges  of  the  circuit  court  of  Cook  county  shall  be  elected 
for  terms  of  six  years  from  the  date  of  their  election.  At  all  elections  for 
judges  the  ballots  therefor  shall  be  separate  and  distinct  from  the  ballots 
for  non-judicial  officers. 

faction  111.  The  third  sentence  of  this  section  was  revised  to  read: 
Q11„h  Unh proposition  is  approved  by  a  majority  of  those  voting  thereon 

changed  to  re^®  ^  *  deClare  U  adopted-”  The  fourth  sentence  was 

If  it  is  disapproved  it  shall  not  again  be  submitted  for  six  years.” 

The  word,  “hereinafter”  in  the  succeeding  sentence  w'as  changed  to  the 
word  herein.  The  section  as  revised  reads  as  follows* 

tpnti nA  ,me(:tors  ?f *he  county  of  Cook  equal  in  number  to  one- 
tenth  of  the  total  vote  cast  for  president  of  the  county  board  at  the  last 
preceding  election  may  file  in  the  circuit  court  a  petition  to  submit  to  a 
vote  the  proposition  whether  the  county  shall  adopt  the  system  hereinafter 

f-°r  ^*he  aPpomtn?eat  °.f  the  judges  of  the  circuit  court.  Thereupon 
the  chief  justice  of  the  civil  division  of  that  court  by  an  order  entered  of 

three^mmrth s sp^Pial  election  for  submitting  such  proposition  within 
three  months  after  such  order  is  entered.  If  the  proposition  is  approved  bv 

°f  thosa  noting  thereon  such  chief  justice  shall  declare  it  adopted 
t  is  disapproved  it  shall  not  again  be  submitted  for  six  years  Upon  the 

«oa  0f  ^  proposition  judges  in  office  shall  continue  In  office  unffi 
removed  as  herein  provided.  After  the  adoption  of  the  proposition  the 

Sia?infirn°f  choosing  judSes  of  that  court  shall  be  as  follows:  The  governor 
shall  fill  any  vacancy  in  that  court  by  appointment  from  a  list  colt!in?ng 

bv  anmmaiori tvno  If*  than  f°Ur  eligible  persons  for  each  vacancy,  nominated 

to  be  Affiliated  Lmf  tlUpreme  cou1r.t/.  not  more  than  one-half  of  such  persons 
to  be  affiliated  with  the  same  political  party.  Thereafter  each  iud^p  qhoii 

On  the1  first  MpdUiring  fg°T°d  b<:ha™r  subject  to  removal  as  herein  provided. 

ment  oAverv  mdS  ~  -"“.l  “  the  iixth  year  after  ‘he  election  or  appoint- 
vear  and  1  m  the  seventh  year  if  the  sixth  is  an  even  numbered 

the  countv  ho  ™e  d  6  every  sixth  year  thereafter  the  electors  of 

annrova^  of  b-  f  0PP°rtunity  at  an  election  to  express  their  dis- 

disannroves  of  ani  (fa,  V  ■ a  '*'0nJy  of  those  votinS  at  any  such  election 
months  after  the  oiio,dS®  h,a  °*c-e  sha"  become  vacant  at  the  end  of  three 

bl  ineliv/hie  tl  e  elePt;  a.nd  for  a  period  of  slx  years  thereafter  he  shall 
be  mehgible  to  appointment  as  a  judge  of  such  court;  if  such  judge  is  not 

o  sScwfection  S\an  C,°ntj-nUe  ln  °ffice  and  b^"  a  "e'y  term'onthe  day 
manner  preserTbed  by  law1'0"8  Und6r  thiS  S6Cti°n  Sha11  be  condacted  in 

lov/s-.eCti°n  111  ThiS  S6Cti0n  Was  made  a  solid  paragraph  to  read  as  fol- 

RhanZ(iT /A1??  Try  suph  .county  there  shall  be  a  county  court  which 

conservatorshin  a1ifdnon',UnStdlCtl0-n  of,aI'  matters  of  Probate,  guardianship, 
estates  Of  ZrlLeu  d  aPPrentlc«ship,  the  administration  and  settlement  of 

required  for  the  adm[n?1S  a,”  Proc,eedinSs  for  the  sale  of  real  estate  where 
Q  r  the  administration  and  settlement  of  such  matters  or  estates, 


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JOURNAL  OF  THE 


[June  28, 


proceedings  relating  to  taxes  and  assessments  and  their  collection,  and 
criminal  cases  below  the  grade  of  felony,  (b)  concurrent  jurisdiction  with 
the  circuit  courts  in  testamentary'trusts,  construction  of  wills  and  partition 
of  real  estate  where  any  such  proceeding  is  incidental  to  its  original  juris¬ 
diction,  (c)  exclusive  jurisdiction  of  appeals  from  justices  of  the  peace  and 
(d)  such  other  jurisdiction  as  provided  by  law. 

Section  121.  The  words  “elected  members”  were  transposed  to  read 
“members  elected.”  The  section  as  revised  reads  as  follows: 

Section  121.  The  general  assembly,  upon  due  notice,  and  opportunity 
for  defense  and  for  cause  entered  upon  the  journal  of  each  house,  may 
remove  any  justice  or  judge  upon  concurrence  in  each  house,  of  three-fourths 
of  its  members  elected.  All  other  officers  mentioned  in  this  article  shall  be 
removed  from  office  on  conviction  for  misdemeanor  in  office. 


No  change. 


Article  VI. 

SUFFRAGE  AND  ELECTION. 

Article  VII. 


REVENUE  AND  FINANCE. 

Section  1J/9.  In  the  second  line  from  the  end  of  the  section  the  word 
“tax”  was  stricken  out  and  the  words  “for  the  tax  or  assessment”  were 
inserted  immediately  after  the  word  “lien.”  The  section  as  revised  reads 
as  follows: 

Section  1J/9.  No  owner  of  real  estate  shall  be  divested  of  title  for  de¬ 
fault  in  payment  of  general  or  special  taxes  or  assessments  except  upon 
sale  by  the  county  treasurer  or  by  forfeiture  to  the  state  and  in  either  case 
only  after  judgment  of  a  court  of  record  entered  after  notice  as  provided 
by  law.  Not  less  than  two  years  shall  be  allowed  to  redeem  from  such  sale 
or  forfeiture.  The  general  assembly  may  provide  that  the  holder  of  a 
tax  title  based  on  any  tax  sale  hereafter  made  may  waive  claim  of  title  to 
the  land  sold  and  be  subrogated  to  the  lien  for  the  tax  or  assessment  for 
which  the  sale  was  made  and  proceed  in  equity  to  foreclose  such  lien  with 
additional  penalties  as  provided  by  law. 

Section  153.  This  section  was  made  a  solid  paragraph  to  read  as  fol¬ 
lows: 

Section  153.  Each  general  assembly  shall  make  appropriations  for  the 
expenses  of  the  government  for  a  period  of  two  years  from  the  first  day 
of  July  of  the  year  in  which  it  convenes.  After  such  appropriations  have 
been  made  the  aggregate  amount  thereof  shall  not  be  increased  except  by  a 
vote  of  two-thirds  of  the  members  elected  to  each  house.  All  appropriations 
for  any  such  two-year  period  shall  end  with  the  period  except  that  ob¬ 
ligations  incurred  during  the  period  may  be  paid  within  three  months 
thereafter. 

Section  155.  This  section  was  made  a  solid  paragraph.  The  words 
“members  of  the  house  of”  were  inserted  before  the  word  “representatives” 
in  the  eight  line  of  the  section.  The  section  as  revised  reads  as  follows: 

Section  155.  The  state  may  contract  debts  (a)  for  meeting  casual 
deficits  in  revenue  up  to  one  million  dollars,  (b)  for  defense  in  war,  sup¬ 
pressing  insurrection  or  repelling  invasion  and  (c)  for  the  deep  waterway 
as  provided  in  this  constitution.  Money  so  borrowed  shall  be  applied  only 
to  the  purpose  for  which  it  is  obtained  or  for  the  payment  of  the  debts 
thus  created.  No  other  debt  shall  be  contracted  by  the  state  unless  the 
law  authorizing  it  is  approved  by  a  majority  of  those  voting  for  members 
of  the  house  of  representatives  at  a  general  election.  The  general  assembly 
shall  provide  for  the  publication  of  any  such  law  for  at  least  three  months 
before  the  election.  Provision  shall  be  made  when  the  debt  is  contracted 
for  the  annual  payment  of  interest  either  by  a  tax  to  be  levied  for  the 
purpose  or  by  setting  aside  other  revenues.  Any  law  providing  for  such 
tax  shall  be  submitted  in  like  manner  with  the  law  authorizing  the  debt 
and  if  approved  shall  be  irrepealable. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


823 


Article  VIII. 

LOCAL  GOVERNMENTS. 

Section  178.  The  word  “law”  at  the  end  of  the  first  paragraph  was 
r  wordf.“the  general  assembly  or  by  this  article”  inserted 
reads  as^follows-  ^  SeCtl°n  Was  made  a  solid  Paragraph  and  as  revised 

.  Sec^ion.  1 J8-  Except  as  expressly  prohibited  by  law  the  city  of  Chicago 
nowr  of  1opC  are?f  t0  possess  for  a11  municipal  purposes  full  and  complete 

ha  LL  nSe  g0V5nTnt  and  corPorate  action.  This  grant  of  power 
shall  be  liberally  construed  and  no  pow’er  of  local  self-government  or  cor- 

ThpatpntCth0n  Sha  l  be  deaied  the  city  hy  reason  of  not  being  specified  herein. 

e  c.ty,  however,  may  impose  taxes  and  borrow  money  only  as  authorized 
Sr  1  d<r  ge.neral  assembly  or  by  this  article.  Until  otherwise  provided  by 
the  city  charter  the  powers  heretofore  granted  the  city  shall  be  preserved 
f£d  exermsed  in  accordance  with  law  and  the  additional  powers  granted  by 

Sec  Z  1 79  ThPeXaerCti-Sed  by  0r  “  accorda"ce  with  city  ordinances  7 
lows:  '  0n  was  made  a  Solid  paragraph  to  read  as  fol- 

.  ,.8cctim\  17£‘  The  legislative  authority  of  the  city  of  Chicago  from  time 
to  time  and  after  approval  of  the  proposition  at  an  election  in  such  manner 
as  it  may  provide,  may  call|  an  elective  convention  to  frame  a  new  citv 
charter  or  to  revise  or  amend  any  existing  charter.  The  proposals  of  anv 

providTby  T  "suborn SUbtmittedi0  the  VOters  for  ad°P«°>i  in  the  manned 
provided  by  it.  Subsequent  amendments  may  also  be  proposed  and  snh 

mitted  to  the  voters  in  such  manner  as  the  charter  may  provide  State 

election  laws  and  the  powers  and  duties  existing  thereunder  shall  be  avail 

able  for  the  purposes  of  this  section.  The  chfrter  so  framed  revised  or' 

so  tar  Is  the'  orrnSn  Pfa!led  •tfhereunder  sha11  Prevail  over’  state  laws 
amnn7,t!  of  ^  ?lty  g°vernment,  the  distribution  of  powers 

aa\°a|T  official  agencies  and  the  tenure  and  compensation  of  its  officers 
d  employees  are  concerned.  Rates  of  compensation  as  well  as  conditions 
of  appointment  and  promotion  in  the  classified  civil  service  of  the  citv  shall 
be  determined  according  to  a  general  plan  which  shall  recognize  meHt  and 
fitness  as  controlling  principles.  A  certified  copy  of  such  charted  nr  t 

ZTZZZIZZ"  be  filed  with  tbe  ™y  ot  ZZZSZZ 

afterSthe°Lrds‘-tohteakI”rdThlinsPfr  S’mple  °r  otherwise”  were  inserted 
Septal  tart  Thi  revlsed  reads  as  follows: 

nr*  8ec.n  180 ■  ,  The  Clty  of  Chicago  shall  have  power  to  take  in  fee  simnln 

privUe^el  oer°Hcean“eThPeldVate  P/0°Pertf-  (in?judinS  Public  utilities  and  the" 
accordfnce  with  law  “  connectlo“  therewith)  for  public  use  in 


No  change. 


No  change. 
No  change. 


Article  IX. 

PUBLIC  SERVANTS. 

Article  X. 

EDUCATION. 

Article  XI. 
militia. 

Article  XII. 


No  change  warehouses  and  common  carriers. 

Article  XIII. 

CANALS  AND  WATERWAYS. 

proprtated”  ZZZZZ'SZonZ 


824 


JOURNAL  OF  THE 


[June  28, 


Section  228.  In  addition  to  the  proceeds  of  the  twenty  million  dollars 
of  bonds  heretofore  authorized  for  the  deep  waterway,  ten  million  dollars 
may  be  appropriated  therefor  and  all  or  part  thereof  secured  by  issuing 
bonds.  The  state  shall  make  no  other  expenditure  for  any  canal  or  water¬ 
way  or  appurtenance  thereto  except  from  the  income  thereof  unless  the 
expenditure  is  approved  by  a  majority  of  all  those  voting  at  a  general 
election. 


Article  XIV. 


No  change. 


AMENDMENTS  TO  THE  CONSTITUTION. 

Schedule. 


In  section  8  in  the  second  paragraph  the  word  “his”  in  the  last  line 
but  one  of  the  second  paragraph  was  changed  to  the  word  “that”.  The 
last  two  sentences  of  the  third  paragraph  of  the  section  were  stricken  out. 
The  section  as  revised  reads  as  follows: 

Section  8.  On  the  day  this  constitution  is  submitted  to  the  people  for 
ratification  an  election  shall  be  held  for  a  justice  of  the  supreme  court  in 
the  first  judicial  district  designated  by  this  constitution.  Every  person  in 
that  judicial  district  who  is  entitled  to  vote  for  this  constitution  shall  be 
entitled  to  vote  for  such  justice.  The  election  shall  otherwise  be  con¬ 
ducted,  returns  made  and  certificate  of  election  issued  in  accordance  with 
existing  laws.  If  it  appears  upon  the  canvassing  of  the  votes  for  and  against 
this  constitution  that  this  constitution  is  not  adopted,  then  no  certificate 
of  election  shall  be  issued  for  such  justice.  If  he  is  elected  and  commis¬ 
sioned,  such  justice  shall  hold  office  until  the  first  Monday  of  June,  nineteen 
hundred  thirty-three.  He  shall  not  enter  upon  the  discharge  of  his  duties 
until  the  first  Monday  of  June,  nineteen  hundred  twenty-four,  unless  prior 
to  that  time  there  is  a  vacancy  in  the  supreme  court  from  any  district,  in 
which  case  he  shall  fill  such  vacancy  until  the  first  Monday  of  June,  nineteen 
hundred  twenty-four. 

When  the  term  of  office  of  the  justice  residing  in  the  second  district 
under  this  constitution  (elected  from  the  sixth  district  under  the  consti¬ 
tution  of  eighteen  hundred  seventy)  expires  on  the  first  Monday  of  June, 
nineteen  hundred  twenty-four,  that  office  shall  cease  to  exist. 

Successors  to  the  justices  now  in  office  shall  be  elected  on  the  first 
Monday  of  June  in  the  years  in  which  their  respective  terms  expire.  One 
justice  for  the  first  district  shall  be  elected  for  a  term  to  expire  on  the 
first  Monday  in  June,  nineteen  hundred  thirty-five;  a  justice  for  the  fifth 
district  shall  be  elected  for  a  term  to  expire  on  the  first  Tuesday  after  the 
first  Monday  in  November,  nineteen  hundred  thirty-five;  justices  for  the 
fourth  and  sixth  districts  shall  be  elected  for  terms  to  expire  on  the  first 
Tuesday  after  the  first  Monday  in  November,  nineteen  hundred  thirty-three; 
a  justice  for  the  third  district  shall  be  elected  for  a  term  to  expire  on  the 
first  Tuesday  after  the  first  Monday  in  November,  nineteen  hundred  thirty- 
seven;  and  a  justice  for  the  second  district  shall  be  elected  for  a  term  to 
expire  on  the  first  Tuesday  after  the  first  Monday  of  November,  nineteen 
hundred  thirty-nine. 

Section  13.  The  words  “on  the  seventh  day  of  May”  were  changed  to 
read  “May  seventh.”  In  the  fourth  paragraph  of  the  section  the  word  “and” 
was  inserted  in  lieu  of  the  comma  after  the  words  “nineteen  hundred 
twenty-six”.  The  section  as  revised  reads  as  follows: 

Section  13.  The  judges  of  the  circuit,  superior,  county  and  probate 
courts  of  Cook  county  and  the  chief  justice  of  the  municipal  court  of  Chi¬ 
cago  in  office  on  May  seventh,  nineteen  hundred  twenty-three  (except  the 
judges  of  the  circuit  and  superior  courts  of  Cook  county  made  judges  of 
the  appellate  court  of  the  first  district  by  the  adoption  of  this  constitution 
whose  offices  as  judges  of  the  circuit  and  superior  courts  of  Cook  county 
thereby  cease  to  exist)  shall  be  judges  of  the  circuit  court  of  Cook  county 
as  thus  consolidated  and  shall  continue  to  hold  office  during  the  terms  for 
which  they  are  respectively  elected  or  appointed  and  until  their  successors 


1922.] 


CONSTITUTIONAL  CONVENTION. 


825 


are  elected  and  qualified.  The  associate  judges  of  the  municipal  court  of 
Chicago  in  office  on  May  seventh,  nineteen  hundred  twenty-three,  shall  be 
associate  judges  of  the  circuit  court  of  Cook  county  as.  thus  consolidated 
and  shall  continue  to  hold  office  during  the  terms  for  which  they  are  re¬ 
spectively  elected  or  appointed  and  until  the  first  Monday  of  June  next 
following,  respectively,  when  their  respective  offices  as  associate  judges  of 
that  court  shall  be  abolished.  There  shall  be  elected  to  the  office  of  judge 
of  the  circuit  court  of  Cook  county  for  terms  of  six  years,  except  as  herein¬ 
after  otherwise  specifically  provided,  on  the  first  Monday  of  June  of  the 
years  following.  In  nineteen  hundred  twenty-three,  nine  judges  as  suc¬ 
cessors  to  the  judges  whose  terms  expire  in  that  year;  in  nineteen  hundred 
wen  y-five,  one  judge  as  successor  to  the  judge  whose  term  expires  in 
nineteen  hundred  twenty-four  and  one  judge  as  successor  to  the  judge  whose 
term  expires  in  nineteen  hundred  tw'enty-five  together  with  eight  additional 
judges;  m  nineteen  hundred  twenty-seven,  two  judges  as  successors  to  the 
judges  whose  terms  expire  in  the  year  nineteen  hundred  twenty-six,  and 
seventeen  judges  as  successors  to  the  judges  whose  terms  expire  in  the 
year  nineteen  hundred  twenty-seven;  in  nineteen  hundred  twenty-seven 
eight  additional  judges  for  terms  of  four  years;  and  in  nineteen  hundred 
twenty-nine,  four  judges  as  successors  to  the  judges  whose  terms  expire  in 
the  year  nineteen  hundred  twenty-eight,  nine  judges  as  successors  to  the 
^  w.  se  terms  expire  in  the  year  nineteen  hundred  twenty-nine  to¬ 

gether  with  eight  additional  judges,  one  of  whom  shall  hold  office  for' the 
term  of  two  years. 

S^fion  The  words  “first  day  of  May”  were  changed  to  read  “May 
seventh  .  The  section  as  revised  reads  as  follows- 

Section  27^  Prom  and  after  May  seventh,  nineteen  hundred  twenty- 
three,  and  until  otherwise  provided  by  law,  all  matters  of  fees  and  costs 
connected  with  proceedings  in  the  circuit  court  of  Cook  county  shall  he 
regulated  by  rules  to  be  adopted  by  the  supreme  court 

„  ?ectJ,on^  The.  words  “the  adoption  of”  were  inserted  after  the  word 
against  .  The  section  as  revised  reads  as  follows: 

...  sJcti°n  3j-  The  ballots  cast  for  and  against  the  adoption  of  this  con¬ 
stitution  shall  be  received  and  canvassed  by  the  judges  and  clerks  of  such 
election  and  returned  as  provided  by  law'  for  general  elections 

Section  132.  Remove  the  comma  in  the  fifth  line  after  the  word  “years.” 

Section  lo6.  Insert  a  comma  after  the  word  “cent”  in  the  third  line 

“court  »SeCUOn  175  change  the  word  “clerk”  the  last  word  in  the  section  to 

Remove  the  period  after  the  word  “Section  ” 

Insert  a  comma  after  the  word  “Chicago”  in  the  first  line. 
Insert  a  comma  after  the  word  “fifteen”  in  the  third  line. 

,,  In  second  line  of  the  second  paragraph  take  out  the 

comma  after  the  word  thereafter.” 

Section  201,.  Made  a  solid  paragraph  to  read  as  follows: 

Section  201,'.  No  officer  of  this  state  shall  be  beneficially  interested 
directly  or  indirectly  in  any  contract  with  the  state.  No  officer  of  any  sub¬ 
division  of  the  state  or  of  any  municipal  corporation  or*  of  any  board  or 
commission  shall  be  beneficially  interested  directly  or  indirectly  in  any 
contract  with  the  particular  body  of  which  he  is  an  officer.  '  Y 

Action  /9  °  Tht6  f^edule:  Made  a  solid  paragraph  to  read  as  follow's: 

*  //  ° JS’  Th  Judges  of  the  county  and  probate  courts  (in  counties 
er  than  the  county  of  Cook)  in  office  on  December  third,  nineteen  hun- 

at  wh  chHmi'Z'^f  bfe>,d8eS,0f„the  COUnty  co"rt  as  thas  consolidated, 
at  which  time  the  office  of  judge  of  the  probate  court  or  probate  judge  shall 

1Sh^d’  -Sha11  h°lfl  °ffiCe  during  the  terms  for  which  they  were 

elected  and  until  their  successors  are  elected  and  qualified.  Counties  having 

La  PU  atli°n+0f-  TS  than  seyonty-five  thousand,  which  have  a  county  judge 
and  a  l,r°hate  judge  at  the  time  of  the  adoption  of  this  constitution  shall 
elect  in  nineteen  hundred  twenty-seven  two  county  judges.  ’ 

And  recommended  that  the  report  of  the  Committee  on  Phraseology 
and  Style,  as  amended,  do  pass. 


Section  178. 
Section  170. 
Section  187. 
Section  102. 


8*26 


JOURNAL  OF  THE 


[June  28, 


And  the  report  of  the  committee  was  concurred  in. 

By  unanimous  consent,  the  rule  requiring  the  document  to  be 
printed  was  suspended. 

Whereupon,  Mr.  Davis  moved  that  the  Constitution  as  a  unit,  as 
reported  from  the  Committee  of  the  Whole,  to  this  Convention,  be  now 
placed  on  the  order  of  third  reading. 

And  on  that  motion  a  call  of  the  roll  was  had,  resulting  as  follows : 
Yeas,  59 ;  navs,  0. 


Adams 

Adamkiewicz 

Barr 

Brenholt 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 

Cruden 


oting  in  the  affirmative  are : 

Messrs. 

Cutting 

Green 

Meinert 

Smith 

Davis 

Hogan 

Mills 

Sneed 

Dawes 

Hull 

Moore 

Sutherland 

Dietz 

Ireland 

Nichols 

Taff 

Dryer 

Jack 

O’Brien 

Todd 

Dunlap 

Jarman 

Paddock 

Trautmann 

Dupuy,  G.  A. 

Johnson,  L.  C. 

Pinnell 

Wall 

Elting 

Johnson,  W.  A. 

Rinaker 

Warren 

Garrett 

Kerrick 

Scanlan 

Whitman 

Gilbert 

Lill 

Shanahan 

Wilson 

Goodyear 

Lindly 

Shuey 

Mr.  President 

Gray 

Mack 

Six 

Yeas — 

59. 
Nays — 0. 


And  the  motion  prevailed. 

The  question  then  being  on  the  passage  and  adoption  of  the  Ke- 
vised  Constitution  as  a  whole  or  unit  on  third  reading,  a  call  of  the  roll 
was  had,  resulting  as  follows:  Yeas,  59;  navs,  0. 

Messrs. 


rl  hose  voting  in  the  affirmative  are : 


Adams 

Adamkiewicz 

Barr 

Brenholt 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 

Cruden 


Cutting1 

Davis 

Dawes 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Biting 

Garrett 

Gilbert 

Goodyear 

Gray 


Green 

Hogan 

Hull 

Ireland 

Jack 

Jarman 

Johnson,  L.  C. 

Johnson,  W.  A. 

Kerrick 

Lill 

Lindly 

Mack 


Meinert 

Mills 

Moore 

Xichols 

O'Brien 

Paddock 

Pinnell 

Rinaker 

Scanlan 

Shanahan 

Shuey 

Six 


Smith 

Sneed 

Sutherland 

Taff 

Todd 

Trautmann 

Wall 

W  arren 

Whitman 

Wilson 

Mr.  President 

Teas — 59. 


mi  / .  .  .  .  Nays — 0. 

1  ne  Constitution,  having  received  the  votes  on  third  reading  of  a 
majority  of  the  Delegates  elected,  was  declared  passed. 

Trautmann  moved  that  the  Committee  on  Phraseology  and 
Style  now  proceed  to  engross  and  enroll  the  Constitution. 

And  the  motion  prevailed. 

Mi.  Datis  ga^ e  notice  that  on  the  next  Convention  dav  he  would 
move  to  reconsider  the  vote  by  which  the  Constitution  had  passed. 

Mr.  Clarke  gave  notice  that  on  the  next  Convention  dav  he  would 
move  to  reconsider  the  vote  by  which  the  Constitution  had  passed,  for 
the  specific  and  only  purpose  of  making  such  corrections  and  alterations 
as  mat  lie  deemed  necessary  to  perfect  and  complete  the  document. 

3D .  Green  moted  that  when  the  Convention  adjourns  today  it  stand 
adjourned  until  Tuesday,  September  12,  1922,  at  10:00  o’clock  a.  m. 

And  the  motion  prevailed. 

Mr.  A  ilson  o  lie  red  the  lollowing  resolution,  which  was  adopted  by 
a  unanimous  vote: 

Resolved  That  this  Convention  express  its  sympathy  for  their  affliction 
Pearce3  regretS  for  the  enforrefl  absence  of  Delegates  Gale,  McGuire  and 


1922.1 


CONSTITUTIONAL  CONVENTION. 


827 


At  the  hour  of  5 :10  o’clock  p.  m.,  Mr.  Green  moved  that  the  Con- 
vention  do  now  adjourn. 

The  motion  prevailed. 

And  in  accordance  with  the  motion  heretofore  adopted  the  Con¬ 
vention  stood  adjourned  until  Tuesday,  September  12,  1922  at  10  -00 
o  clock  a.  m. 


828 


JOURNAL  OF  THE 


[Sept.  12, 


TUESDAY,  SEPTEMBER  12,  19 22,  10:00  O’CLOCK  A.  M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

Prayer  was  offered  by  Dr.  A.  E.  Turner,  President  of  Lincoln 
College,  of  Lincoln. 

rlhe  Journal  of  Tuesday,  June  27th,  having  been  printed  and  placed 
on  the  desks  of  the  Delegates,  as  provided  under  the  rules,  was  taken 
up  and  no  corrections  appearing,  was  ordered  to  stand  approved. 

In  accordance  with  the  resolution  adopted  April  25th,  the  Secre¬ 
tary  called  the  roll  of  the  Convention,  which  resulted  as  follows : 
Present,  81. 

Those  answering  present  were  :  Messrs. 


Adams 

Dawes 

Green 

McEwen 

Shanahan 

Adamkiewicz 

De  Young 

Hamill 

Meinert 

Shuey 

Baldwin 

Dietz 

Hollenbeck 

Michal 

Six 

Barr 

Dryer 

Hull 

Miller 

Smith 

Beckman 

Dunlap 

Iarussi 

Mills 

Sutherland 

Brandon 

Dupuy,  G.  A. 

Ireiand 

Moore 

Taff 

Brenholt 

Elting 

Jack 

Nichols 

Todd 

Brewster 

Fifer 

Jarman 

O’Brien 

Torrance 

Cary,  C.  D. 

Frole 

Johnson,  L.  C. 

Paddock 

Wall 

Carlstrom 

Fyke 

Johnson,  W.  A. 

Parker 

W  arren 

Catron 

Gale 

Kerrick 

Pincus 

Whitman 

Chew 

Ganschow 

Kunde 

Pinnell 

Wilson 

Clarke 

Garrett 

Latchford 

Quinn 

Wolff 

Coolley 

Gee 

Lill 

Rinaker 

Woodward 

Corlett 

Gilbert 

Lindly 

Rosenberg 

Mr.  President 

Cruden 

Davis 

Goodyear 

Gray 

Mack 

Scg,nlan 

Present — 

By  unanimous  consent,  Mr.  McGuire  was  excused  from  attendance 
at  the  sessions  of  the  Convention  today,  on  account  of  illness. 

The  President  laid  before  the  Convention  the  following  communi¬ 
cation,  which  was  read  at  large  by  the  Secretary,  as  follows : 

Sprixgfield,  III.,  September  6,  1922. 
To  the  President  and  Members  of  the  Constitutional  Convention : 

In  view  of  the  fact  that  I  will  be  out  of  the  State  and  not  able  to  attend 
the  meeting  of  the  Convention  when  it  reconvenes  on  September  12th,  I 
hereby  request  unanimous  consent  to  be  recorded  in  favor  of  voting  in  the 
affirmative  on  the  following  propositions: 

(1)  On  the  motion  to  reconsider  the  vote  by  which  the  Constitution 
was  adopted. 

(2)  On  the  motion  to  reopen  the  Judicial  Article  for  the  purpose  of 
amending  sections  87,  88  and  89,  the  substance  of  the  same  being  to  provide 
for  nine  members  of  the  Supreme  Court  instead  of  seven  . 

(3)  On  the  amendments  offered  to  these  three  sections,  as  indicated 
above. 

(4)  On  the  motion  to  reopen  the  Article  on  Suffrage  and  Elections  for 
the  purpose  of  amending  section  136  so  that  the  one  election  day  a  year 
provision  will  not  apply  to  the  election  of  judges  of  the  Supreme  Court  in 
the  Seventh  Judicial  District  in  the  counties  other  than  Cook. 

(5)  On  the  motion  amending  section  136,  as  above  indicated. 

(6)  On  the  motion  to  reopen  the  schedule  for  the  purpose  of  amending 
section  8  to  conform  with  the  changes  proposed  to  sections  87,  88  and  89  of 


1922.] 


CONSTITUTIONAL  CONVENTION. 


829 


the  Constitution  so  that  two  judges  may  be  voted  for  on  December  12th  and 
that  provision  is  made  for  the  election  of  the  other  seven  judges 

(7)  On  the  motion  to  amend  section  8  of  the  schedule,  as  above  indi- 
catea. 

(Signed)  W.  E.  Trautmann. 

t  nanimous  consent  being  refused,  the  foregoing  request  could  not 
be  granted. 

Mr.  Davis,  in  accordance  with  his  notice  of  June  28th,  moved  to 
reconsider  the  vote  by  which  the  proposed  Constitution  had  passed. 

The  question  being  on  the  motion  to  reconsider,  a  division  of  the 
Convention  was  had,  resulting  as  follows:  Yeas,  43;  nays.  27. 

The  motion  prevailed. 

And  the  proposed  Constitution  was  again  taken  up. 

Y  hereupon  Mr.  Green  asked  unanimous  consent  to  reconsider  the 
vote  by  which  sections  87,  88,  89,  91  and  13(1,  of  the  proposed  Consti¬ 
tution,  and  section  8  of  the  Schedule,  were  adopted. 

.  .  ^nanimous  consent  being  refused,  Mr.  Green  moved  that  the  pro¬ 
visions  of  Paragraph  11,  of  Rule  22,  be  suspended  for  the  sole  and  only 
purpose  of  offering  amendments  to  sections  87,  88,  89,  91  and  136  of  the 
proposed  Constitution,  and  section  8  of  the  Schedule. 

And  on  that  motion  a  division  of  the  Convention  was  had,  resulting 
as  follows :  Yeas,  51;  nays,  20. 

The  motion  prevailed. 

And  the  rules  were  suspended. 

qo  G-,re?n  moved  to  reconsider  the  vote  by  which  sections  87,  88. 

el  '  1  and  of  the  proposed  Constitution,  and  section  8,  of  the 
Schedule,  were  adopted. 

And  the  motion  prevailed. 

^eenn  thereupon  offered  the  following  as  a  substitute  for  sec- 
ions  87,  88  89  91  and  136,  of  the  proposed  Constitution,  and  section 
0±  the  Schedule,  and  moved  its  adoption: 

Section  87.  The  Supreme  Court  shall  consist  of  nine  justices  one  of 
whom  to  be  chosen  by  themselves  shall  be  chief  justice.  311311(368  one  ot 

Section  88.  The  State  shall  be  divided  into  seven  districts  for  the  elec¬ 
tion  of  justices.  The  district  including  the  County  of  Cook  shall  elect  three 
justices,  not  more  than  two  of  whom  shall  at  the  time  of  their  reshcUve 

elect'one  justice  M^tVoSe  C°Unty'  Efch  °£  the  other  six  distri<=ts  shall 
remain  as  at  he  til  ,  i  f6  Provided  by  law,  the  seven  districts  shall 
remain  as  at  the  time  of  the  adoption  of  this  Constitution. 

Section  89.  One  justice  shall  be  elected  in  the  first  district  in  nineteen 
"ed  t,hlrt/-t5r6e.;  one  Justice  shall  be  elected  in  the  second  district  In 
nineteen  hundred  thirty-five;  one  justice  shall  be  elected  in  the  third  district 
in  nineteen  hundred  thirty-three;  one  justice  shall  be  elected  in  the  fourth 

flfthYstn-c?1^16™  iu,nclrv,e<,  thirty-nine;  one  justice  shall  be  elected  in  the 

fn  the  Sixth  ,Hstrmf  en  hU?t,red,  thirty-seven;  one  justice  shall  be  elected 
t  e  i  sixth  district  in  nineteen  hundred  thirty-seven;  one  justice  shall  be 

elected  in  the  seventh  district  in  nineteen  hundred  thirty-one;  one  justice 
.  af  belf  ln  the  seventh  district  in  nineteen  hundred  thirty-three-  one 
jus  me  shall  be  elected  in  the  seventh  district  in  nineteen  hundred  thirty-five. 

jus  ices  from  the  seventh  district  shall  be  elected  on  the  first  Mondav 
of  June  in  the  years  in  which  their  terms  expire  and  the  justices  from  thp 
firs  .second,  third,  fourth,  fifth  and  sixth  districts  shall be e  ected on  he 
firs  Tuesday  after  the  first  Monday  of  November  in  the  years  Tn  which 

RSTS  hisPe,eectfone  °f  °£  eMh  *Sti“  ^MaViS 


830 


JOURNAL  OF  THE 


[Sept.  12, 


Section  91.  The  Supreme  Court  shall  sit  at  the  seat  of  government, 
v-  ma joi  it>  of  the  justices  shall  constitute  a  quorum  and  the  concurrence  of 
five  shall  be  necessary  for  every  decision. 

Section  136.  In  that  part  of  the  State  outside  of  the  County  of  Cook 
no  final  election  of  officers,  except  justices  of  the  Supreme  Court  in  the  dis¬ 
trict  of  which  the  County  of  Cook  is  a  part,  shall  be  held  save  on  the  first 
Tuesday  aftei  the  first  Monday  of  November  which  shall  be  a  holiday;  but 
after  the  first  day  of  January,  nineteen  hundred  twenty-seven,  the  General 
Assembly  by  a  vote  of  two-thirds  of  the  members  elected  to  each  House  may 
provide  for  the  election  of  officers  at  other  times. 

.  Section  8.  On  the  day  this  Constitution  is  submitted  to  the  people  for 
l  atification  an  election  shall  be  held  for  two  justices  of  the  Supreme  Court 
in  the  Seventh  Judicial  District.  Every  person  in  that  judicial  district  who 
is  entitled  to  vote  for  this  Constitution  shall  be  entitled  to  vote  for  such 
justices.  The  election  shall  otherwise  be  conducted,  returns  made  and  cer¬ 
tificates  of  election  issued  in  accordance  with  existing  laws.  If  it  appears 
upon  the  canvassing  of  the  votes  for  and  against  this  Constitution  that  this 
Constitution  is  not  adopted,  then  no  certificates  of  election  shall  be  issued 
for  such  justices.  If  they  are  elected  and  commissioned  such  justices  shall 
hold  office,  one  until  the  first  Monday  of  June,  nineteen  hundred  thirty-one 
and  one  until  the  first  Monday  of  June,  nineteen  hundred  thirty-three. 

Successoi  s  to  the  justices  now  in  office  shall  be  elected  in  the  seventh 
district  on  the  first  Monday  of  June  and  in  the  other  districts  on  the  first 
Tuesday  after  the  first  Monday  of  November  in  the  years  in  which  their 
respective  terms  expire.  One  justice  for  each  of  the  first  and  third  districts 
shall  be  elected  for  a  term  to  expire  on  the  first  Tuesday  after  the  first 
Monday  of  November,  nineteen  hundred  thirty-three;  one  justice  for  the 
second  district  shall  be  elected  for  a  term  to  expire  on  the  first  Tuesday 
after  the  first  Monday  of  November,  nineteen  hundred  thirty-five;  one  justice 
for  the  fourth  district  shall  be  elected  for  a  term  to  expire  on  the  first  Tues¬ 
day  after  the  first  Monday  of  November,  nineteen  hundred  thirty-nine;  one 
justice  for  each  of  the  fifth  and  sixth  districts  shall  be  elected  for  a  term 
to  expire  on  the  first  Tuesday  after  the  first  Monday  of  November,  nineteen 
hundred  thirty-seven;  one  justice  for  the  seventh  district  shall  be  elected 
for  a  term  to  expire  on  the  first  Monday  of  June,  nineteen  hundred  thirty- 
five. 

Pending  discussion,  Mr.  DeYoung  offered  the  following  amend¬ 
ment  to  the  substitute,  and  moved  its  adoption: 

Amend  the  substitute  by  striking  out  of  section  88,  after  the  word 
“justices”  in  the  third  line  thereof,  the  words:  “not  more  than  two  of  whom 
shall  at  the  time  of  their  respective  elections  reside  in  the  same  county.” 

Mr.  Corlett  raised  the  point  of  order  that  the  amendment  was  out 
of  order  for  the  reason  that  Mr.  Green  had  moved  to  suspend  the  rules 
for  a  specific  purpose,  which  would  not  include  the  amendment  offered 
b}7  Mr.  DeYoung. 

And  the  point  of  order  was  sustained. 

Pending  further  discussion,  Mr.  Whitman  moved  the  previous 
question. 

And  the  question  being,  “Shall  the  main  question  he  now  put?”  it 
was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  substitute  for  sec¬ 
tions  87,  88,  89,  91  and  136,  of  the  proposed  Constitution,  and  section 
8,  of  the  Schedule,  a  call  of  the  roll  was  had,  resulting  as  follows : 
Yeas,  57;  na}rs,  24. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


831 


Barr 
Beckman 
Brandon 
Brenholt 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 


Gilbert 

Goodyear 

Gray 

Green 

Hamill 

Hull 

Ireland 

Jack 

Johnson,  L.  C. 
Lindly 
McEwen 


Messrs. 

Meinert 

Miller 

Mills 

Moore 

Nichols 

Paddock 

Quinn 

Rinaker 

Scanlan 

Shanahan 

Six 


Messrs. 

Michal 
O’Brien 
Parker 
Pincus 
Pinr.ell 


Smith 

Sutherland 

Torrance 

Wall 

W  arren 

Whitman 

Wilson 

Wolff 

Woodward 

Mr.  President 

Yeas — 57. 


Rosenberg 
Shuey 
Taff 
Todd 

Nays — 24. 


Those  voting  in  the  affirmative  are: 

Adams  Cruden  Gee 

Davis 
Dawes 
De  Young 
Dietz 
Dryer 
Dunlap 
Dupuy,  G.  A. 

Elting 
Fyke 
Gale 

Garrett  _ 

Those  voting  in  the  negative  are : 

Adamkiewicz  Ganschow  Kerrick 

Baldwin  Hollenbeck  Kunde 

Brewster  Iarussi  Latchford 

Jarman  Lili 

±'Y0le  Johnson,  W.  A.  Mack  ^ 

rwwp/pn  ^  lUbstitut  i  for  sections  87,  88,  89,  91  and  136,  oftoeTro- 
posed  Constitution,  and  section  8,  of  the  Schedule,  was  adopted.  ‘ 

Jlr.  Jarman  asked  unanimous  consent  to  suspend  the  rules  for  the 
Constitution  ffenng  *  SpeClfi°  amendment  to  section  39,  of  the  proposed 

Unanimous  consent  being  granted,  Mr.  Jarman  moved  to  reconsider 
the  vote  by  which  section  39  was  adopted. 

And  the  motion  prevailed. 

sectimfr89Jalmian  the,re"Pon,  oflered  the  following  as  a  substitute  for 
section  39,  and  moved  its  adoption: 

Amend  section  39  by  substituting  therefor  the  following- 
beet  ion  39.  No  subject  matter  shall  be  included  in  anv  Confcrpncp 

di°r“Tlv  relateTto  m“  ter“s  appl?Priation.  btin  ™less  such  subject  matter 
speciflcallv  referrefl  °r  d'fference  between  the  Houses  and  has  been 

i  ‘  retei red  to  the  Conference  Committee.  No  appropriation  hill 

all  be  passed  and  no  report  of  any  Conference  Committee  on  an  approoria 
tion  bill  shall  be  considered  unless  the  bill  or  report  lias  been  printed  in  its' 
nal  form  and  placed  on  the  desks  of  the  members  at  least  three  legislative 
days  prior  to  the  final  passage  of  the  bill  or  the  consideration  of the ^  report  ® 

-The  question  being  on  the  adoption  of  the  substitute,  a  call  of  the 
loll  uas  had,  resulting  as  follows:  Yeas,  78;  nays  0. 

rT^  1 1  n  /%  /si.  !  *  j  1  nr*  i  •  _ 


Tliose  voting  in  the  affirmative  are : 

Davis 


Adams 
Adamkiewicz 
Baldwin 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Catron 
Chew 
Clarke 
Coolley 
Corlett 
Cruden 


Dawes 

De  Young 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Elting 

Fifer 

Frole 

Fyke 

Gale 

Ganschow 
Garrett 
Gee 
Gilbert 


Goodyear 
Gray 
Green 
Hamill 
Hollenbeck 
Hull 
Iarussi 
Ireland 
Jack 
Jarman 
Johnson,  L.  C. 
Johnson,  W.  A. 
Kerrick 
Kunde 
Latchford 
Lill 


Messrs. 

Lindly 

Mack 

McEwen 

Meinert 

Michal 

Miller 

Mills 

Moore 

Nichols 

O’Brien 

Paddock 

Parker 

Pincus 

Pinnell 

Quinn 


Rinaker 

Rosenberg 

Shanahan 

Six 

Smith 

Sutherland 

Taff 

Todd 

Torrance 

Warren 

Whitman 

Wilson 

Wolff 

Woodward 

Mr.  President 

Yeas — 78. 


And  the  substitute  for  section  39  was  adopted. 

Mr-  ?aIis  asked  unanimous  consent  to  suspend  the  rules  for  the 
Constitution  enng  8  amendment  to  secti°n  195,  of  the  proposed 

Unanimous  consent  being  granted,  Mr.  Davis  moved  to  reconsider 
the  vote  by  which  section  195  was  adopted. 


832 


JOURNAL  OF  THE 


[Sept.  12, 


And  the  motion  prevailed. 

Mr.  Davis  thereupon  offered  the  following  as  a  substitute  for  sec¬ 
tion  195,  and  moved  its  adoption : 

Amend  section  195  by  substituting  therefor  the  following: 

“Section  195.  To  hold  any  office  created  by  this  Constitution  a  person 
shall  be  a  citizen  of  the  United  States,  resident  in  this  State  one  year  and 
able  to  read  and  write  the  English  language.” 


The  question  being  on  the  adoption  of  the  substitute,  a  call  of  the 
roll  was  had,  resulting  as  follows :  Yeas,  76 ;  nays,  2. 


Those  voting  in  the  affirmative  are 

:  Messrs. 

Adams 

Dawes 

Gray 

Lindly 

Rosenberg 

Adamkiewicz 

De  Young 

Green 

Mack 

Shanahan 

Baldwin 

Dietz 

Hamill 

McEwen 

Six 

Barr 

Dryer 

Hollenbeck 

Meinert 

Smith 

Beckman 

Dunlap 

Hull 

Michal 

Sutherland 

Brandon 

Dupuy,  G.  A. 

Iarussi 

Miller 

Todd 

Brenholt 

Elting 

Ireland 

Mills 

Torrance 

Cary,  C.  D. 

Fifer 

Jack 

Moore 

Wall 

Carlstrom 

Frole 

Jarman 

Nichols 

Warren 

Catron 

Fyke 

Johnson,  L.  C. 

O’Brien 

Whitman 

Chew 

Gale 

Johnson,  W.  A. 

Paddock 

Wilson 

Clarke 

Ganschow 

Kerrick 

Parker 

Wolft 

Coolley 

Garrett 

Kunde 

Pincus 

Woodward 

Corlett 

Gee 

Latchford 

Pinnell 

Mr.  President 

Cruden 

Davis 

Gilbert 

Goodyear 

Lill 

Quinn 

Yeas — 76 

Those 

Rinaker 

voting  in  the 

Taff 

negative  are : 

Messrs. 

Nays — 2 

And  the  substitute  for  section  195  was  adopted. 

Mr.  Sutherland  asked  unanimous  consent  to  suspend  the  rules  for 
the  purpose  of  offering  a  specific  amendment  to  section  1,  of  the 
Schedule. 

Unanimous  consent  being  refused,  Mr.  Sutherland  moved  to  sus¬ 
pend  the  rules  for  that  purpose. 

And  the  question  being  on  the  motion  to  suspend  the  rules,  a  divi¬ 
sion  of  the  Convention  was  had,  resulting  as  follows:  'Yeas,  55; 
nays,  11. 

The  motion  prevailed. 

And  the  rules  were  suspended. 

Mr.  Sutherland  moved  to  reconsider  the  vote  by  which  section  1, 
of  the  Schedule,  was  adopted. 

And  the  motion  prevailed. 

Whereupon  Mr.  Sutherland  offered  the  following  as  a  substitute  for 
section  1,  of  the  Schedule,  and  moved  its  adoption  : 

Amend  section  1,  by  substituting  therefor  the  following: 

“Section  1.  All  laws  in  force  at  the  adoption  of  this  Constitution  not 
inconsistent  therewith  and  all  rights,  actions,  prosecutions,  claims  and 
contracts  of  this  State  or  of  individuals  or  of  bodies  corporate  shall  con¬ 
tinue  to  be  as  valid  as  if  this  Constitution  had  not  been  adopted,  and  that 
section  5  of  article  11  of  the  present  Constitution  shall  continue  in  full  force 
and  effect  until  the  first  day  of  July,  1925.” 

Mr.  Michal  moved  to  lay  the  substitute  on  the  table. 

And  the  motion  was  lost. 

The  question  recurring  on  the  adoption  of  the  substitute  for  sec¬ 
tion  1,  of  the  Schedule,  the  same  was,  by  unanimous  consent,  withdrawn. 

Mr.  Sutherland  thereupon  offered  the  following  as  a  substitute  for 
section  1,  of  the  Schedule,  and  moved  its  adoption : 


1922.] 


CONSTITUTIONAL  CONVENTION. 


833 


Amend  section  1  by  substituting  therefor  the  following: 

iT,n««S-e+tl0?+l"  A1Liaws  in  foUe  at  the  adoption  of  this  Constitution  not 
tra^flS1Sfe^-tho!e7lth  and  a11  rights’  actions,  prosecutions,  claims  and  con¬ 
tracts  ot  this  State  or  of  individuals  or  of  bodies  corporate  shall  continue 
to  be  as  valid  as  if  this  Constitution  had  not  been  adopted.  An  Act  entitled. 

n  Act  to  revise  the  law  in  relation  to  banks  and  banking,’  approved  June 
twenty-third  nineteen  hundred  nineteen,  shall  continue  in  force  unchanged 
until  the  first  day  of  July,  nineteen  hundred  twenty-five  and  thereafter  until 
revised,  repealed  or  amended.” 

The  question  then  being  on  the  adoption  of  the  substitute,  a  call 


of  the  roll  was  had,  resulting  as  follows: 
Those  voting  in  the  affirmative  are : 


Adams 
Adamkiewicz 
Baldwin 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Carlstrom 
Catron 
Chew 
Clarke 


Yeas,  59 ;  nays,  15. 
Messrs. 


Coolley 
Corlett 
Cruden 
Davis 
Dawes 
De  Young 
Dietz 
Dryer 
Dunlap 
Dupuy,  G.  A. 
Fyke 


Gar.schow 
Garrett 
Gee 
Gilbert 
Goodyear 
Gray 
Green 
Hollenbeck 
Iarussi 
Ireland 
Jack 
Kunde 


Latchford 

Lill 

Lindly 

Mack 

McEwen 

Meinert 

Miller 

Mills 

Moore 

O’Brien 

Paddock 

Parker 

Messrs. 

Pincus 

Taff 

Torrance 


Pinnell 

Rinsker 

Rosenberg 

Shanahan 

Six 

Smith 

Sutherland 

Wall 

Wilson 

Woodward 

Mr.  President 

Yeas — 59. 


Warren 

Whitman 


Gale 

Those  voting  in  the  negative  are 

Cary,  C.  D.  Hamill  Kerrick 

Elting  Hull  '  Michal 

Eifer  Johnson,  W.  A.  Nichols 

Frole  -» y 

.  ,  _  Nays — 15. 

And  the  substitute  for  section  1,  of  the  Schedule,  was  adopted. 

Mr.  W  ilson  asked  unanimous  consent  to  suspend  the  rules  for  the 

purpose  of  offering  a  specific  amendment  to  section  142,  of  the  proposed 
Constitution. 

L  nanimous  consent  being  refused,  Mr.  Wilson  moved  to  suspend 
the  rules  for  that  purpose. 

And  the  question  being  on  the  motion  to  suspend  the  rules,  a  divi¬ 
sion  of  the  Convention  was  had,  resulting  as  follows"  Yea«  4]  • 
nays,  31.  '  ’  ’ 

The  motion,  having  failed  to  receive  a  two-thirds  vote,  was  de¬ 
clared  lost. 

And  the  Convention  refused  to  suspend  the  rules. 

Mr.  Green  asked  unanimous  consent  to  suspend  the  rules  for  the 

purpose  of  offering  a  specific  amendment  to  section  142,  of  the  proposed 

Constitution. 

Unanimous  consent  being  refused,  Mr.  Green  moved  to  suspend  the 

rules  for  that  purpose. 

.  *he  question  being  on  the  motion  to  suspend  the  rules,  a 

division  of  the  Convention  was  had,  resulting  as  follows:  Yeas  50- 
nays,  16. 

The  motion  prevailed. 

And  the  rules  were  suspended. 

Mr.  Green  moved  to  reconsider  the  vote  by  which  section  142  was 

adopted. 

And  the  motion  prevailed. 

Whereupon  Mi-.  Green  offered  the  following  amendment  to  section 
4v,  of  the  proposed  Constitution,  and  moved  its  adoption: 

—53  C  J 


834 


JOURNAL  OF  THE 


[Sept.  12, 


Amend  section  142  by  adding  thereto  the  following: 

The  rate  of  such  tax  shall  be  uniform  on  all  incomes  taxed  under  this 

SGC  Lion. 

Pending  discussion,  at  the  hour  of  1 :15  o’clock  p.  m.,  Mr.  Green 
moved  that  the  Convention  do  now  take  a  recess  until  2  :30  o’clock  p.  m. 
And  the  motion  prevailed. 


2  :30  o’Clock  P.  M. 


1  lie  lioui  of  2.30  o  clock  p.  m.  having  arrived,  the  Convention 
resumed  its  session. 

The  President  presiding. 

4  he  pending  question  at  the  hour  of  taking  a  recess  being  the 
amendment  to  section  142,  of  the  proposed  Constitution,  offered  by  Mr. 
Green,  the  same  was  again  taken  up. 

Pending  discussion,  Mr.  Whitman  moved  the  previous  question. 
And  the  question  being,  “Shall  the  main  question  be  now  put?” 
it  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  amendment,  it  was 
decided  in  the  affirmative. 

The  question  again  being  on  the  adoption  of  section  142,  as 

amended,  a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas  55 : 
nays,  14. 


Adams 
Barr 
Beckman 
Brenholt 
Brewster 
Cary,  C.  D. 
Carlstrom 
Chew 
Clarke 
Cruden 
Davis 
De  Young 


Those  voting  in  the  affirmative  are : 


Dietz 

Dupuy,  G.  A. 

Elting 

Fifer 

Fyke 

Garrett 

Gilbert 

Goodyear 

Gray 

Green 

Hollenbeck 


Hull 

Jack 

Jarman 

Johnson,  L.  C. 

Johnson,  W.  A. 

Kerrick 

Latchford 

Dill 

Lindly 

Mack 

Meinert 


Messrs. 

Mills 

Moore 

Nichols 

Paddock 

Parker 

Pinnell 

Quinn 

Rinaker 

Shanahan 

Shuey 

Six 


Smith 

Sutherland 

Todd 

Torrance 

Wall 

Warren 

Whitman 

Wilson 

Woodward 

Mr.  President 


Messrs. 

McEwen 
Michal 
Scanlan 


Yeas— 55. 


Taff 

Wolff 


Nays — 14. 


Those  voting  in  the  negative  are 

Baldwin  Corlett  Gale 

Brandon  Dawes  Hamill 

Coolley  Dunlap  Iarussi 

And  section  142,  as  amended,  was  adopted. 

Mr.  DeYoung  asked  unanimous  consent  to  suspend  the  rules  for  the 
purpose  of  offering  a  specific  amendment  to  section  113,  of  the  proposed 
Constitution. 


I  nanimous  consent  being  granted,  Mr.  DeYoung  moved  to  re¬ 
consider  the  vote  by  which  section  113  was  adopted. 

And  the  motion  prevailed. 

Mr.  DeA  oung  thereupon  offered  the  following  amendment  to  sec¬ 
tion  113,  and  moved  its  adoption:/ 

Amend  section  113  by  adding  after  the  word  “county”  in  the  7th  line 
thereof  the  words  “or  district.” 


And  the  amendment  was  adopted. 

4  he  question  then  being  on  the  adoption  of  section  113,  as  amended, 
a  call  of  the  roll  was  had,  resulting  as  follows :  Yeas,  72 :  navs  0 


1922.] 


CONSTITUTIONAL  CONVENTION. 


835 


Adams 
Baldwin 
Barr 
Beckman 
Brandon 
Brenholt 
Brewster 
Cary,  C.  D 
Carlstrom 
Chew 
Clarke 
Coolley 
Cruden 
Davis 
Dawes 


i 

Those  voting  in  the  affirmative  are 


De  Young 
Dietz 
Dryer 
Dunlap 
Dupuy,  G.  A. 
Elting 
Pifer 
Frole 
Fyke 
Gale 

Ganschow 
Garrett 
Gee 
Gilbert 
Goodyear 


Gray 
Green 
Hamill 
Hollenbeck 
Hull 
Iarussi 
Ireland 
Jack 
Jarman 
Johnson,  D.  C. 
Johnson,  W.  A. 
Kerrick 
Kunde 
Latchford 
Dill 


ssrs. 

Dindly 

Mack 

McEwen 

Meinert 

Michal 

Mills 

Moore 

Nichols 

Parker 

Pincus 

Pinnell 

Quinn 

Rinaker 

Scanlan 


Corlett 


Answering  present  but  not  voting:  Mr 

.J.  o  • 


Shanahan 

Shuey 

Six 

Smith 

Sutherland 

Taff 

Todd 

Wall 

Warren 

Whitman 

Wolff 

Woodward 

Mr.  President 

Yeas — 72. 

Nays — 0. 


Total — 1. 


And  section  113,  as  amended,  was  adopted. 
rmi_Tr-  'Ja™an  asked  unanimous  consent  to  suspend  the  rules  for  the 
Constitution  eim^  a  sPeci^c  amendment  to  section  104,  of  the  proposed 

hnaDimoaS  iC°nSent  bein«  refused’  Mr-  Jarman  moved  to  suspend 
the  rules  for  that  purpose.  1 

.  :^nc^  J'k®  Question  being  on  the  motion  to  suspend  the  rules,  a 
division  of  the  Convention  was  had,  resulting  as  follows :  Yeas  43  • 

nays,  19. 

The  motion  prevailed. 

And  the  rules  were  suspended. 

adopted'  Jaman  moved  to  rec°nsider  the  vote  by  which  section  104  was 
And  the  motion  prevailed. 

^hereupon  Mr.  Jarman  offered  the  following  amendment  and 
moved  its  adoption : 

Amend  section  104  by  striking  out  after  the  word  “business”  in  thP 
second  line  thereof  the  words:  “but  terms  of  court  for  any  county  or  counties 

criminal  cYes  ThTTrf/^r™^'  be  Vescribecl  by  Iaw  f°r  comm»“  law  La 

nr>on  a  .  cas®s-  The  first  Monday  of  each  month  shall  be  return  dav  for 

process  in  chancery  cases  and,  unless  otherwise  prescribed  by  law  for  anv 
county  or  counties,  in  common  law  cases.”  P  Dy  law  for  any 

And  the  amendment  was  adopted. 

1  he  question  then  being  on  the  adoption  of  section  104,  as  amended 
a  call  of  the  roll  was  had,  resulting  as  follows:  Yeas.  52:  navs  20.  ’ 

Messrs. 


Those  voting  in  the  affirmative  are : 

Davia  Goodyear 

Gray 
Hamill 
Hollenbeck 
Hull 
Ireland 
Jack 
Jarman 
Johnson,  W.  A. 
Dill 


Adams 

Barr  Dawes 

Brandon  De  Young 

Brenholt  Dietz 

Brewster  Dunlap 

Cary,  C.  D.  Dupuy,  G.  A. 

Carlstrom  Elting 

Catron  Fyke 

Chew  Gale 

Coolley  Ganschow 

Cruden  Gilbert 

Those  voting  in  the  negative  are: 

Baldwin  Garrett  Kunde 

Beckman  Green  Datchford 

Clarke  Iarussi  Mack 

Corlett  Johnson,  D.  C.  Michal 


McEwen 

Miller 

Mills 

Nichols 

Parker 

Pinnell 

Quinn 

Riraker 

Scanlan 

Shanahan 


Messrs. 

Moore 

O’Brien 

Paddock 

Rosenberg 


Shuey 

Six 

Sutherland 

Todd 

Wall 

Warren 

Wilson 

Wolff 

Woodward 

Mr.  President 

Yeas — 52. 


Smith 

Taff 

Whitman 


And  section  104,  as  amended,  was  adopted. 


Nays — 20. 


83G 


JOURNAL  OF  THE 


[Sept.  12, 


Mr.-  Dupuy  asked  unanimous  consent  to  suspend  the  rules  for  the 
purpose  of  offering  a  specific  amendment  to  section  9,.  of  the  proposed 
Constitution. 

Unanimous  consent  being  granted,  Mr.  Dupuy  moved  to  reconsider 
the  vote  by  which  section  9  was  adopted. 

And  the  motion  prevailed. 

Mr.  Dupuy  thereupon  offered  the  following  amendment  to  section 
9,  and  moved  its  adoption : 

Amend  section  9  by  striking  out  the  word  “district”  in  the  6th  line 
thereof  and  inserting  in  lieu  thereof  the  word  “circuit.” 

And  the  amendment  was  lost. 

Mr.  Hamill  moved  to  reconsider  the  vote  by  which  the  motion  to 
reconsider  the  vote  by  which  section  9  was  adopted,  was  carried. 

And  the  motion  prevailed. 

Mr.  Hamill  thereupon  moved  to  lay  the  motion  to  reconsider  on 
the  table. 

And  the  motion  prevailed. 

Mr.  Jarman  asked  unanimous  consent  to  suspend  the  rules  for  the 
purpose  of  offering  a  specific  amendment  to  section  115  of  the  proposed 
Constitution. 

Unanimous  consent  being  refused,  Mr.  Jarman  moved  to  suspend 
the  rules  for  that  purpose. 

And  the  question  being  on  the  motion  to  suspend  the  rules,  a 
division  of  the  Convention  was  had,  resulting  as  follows :  Yeas.  48 ; 
nays,  6. 

The  motion  prevailed. 

And  the  rules  were  suspended. 

Mr.  Jarman  moved  to  reconsider  the  vote  by  which  section  115 

t j 

was  adopted. 

And  the  motion  prevailed. 

Whereupon  Mr.  Jarman  offered  the  following  amendment  and 
moved  its  adoption  : 

Amend  section  115  by  striking  out  after  the  word  “business”  in  the 
second  line  thereof  the  words:  “and  the  first  Monday  of  each  month  shall 
be  return  day  for  process  or  appeals.” 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  115,  as  amended, 


a  call  of  the  roll  was  had 

,  resulting  as 

follows:  Yeas, 

74;  nays,  3. 

Those 

voting  in  the 

affirmative  are 

:  Messrs. 

Adams 

Dawes 

Green 

Mack 

Shanahan 

Adamkiewicz 

De  Young 

Hamill 

McEwen 

Shuey 

Baldwin 

Dietz 

Hollenbeck 

Miller 

Six" 

Barr 

Dryer 

Hull 

Mills 

Smith 

Beckman 

Dunlap 

Iarussi 

Moore 

Sutherland 

Brandon 

Dupuy,  G.  A. 

Ireland 

Nichols 

Todd 

Brenholt 

Elting 

Jack 

O’Brien 

Torrance 

Brewster 

Fyke 

Jarman 

Paddock 

Wall 

Cary,  C,  D. 

Gale 

Johnson,  B.  C. 

Parker 

Warren 

Carlstrom 

Ganschow 

Johnson,  W.  A. 

Pincus 

Whitman 

Catron 

Garrett 

Kerrick 

Pinnell 

Wilson 

Chew 

Gee 

Kunde 

Quinn 

Wolff 

Coolley 

Gilbert 

Datchford 

Rinaker 

Woodward 

Cruden 

Goodyear 

Lill 

Rosenberg 

Mr.  President 

Davis 

Gray 

Lindly 

Scanlan 

Yeas — 7- 

Those 

voting  in  the  negative  are : 

Messrs. 

Clarke 

Corlett 

Michal 

Nays — 

1922.] 


CONSTITUTIONAL  CONVENTION. 


837 


And  section  115,  as  amended,  was  adopted. 

The  question  then  being1  on  the  passage  and  adoption  of  the  pro¬ 
posed  Constitution  as  a  whole  or  unit,  as  amended,  the  same  havin0, 

been  read  at  large,  a  call  of  the  roll  was  had  resulting  as  follows** 
Yeas,  77;  nays,  1. 

Those  voting  in  the  affirmative  are:  Messrs. 

Adams 


Adamkiewicz 

Baldwin 

Barr 

Beckman 

Brandon 

Brenholt 

Brewster 

Cary,  C.  D. 

Carlstrom 

Catron 

Chew 

Clarke 

Coolley 

Corlett 

Cruden 


Michal 


Davis 

Dawes 

Dq  Young 

Dietz 

Dryer 

Dunlap 

Dupuy,  G.  A. 

Elting 

Prole 

Pyke 

Gale 

Ganschow 

Garrett 

Gee 

Gilbert 

Goodyear 


Gray 

Mack 

Shanahan 

Green 

McEwen 

Shuey 

Hamill 

Miller 

Six 

Hollenbeck 

Mills 

Smith 

Hull 

Moore 

Sutherland 

Iarussi 

Nichols 

Taff 

Ireland 

O’Brien 

Todd 

Jack 

Paddock 

Torrance 

Jarman 

Parker 

Wall 

Johnson,  L.  C. 

Pincus 

Warren. 

J ohnson,  W.  A. 

Pinnell 

Whitman 

Kunde 

Quinn 

Wilson 

Datchford 

Rinaker 

Wolff 

Lill 

Rosenberg 

Woodward 

Lindly 

Scanlan 

Mr.  President 

igative  are: 

Mr. 

Yeas — 

.  Tile  Constitution,  having  received  the  'Votes  on  third  reading^f  a 
majority  of  the  Delegates  elected,  was  declared  passed. 

Hamill  moved  that  the  Committee  on  Phraseologj"  and  Style 
now  proceed  to  engross  and  enroll  the  Constitution. 

And  the  motion  prevailed. 

The  Com  ention  proceeding  on  the  order  of  reports  of  standing  com¬ 
mittees,  Mr.  Clarke  submitted  the  following  report  and  moved  its^ adop¬ 
tion  : 


REPORT. 


The  Committee  on  Phraseology  and  Style  herewith  submits  to  the  Con¬ 
vention  the  enrolled  Constitution  of  1922  caused  to  be  made  by  this  com¬ 
mittee,  pursuant  to  the  resolution  of  June  28,  1922. 


(Signed)  Elam  L.  Clarke, 

Thos.  Rinaker, 

Charles  B.  T.  Mopre, 
George  A.  Barr, 

H.  E.  Torrance, 

E.  H.  Brewster, 

Committee. 

The  question  being  on  the  adoption  of  the  report  of  the  committee, 
it  was  decided  in  the  affirmative. 

Mr.  Clarke  offered  the  following  resolution  and  moved  its  adoption : 


Resolution  No.  40. 

Resolved,  That  the  enrolled  Constitution  of  Illinois,  adopted  in  Conven¬ 
tion  at  the  Capitol  in  the  City  of  Springfield  on  the  12th  day  of  September, 
A.  D.  1922,  be  authenticated  as  follows: 

(1)  That  it  first  be  signed  by  the  President  of  the  Convention; 

(2)  That  it  then  be  attested  by  the  signature  of  the  Secretary; 

(3)  That  the  delegates  present  in  alphabetical  order  of  names  may 
then  attach  their  signatures; 

That  delegates  present  having  authority  from  absent  delegates  to  sign 
the  names  of  such  absent  delegates  may  do  so; 

The  other  delegates  may  have  the  privilege  of  signing  the  enrolled  Con¬ 
stitution  in  the  office  of  the  Secretary  of  State  at  any  time  on  or  before  the 
12th  day  of  December,  A.  D.  1922,  their  respective  signatures  to  be  attested 
by  the  Secretary  of  State;  and 


838 


JOURNAL  OF  THE 


[Sept.  12, 


That  upon  authentication  as  aforesaid,  the  President  of  the  Convention 
deliver  it  to  the  Secretary  of  State  for  record  and  deposit  in  his  office. 

And  the  resolution  was  adopted. 

Thereupon,  in  accordance  with  the  foregoing  resolution  and  in  the 
presence  of  the  Convention,  the  enrolled  cop}''  of  the  new  Constitution 
was  duly  signed  by  the  President  and  attested  by  the  Secretary,  and 
in  turn  signed  by  each  Delegate  present,  in  alphabetical  order  of  names, 
as  follows: 


B.  H.  McCann, 

Secretary. 

Edward  E.  Adams, 
Stanley  Adamkiewicz, 
Percival  G.  Baldwin, 
George  A.  Barr, 
William  H.  Beckman, 
Rodney  H.  Brandon, 
John  J.  Brenholt, 
Edward  H.  Brewster, 
Charles  D.  Cary, 

Oscar  E.  Carlstrom, 

B.  L.  Catron, 

William  H.  Chew, 
Elam  L.  Clarke, 

E.  B.  Coolley, 

Edward  Corlett, 
William  H.  Cruden, 
Abel  Davis, 

Rufus  C.  Dawes, 
Frederic  R.  DeYoung, 
Cyrus  E.  Dietz, 

John  L.  Dryer, 

Henry  M.  Dunlap, 
George  A.  Dupuy, 

Philip  E.  Elting, 
Joseph  W.  Fifer, 
Thomas  F.  Frole, 

Edgar  E.  Fyke, 

George  C.  Gale, 
William  Ganschow, 
Bruce  H.  Garrett, 
Sylvester  J.  Gee, 

G.  Gale  Gilbert, 

A.  F.  Goodyear, 
William  S.  Gray, 
Henry  I.  Green, 

Charles  H.  Hamill, 
William  T.  Hollenbeck, 
Morton  D.  Hull, 
Michael  Iarussi, 
Charles  H.  Ireland, 
James  P.  Jack, 


Charles  E.  Woodward, 

President. 
Lewis  A.  Jarman, 
Lawrence  C.  Johnson, 
Watts  A.  Johnson, 
Thomas  C.  Kerrick, 
Ernest  Kunde, 

George  P.  Latchford, 
Herbert  F.  Lill, 

Cicero  J.  Lindly, 

David  E.  Mack, 

Willard  M.  McEwen, 
Sylvester  W.  McGuire, 
Charles  J.  Michal, 
Amos  C.  Miller, 

Andrew  H.  Mills, 
Charles  B.  T.  Moore, 
James  Nichols, 

Martin  J.  O’Brien, 
James  H.  Paddock, 
Charles  V.  Parker, 

S.  E.  Pincus, 

B.  H.  Pinnell, 

Frank  J.  Quinn, 
Thomas  Rinaker, 
Michael  Rosenberg, 
William  M.  Scanlan, 
David  E.  Shanahan, 
Charles  A.  Shuey, 
Rollo  Six, 

Arthur  M.  Smith, 
Douglas  Sutherland, 
Albert  E.  Taff, 

Hiram  E.  Todd, 

H.  E.  Torrance, 

William  E.  Trautmann, 
William  A.  Wall, 

Alvin  Warren, 

Frank  S.  Whitman, 
Walter  H.  Wilson, 
Oscar  Wolff, 

Charles  Woodward, 
Henry  W.  Meinert. 


Mr.  Green,  from  the  Committee  on  Submission  and  Address,  re¬ 
ported  that  Mr.  Ilamill  had  prepared  an  address  to  the  people  upon  the 
provisions  of  the  new  Constitution  and  thereupon  Mr.  Hamill  presented 
the  following,  which  was  read  at  large  and  unanimously  adopted  by  the 
Convention :  1  J 


1922.] 


CONSTITUTIONAL  CONVENTION. 


839 


To  the  People  of  Illinois: 


d“ from  time  to 

tion  adopted  oni  y 6 t  wen ty-on t!  3 year ’e arl^f JP  ]d '  f  Z' S H r  ■'  With  the  Constitu- 
mend  a  new  Constitution  tw  earlier,  elected  a  Convention  to  recom- 

year  their  work  was  approved  tr  tZZ  r°USw  ‘  TU  and  in  the  Allowing 

Charter  then  ado^d.SVas  Uved^and  p^spertT^0  ^  “der  the 

so  in  lSl^the'peiiple^agafn'persuad'ecf^hat* reC^  be£°re  dictated  change, 
the  calling  of  a  Constitutional  Convention^ ^andV1intteWfaniioe(lUired’  ™ted  £or 
one  hundred  and  two  delegates  charged  with  ti.1  i  ^  following  year  elected 
and  of  reporting  back  to  those  who  ffa  ^  duty  of  consulting  together 

vention  came  from every  part o7toe  Ita Tbe  men  ot  this  Co“- 
life.  On  almost  every  important  i  fr°m  !llany  different  walks  in 

difference  in  opinions  opinions  often  !  taere  developed  among  them  wide 
yielded.  Now  after  m’anv  months  o?^  £enacIO“sJy  Held  and  only  reluctantly 
during  which  differences  have  “a ny  other  m011ths  «f  recess, 

practical  unanimity  among  the  deiegates'anr^hev3  •°oled’  there  has  come 
to  the  people  of  Illinois  a  Cons  i t  ,  y  Jom  111  recommending 

deliberations.  Constitution  as  it  has  been  hammered  out  in  their 

represents  all  She'll  operand 'washes1  of  ‘“strument  is  Perfect,  or  even  that  it 

It  is,  as  was  the  PederaTcnnsmntm  y  ,°ne  man  or  of  any  group  of  men. 

the  result  of  compromise  No  volet  sho^a  &S  aU  such  measures  must  be, 

the  mind  to  compare  it  with  his  hie  ,i  >■,!'  ti.appI  oacil  its  consideration  with 

Nor  should  it  be  an  obieclhm  that  som’  a  .thl?  18  t0  condemn  it  in  advance. 

its  pages,  unless  that  provision  is  in the ‘  oTd ' iSJ10t  £ound  within 

question  presented  to  the  people  of  Illinois  is ^  The  real  and  only 

stitution,  framed  by  your  representatives  better  th  ^!S  ProP°sed  new  Con- 
whicb  you  now  live?  ^esentauves,  better  than  the  Constitution  under 

wholfstatel^Vher  population  “Tf?  m.°T  Z  WeI£are  °£  the 
m  the  knowledge  that  a  Constitution  is ’not  ’.,,,,1’,  “  be  Put  aiul  answered 
statutory  code.  It  is  the  function  0“  a  Comtiwi  .  <  Pretend  t0  be-  a 

form  of  government,  to  define  the  powers^nd  duties  n?  tif  pr°vide  foe  the 
of  that  government,  and  to  put  such  limitstinns S  01  tbe  Pnnc>Pal  agencies 

government  itself  as  experienc^  has  sLwn  are  TecessaTv  tZtZ™*™  °£  ttld 

Of  liberty.  Under  our  system  the  lem-siat™  ?  ^  y  to  the  Preservation 

it  or  expressly  given  to  otli“’  agenJifs  anS  so  t„  t  P,°w ?r,  not  denied  to 
left  the  working  out  of  the  details  of  i  iw*  w’v  to  Hle  leS>slature  must  be 
mistake,  it  can  be  speedily  and easily  remedied  A -V*®  Iegislature  makes  a 
stitution  are  much  more  difficult  of  cure  For  thcJ1  ®  mistakes  111  tlle  Con- 
has  wisely  confined  itself  to  matters  thought  t  l. TT  tbe  Convent'on 
to  the  General  Assembly  the  wide  and  f.  n'tfn  nlm  es  ?undamental,  and  left 

ing  the  merits  of  the  Constitution  now  nfferL  n  °f  leglslation-  In  weigh- 
be  borne  in  mind.  fteied,  these  considerations  should 

which  muft^e1  a^tsweredV°btrth^rbaIPottt!IS“DoMathSWer  the  °ne  duestion 
tution,  on  the  whole  and  in  view  of  the’ needs  of  al,  Z°Ted  n<7  Consti- 
whole  State,  promise  better  governmental  ennriitfins  «  '  -s  peopIe  o£  the 
stitution?”  we  who  have  wofkld these  man PreSent  Con‘ 
ernment,  here  set  forth  in  brief  the  nrinpinni^i  1S  t]°.  imProve  our  gov- 
and  our  reasons  for  believing  that  they  are  desirable3  ® 1  WU1  be  effeeted 

Revenue. 

tionUt^  the6  T  dee?  seated  — ic- 

prompted  the  calling  of  the  Const itnHmv, i  n  de*ective,-  which  principally 
Of  the  State,  the  CmBtitS?«^^TOn^CtS!®,,It1,0,1■  SinCe  the  ^’.ndation 
at  a  uniform  rate.  This  was  an  admirable  system  fnThe  eariyXaand^s 


840 


JOURNAL  OF  THE 


[Sept.  12, 


long  as  the  community  remained  homogeneous,  with  little  diversity  in  prop¬ 
erty  rights  and  with  small  accumulations  of  intangible  property.  It  is  the 
experience,  however,  of  all  governments  that  as  population  increases  and 
society  becomes  more  complex,  the  uniform  property  tax  becomes  less  and 
less  efficient  as  a  means  of  raising  revenue,  and  more  and  more  inequitable 
in  its  distribution  of  burdens  upon  the  people.  As  long  as  most  men  are  of 
nearly  equal  wealth  and  all  property  consists  either  of  land  or  personal 
property  of  large  bulk  that  cannot  be  easily  concealed,  the  uniform  property 
tax  is  both  fair  and  efficient,  but  as  the  forms  of  property  multiply  and 
especially  as  intangible  property  increases  both  in  amount  and  in  diversity 
of  kind,  the  uniform  property  tax  becomes  less  and  less  adapted  to  the  needs 
of  society.  The  farm  or  lot  and  the  houses  thereon  cannot  escape  the 
assessor.  So  too  it  is  difficult  for  live  stock  to  be  concealed.  But  diamonds 
are  not  paraded  on  the  day  when  the  assessor  appears  and  notes,  mortgages, 
bank  balances,  bonds  and  shares  of  stock  are  still  more  fugitive.  Because 
some  conceal  the  property  which  is  easily  hidden  and  so  escape  taxation,  it 
becomes  necessary  to  raise  the  rate  upon  the  property  which  remains  visible. 
The  increased  rate  adds  to  the  temptation  to  conceal,  with  the  result  that 
still  more  property  disappears  from  the  tax  lists  and  this  again  results  in 
a  higher  rate.  This  interplay  of  increasing  rate  and  disappearing  personal 
property  has  resulted  in  inordinately  high  rates  of  taxation  upon  those 
forms  of  property  which  cannot  be  concealed,  namely,  real  estate,  and 
tangible  personal  property.  The  result  has  been  that  the  rate  of  taxation 
has  reached  a  point  where  it  is  recognized  by  all,  even  the  taxing  authorities 
themselves,  that  if  taxes  be  levied,  as  contemplated  by  law,  upon  intangible 
property,  a  large  proportion  and,  in  some  instances,  all,  of  the  income  derived 
therefrom  would  be  confiscated  by  the  State.  The  result  of  this  has  been 
that  there  has  grown  up  in  some  parts  of  the  State  a  system  of  taxation 
wholly  outside  the  law.  Assessors  and  taxing  authorities  generally  do  not 
expect  the  owners  of  intangible  property  to  report  all  of  their  holdings,  as 
the  law  theoretically  requires,  but  have  adopted  an  extra-legal  method  and 
seek  to  make  some  fair  approximation  of  the  relative  wealth  of  the  indi¬ 
vidual  taxpayer  as  compared  with  his  neighbors  and  asses  him  accordingly. 
Any  system  of  taxation  which  practically  forces  the  taxing  authorities  to 
adopt  a  system  of  their  own,  one  not  contemplated  by  law,  is  as  vicious  as 
can  be  because,  in  effect,  it  vests  in  the  taxing  authorities  an  unrestrained 
discretion  to  discriminate  among  the  taxpayers  and  reward  their  friends  and 
punish  their  enemies.  What  was  therefore  originally  an  admirable  system 
of  taxation  and  still  appears  theoretically  fair  has  become  the  means  of  gross 
injustice  and  the  potential  source  of  shocking  corruption. 

The  experience  of  all  civilized  states  in  which  society  has  become  com¬ 
plex  has  persuaded  students  of  the  subject  that  only  through  a  diversified 
system  of  taxation  can  revenue  in  adequate  amounts  for  the  needs  of  the 
State  be  raised  with  a  fair  distribution  of  the  burden  of  taxation.  In  a 
self-governing  community,  every  citizen  must  bear  his  share  of  the  responsi¬ 
bility  of  Government.  Whatever  the  system  of  taxation  may  be,  every  man, 
woman  and  child  in  the  community  pays  some  tax,  whether  or  not  they 
know  it.  The  tax  upon  the  tenement  house  is  recouped  by  the  owner  from 
his  tenants  and  the  tax  upon  the  store  building  is  repaid  to  the  owner  by  his 
tenant  who  must  make  out  of  his  sales  of  goods  enough  to  compensate  him 
for  the  additional  rent  paid  and  so  the  tax  upon  the  store  building  is  eventu¬ 
ally  paid 'by  those  who  buy  the  shopkeeper’s  goods.  The  citizen,  however, 
who  thus  pays  his  tax  indirectly  is  ordinarilly  not  aware  that  he  pays  a  tax 
and  is  therefore  not  vigilent  in  watching  and  checking  the  expenditures  of 
government.  The  man  who  pays  a  tax  directly  is  at  once  informed  of  his 
interests  in  the  expenses  of  government  and  his  cooperation  is  promptly 
enlisted  in  restraining  unnecessary  and  extravagant  expenditure.  It  is  esti¬ 
mated  that  out  of  the  more  than  three  million  people  in  the  County  of  Cook, 
less  than  one  hundred  and  fifty  thousand  directly  pay  any  personal  property 
tax  and  there  are  only  about  three  hundred  thousand  who  pay  taxes  upon 
real  property.  The  total  number  of  direct  taxpayers  in  Cook  county  probably 
does  not  exceed  three  hundred  and  fifty  thousand.  Of  course,  each  one  of 
the  more  than  three  million  people  pays  taxes  indirectly.  A  system  which 


1922.] 


CONSTITUTIONAL  CONVENTION. 


841 


permits  nine-tenths  of  the  people  to  vote  taxes  paid  directly  by  one-tenth 
is  an  encouragement  to  thriftless  government  and  does  not  serve  to  impress 
upon  the  individual  citizen  the  responsibilities  which  must  be  felt  by  every 
citizen  if  self-government  is  to  endure. 

It  is  not  the  function  of  a  Constitution  to  prescribe  the  details  of  tax¬ 
ation.  This  must  rest  with  the  legislative  department  of  the  government. 
With  all  the  experience  of  the  human  race  it  must  be  confessed  that  there 
is  no  recognized  science  of  taxation.  No  one  call  tell  in  advance  just  what 
will  be  the  result  of  a  given  tax  measure  either  in  its  capacity  to  raisd 
revenue  or  in  its  capacity  equally  to  distribute  burdens.  All  that  the  Con¬ 
stitution  can  do  is  to  put  those  limitations  upon  the  power  of  the  General 
Assembly  which  will  preclude  the  more  glaring  inequalities  and  remove  from 
the  legislators  the  temptation  to  favor  one  class  as  against  another. 

The  present  Constitution  limits  the  power  of  the  legislature  practically 
to  providing  for  only  one  kind  of  tax.  It  is  important  to  enlarge  the  power 
of  the  legislature  to  diversify  taxes  so  that  instead  of  the  revenue  being  all 
raised  by  taxes  upon  real  estate  and  the  more  obvious  forms  of  personal 
property,  the  burden  shall  be  more  equitably  distributed  and  the  number  of 
those  who  shall  consciously  pay  taxes  shall  be  recruited  from  the  number  of 
those  who,  under  the  present  system,  pay  taxes  only  unconsciously. 

In  several  states,  of  recent  years,  an  attempt  to  accomplish  this  end  has 
been  made  by  permitting  the  legislature  to  classify  property,  imposing  diff¬ 
erent  rates  of  taxation  upon  different  classes  of  property.  These  laws  are 
still  in  the  experimental  stage  and  it  was  thought  by  the  Convention  not 
wise  to  permit  experiments  along  these  lines  which  might  easily  tend  to¬ 
wards  discrimination  in  favor  of  one  class  of  taxpayer  as  against  another. 
^  *ncome.  tax’  as  a  measure  for  raising  revenue,  distributing  the 

burden  of  taxation  more  equitably  and  relieving  real  estate  and  tangible 
personal  property,  is  no  longer  in  the  field  of  experiment.  Income  tax  laws 
are  upon  the  statute  books  of  more  than  a  dozen  states  and  the  reports  from 
those  states  indicate  that  they  have  been  successful  in  raising  revenue  in  an 
equitable  manner  without  disturbing  business  conditions  or  causing  economic 
distress.  Among  the  states  where  income  tax  laws  are  in  successful  oper¬ 
ation  are  New  York,  Massachusetts  and  Wisconsin.  Realizing  that  the  gross 
inequality  in  our  present  system  of  taxation  arises  from  the  ease  with  which 
intangible  property  escapes,  we  have  provided  that  in  lieu  of  tax  by  value 
upon  this  class  of  property,  the  General  Assembly  may,  if  it  sees  fit,  tax  the 
income  derived  from  such  property,  but  that  if  such  a  tax  shall  be  imposed, 
it  must  be  substantial  and  at  a  uniform  rate.  In  other  words,  it  may  not 
be  graduated  or  progressive. 

Realizing  too  the  success  with  which  the  general  income  taxes  have 
operated  in  all  of  the  states  in  which  they  have  been  tried,  we  have  also 
framed  the  new  Constitution  so  that  the  General  Assembly  may,  if  it  sees 
fit,  impose  a  general  income  tax  upon  all  incomes  from  whatever  source 
derived.  This  tax  may  be  graduated  and  progressive  but  in  order  to  protect 
against  gross  inequality,  especially  in  view  of  the  heavy  Federal  income 
taxes,  it  is  provided  that  the  highest  rate  shall  not  exceed  three  times  the 
lowest  rate.  And  in  order  that  the  legislature  may  provide  a  workable 
system  of  income  taxes  without  pressing  too  hard  upon  those  who  are  at  the 
margin  of  subsistence,  it  is  provided  that  from  the  general  income  tax  there 
may  be  exempted  income  derived  from  personal  service  of  not  to  exceed 
$1,000  for  the  head  of  a  family,  plus  $200  for  each  dependent  child  under  the 
age  of  sixteen  years,  and  not  to  exceed  $500  for  any  other  person.  This  it 
was  thought  would  provide  for  reasonable  exemptions  and  yet  would  make 
the  income  tax  so  widely  distributed  as  to  remove  the  temptation  which 
otherwise  might  be  present  to  raise  the  rates  to  a  point  that  might  be  dis¬ 
astrous  to  the  industry  of  the  State. 

If  a  general  income  tax  is  imposed  household  furniture  and  the  imple¬ 
ments  of  agriculture  and  labor  may  be  exempted  from  taxes  and,  in  order 
to  avoid  the  injustice  of  double  taxation,  such  deductions  may  be  made  as 
will  compensate  for  taxes  paid  by  valuation  on  the  property  from  which  the 
taxed  income  is  derived.  By  these  provisions  it  is  hoped  that  the  way  has 
been  opened  to  such  taxes  upon  incomes  as  shall  give  all  citizens  the  oppor- 


842 


JOURNAL  OF  THE 


[Sept.  12, 


tunity  of  contributing  to  the  support  of  their  State  such  reasonable  amount 
as  they  can  well  afford  and  as  good  citizens  they  will  be  glad  to  pay. 

The  new  Constitution  still  provides,  as  did  the  old,  that  property,  if 
taxed,  shall  all  be  taxed  at  the  same  rate,  but  it  is  hoped  that  by  opening 
the  dooi  to  the  legislature  for  the  enactment  of  a  reasonable  income  tax  law, 
a  considerable  part  of  the  State’s  revenue  may  be  so  raised,  with  a  conse¬ 
quent  relief  of  the  burdens  now  resting  upon  real  property  and  the  more 
obvious  kinds  of  personal  property.  By  increasing  the  kinds  of  taxation,  it 
is,  of  couise,  not  expected  to  increase  the  amount  of  revenue  to  be  raised. 
The  amount  of  revenue  depends  upon  appropriations  and  the  more  people 
there  are  who  consciously  pay  their  taxes,  the  metre  there  will  be  who  will 
exercise  a  restraint  upon  the  legislature  and  local  taxing  bodies  in  making 
appi  opriations.  It  is,  therefore,  to  be  expected  that  if  the  new  Constitution 
is  adopted,  an  opportunity  will  be  afforded  to  the  legislature  more  equitably 
to  distribute  the  burdens  of  taxation  and  that  there  will  at  the  same  time 
be  added  a  restraining  influence  upon  extravagance. 


The  Bill  of  Rights. 

„  F'°f  most  Part>  the  Bill  of  Rights  has  been  allowed  to  remain  as  in 
the  old  Constitution  but  there  are  a  few  changes  which  experience  has 
proved  are  desirable.  Under  the  existing  Constitution,  a  defendant  charged 
with  felony  can  not  waive  a  jury  and  submit  his  cause  to  a  judge.  Experi¬ 
ence  in  other  states  has  proved  that  there  is  no  reason  why  a  defendant, 
if  he  be  so  minded,  may  not  waive  a  jury  in  cases  other  than  capital  and* 
permit  himself  to  be  tried  by  a  judge.  Accordingly,  the  new  Constitution 
so  permits. 

Heretofore,  no  one  could  be  held  to  answer  for  a  felony  except  upon 
indictment  by  the  grand  jury.  In  communities  where  grand  juries  are  held 
only  at  intervals  of  several  months,  one  arrested  who  cannot  give  bail  is 
kept  in  jail  a,  waiting  the  action  of  the  grand  jury.  This  has  frequently 
resulted  in  injustices  to  the  innocent.  In  the  larger  communities  there  are 
many  instances  of  crime  where  the  proof  is  clear.  In  these  cases  it  is  a 
great  waste  of  machinery  to  require  first  a  preliminary  hearing  and  then  an 
inaictment  and  then  a  trial  before  a  petit  jury  and  yet,  under  the  existing 
Constitution,  there  is  no  method  by  which  the  grand  jury  hearing  can  be 
avoided.  Under  the  proposed  Constitution,  all  felonies,  save  capital  cases, 
may  be  prosecuted  upon  either  indictment  or  information  filed  by  either  the 
Attorney  General  or  the  State’s  attorney,  but  no  such  information  shall  be 
filed  by  the  State’s  attorney  until  after  leave  granted  by  the  court  upon  a 
showing  of  probable  cause.  These  changes  will  certainly  result  in  simpli¬ 
fying  criminal  procedure  and  expediting  prosecutions  without  the  sacrifice 
of  protection  to  the  innocent. 

The  new  Constitution  permits  the  General  Assembly  to  make  women 
eligible  as  jurors.  It  also  permits  the  General  Assembly  to  provide  for  juries 
of  less  than  twelve  in  civil  causes.  This  should  result  in  saving  much  ex¬ 
pense  and  bring  great  relief  to  citizens  by  diminishing  the  amount  of  jury 
service  required  and  no  reason  is  perceived  why  litigants  should  not  be  as 
well  satisfied  with  the  verdicts  of  smaller  juries  as  they  have  been  with  those 
of  juries  of  twelve. 

One  of  the  defects  existing  under  the  present  Constitution,  especially 
in  the  larger  cities,  is  in  the  operation  of  that  section  which  requires  that 
every  defendant  “except  for  capital  offenses  where  the  proof  is  evident  or 
the  presumption  great”  shall  be  admitted  to  bail.  Under  this  section  old 
seasoned  offenders  readily  obtain  bail  and  are  turned  out  upon  the  streets 
to  renew  their  depredations  while  awaiting  trial.  Under  the  new  Constitu¬ 
tion,  the  provision  with  reference  to  bail  is  the  same  as  that  in  the  Federal 
Constitution  that  “excessive  bail  shall  not  be  required.”  It  will  therefore 
be  within  the  sound  discretion  of  the  judge  to  whom  application  for  bail  is 
made  whether  the  accused  shall  be  allowed  his  freedom  pending  trial.  It  is 
to  be  expected  that  this  discretion  will  be  exercised  favorably  in  the  cases 
of  first  offenders,  but  that  bail  will  be  denied  to  those  whose  past  history 
indicates  how  their  time  will  be  employed  if  they  are  not  confined.  This 


1922.] 


CONSTITUTIONAL  CONVENTION. 


843 


“I*  honest 

ss?  ^"p^c 

approved  this  course  the  reading-  nf  tlm  T?nimUnitieS  wtiere  Public  opinion 
ago,  however,  the  Supreme  Sour!  bv^  rnaw*fWaS  customa^-  A  few  years 
stitution  of  1870  forbids  the  reading  nf  thn  rrm  °®ini.9in»  held  that  the  Con¬ 
vention,  though  zealous  to  mainta^hf  ll  ?lble  !n  th.e  schools-  *The  Con- 
of  church  and  state  was  convinced  timt  „meilcan  doctrine  of  the  separation 
public  opinion  in  the  State  demands  that  in  °y®rwtielminS  preponderance  of 
opinion  approves  passages  of ^be  Rim  t5}ose  communities  where  public 

Without  diLrimlnS  fn  favor  of  one  version  o?  comment  and 

XKi  SS  the 

puhiic  schools  without 

Representation  in  the  General  Assembly. 

repre^LfaL^Tn1  ftf SenLal7AssPemb5011  iTLr'T  fV , S°-°alled  “*y 

that  Constitution  that  this  provision  wLiri  ^as  kopecl  by  the  framers  of 
each  senatorial  district  a  chance  of  being  rPl?1! 6  fto. tlie. minority  party  in 
the  General  Assembly  would  more  fairiv  fL  eP*  rented,  with  the  result  that 

the  State.  Unfortunately,  in  practical  operatToTTnTf  palltIca‘  sentiment  of 
fits  have  not  materialized.  Too  freauentw  hv  °V  6  \ntlcipated  bene- 

ticanjT  ■whSoutTcdfoice'^wit^the1  res^lt^that1131^  fkT'eiactors8  havTTieerTpiTcl 

Se^expe"^  Th°e  ^t  T  ^  S rV£ 

SH”  new  ^Constitution*  1^^  £ 

When  the  Constitution  of  1870  was  adontod 
county  was  less  than  350  000  peonle  out  nf  Population  of  Cook 

half  million  for  the  whole  sfate  By  he  census  otwZ  tT  tW°  ,a“d  °ne- 
Cook  county  is  over  three  million  an/fifti  1  19w0,  the  Population  of 
6,485,000  for  the  whole  State  In  flft  ty  th°USancl  out  of  a  total  of 
Cook  county  has  grown  from  less  f li-,  "'l  f  V.V.1""’  t  lei'etore>  the  population  of 
Of  the  total  population  of  The  Sta?e  r  pe  “if  t0  “ore  than  47  Per  cent 

large  an  aggregation  of  people  fn  one  compamtive^  T,  believed  that  80 
under  stress  of  circumstance  would  ^  ^  ,y  a11  area  could>  and 

destinies  of  the  wh“e  State  tol  neonle  of Pn  ?tlCal  Unlt.and  80  control  the 

alter  ITn  te?**  ■  cSSutnuS? 

change  since  the  apportionment  based  on  theTensTTof  WOO6  “0 

many  of  the  delegates  from  nartc  nf  thTa  7  ceusus  of  1900.  There  were 

insisted  that  the  representation  of  the  neonl^nf °Pnnt 6  °f  ?°°k  county  who 
Assembly  should  be  limited  in  both  th  QPlG  ?f  Cook  c°uaty  m  the  General 
gates  from  Cook  count?  as  a  uni  ™ n„  ®®nate  and  the  House,  while  dele- 
weeks  of  debate  and  negotiation  a’  n!  d  ?uc  1  a  Provision.  After  many 
tofore,  the  State  has  been  divided  was  finaI,y  effected.  Here¬ 

of  which  elected  one  senator  and  three  renreVeTmt^T^TT-  dlstricts-  each 
to  increase  the  senatorial  distriptQ  tn  P  csentatl^es.  It  is  now  proposed 

in  the  County  of  cSok  aid  Mnl  eight  nlhe^f  S™*”*  Sha11  be 

long  as  the  proposed  Constitution  shafl  remain  iT  effect  ro^t®  and.that  s0 
be  limited  to  nineteen  out  of  fiftv  op™!  ™ }n  11  Cook  county  shall 

is  also  to  be  divided  into  onThundred  anT  fiTvTn the  Senate'  The  State 
tricts  in  accordance  with  the  numbers  of  one’ 


844 


JOURNAL  OF  TILE 


[Sept.  12, 


member  of  the  House.  The  result  of  this  is  that  Cook  county  is  definitely 
limited  to  nineteen  out  of  fifty-seven  members  of  the  Senate  but  will  have 
the  same  proportionate  representation  in  the  House,  based  upon  the  number 
of  voters,  which  other  parts  of  the  State  have.  With  two-thirds  of  the  Sen¬ 
ate  composed  of  representatives  of  down  State,  Cook  county  could  never 
force  through  legislation  which  was  inimical  to  the  interests  of  that  part 
of  the  State  outside  of  the  County  of  Cook.  On  the  other  hand,  as  the  people 
of  Cook  county  will  have  their  proportionate  representation  in  the  lower 
House,  it  is  improbable  that  the  people  outside  of  Cook  county  will  ever  be 
able  to  force  upon  the  people  of  that  county  legislation  plainly  inimical  to 
their  interests.  Thus  if  there  should  arise  a  conflict  of  interest  between 
the  people  of  Cook  county  and  the  people  of  the  rest  of  the  State  each  will  be 
protected  against  the  other.  In  the  adjustment  recommended  the  Convention 
has  followed  the  precedents  set  by  other  states.  In  every  state  in  which  a 
large  proportion  of  the  population  resides  in  one  political  subdivision  some 
limitation  is  imposed  upon  the  representation  in  the  legislature  of  that  area. 
In  order  to  avoid  a  continuance  or  repetition  of  the  neglect  of  the  General 
Assembly  to  reapportion  the  State  periodically  as  ordered  by  the  Constitu¬ 
tion  it  is  provided  that  if  the  General  Assembly  shall  fail  to  make  any  appor¬ 
tionment  it  shall  be  the  duty  of  the  Secretary  of  State,  the  Attorney  General 
and  the  Auditor  of  Public  Accounts  to  make  the  apportionment  within  ninety 
days  after  the  adjournment  of  the  regular  session  of  the  year  designated  for 
that  purpose. 


The  Judiciary. 

Notable  changes  are  suggested  in  the  organization  and  operation  of  the 
courts.  Although  more  than  one-half  of  the  people  of  the  State  live,  and 
more  than  one-half  of  the  litigation  which  goes  to  the  Supreme  Court  origin¬ 
ates,  in  the  Seventh  Judicial  District,  which  includes  Cook  county,  under 
the  present  Constitution  that  district  elects  only  one  member  of  the  Supreme 
Court  and  the  rest  of  the  State,  containing  less  than  half  of  the  population 
and  furnishing  less  than  one-half  of  the  court’s  business,  elects  six  of  the 
justices.  It  is  proposed  that  this  shall  be  changed  so  that  the  court  shall 
consist  of  nine  justices,  three  to  be  elected  from  the  Seventh  District,  of 
whom  not  more  than  two  shall  come  from  the  same  county.  The  Supreme 
Court  has  for  years  been  overburdened  with  the  number  of  cases  it  has) 
had  to  pass  upon  and  an  increase  in  the  number  of  justices  should  lighten 
the  burden  of  each  member  of  the  court,  and  expedite  its  work. 

Under  the  previous  Constitutions  it  has  been  the  custom  for  the  legis¬ 
lature  to  pass  laws  prescribing  the  practice,  pleading  and  procedure  in  courts. 
This  has  long  been  recognized  as  of  doubtful  value.  While  the  practice  has 
perhaps  not  been  inadequate  in  the  less  thickly  settled  communities,  it  has 
not  lent  itself  to  the  expeditious  dispatch  of  business  in  the  larger  cities 
and  the  result  has  been  that  the  courts  have  been  clogged  and  litigants  have 
been  sometimes  so  delayed  in  securing  their  rights  that  the  delay  has 
amounted  to  a  denial  of  justice.  Under  the  proposed  Constitution,  the 
Supreme  Court  will  have  the  power  to  prescribe  the  rules  of  pleading,  prac¬ 
tice  and  procedure  and  with  its  experience,  passing,  as  it  must,  daily  upon 
the  records  of  the  trials  made  in  the  lower  courts,  it  should  be  best  able 
to  judge  of  the  changes  that  can  advantageously  be  made  for  the  speedy  and 
sure  administration  of  justice. 

Indeed  it  is  arguable  that  the  making  of  laws  by  the  General  Assembly 
regulating  the  practice  in  courts  is  an  invasion  of  the  power  of  the  courts 
and  violative  of  the  constitutional  division  of  governmental  powers  into  the 
three  divisions  of  executive,  legislative  and  judicial.  It  would  seem  doubt¬ 
ful  if,  consistently  with  this  doctrine,  the  legislature  can  have  more  power 
or  right  to  prescribe  how  the  courts  should  function  than  the  courts  have  to 
dictate  how  the  legislature  shall  proceed  about  its  business.  An  independent 
judiciary  is  the  strongest  bulwark  of  the  individual’s  liberty. 

No  citizen  can  tell  when  the  day  may  come  when  his  all  may  depend 
upon  the  proper  functioning  of  the  courts  and  no  citizen  therefore  can  afford 


CONSTITUTIONAL  CONVENTION. 


845' 


1922.] 


maueanddlmanenti^oirie  .“lethod*  by  ,'yhich  justice  is  administered  between 
man  and  man.  Indeed,  it  may  be  said  that  the  primary  purpose  of  all  gov- 

ernment  is  the  administration  of  justice.  It  is  confidently  believed  thaf  by 

vesting  in  the  courts  themselves,  especially  the  Supreme  Court  the  dutv  and 

right  to  prescribe  how  they  shall  function,  a  great  ad^Lce  will  be  made  to 

tiTled^o-  Cltizen  wllat  the  Constitution  has  always  said  he  was  en- 

.  .  .  •  Eveiy  peison  ought  to  find  a  certain  remedy  in  the  law  for  all 
injuries  and  wrongs  which  he  may  receive  in  his  person,  property  or  reputa¬ 
tion.  He  ought  to  obtain  right  and  justice  by  law,  freely,  without  be^ng 
dPia v6-  t(p  parcbase  2t’  completely  and  without  denial,  promptly  and  without 

in ^making1* its Cruleqafcf1a1?  Pos,s\ble  abuse  of  P°wer  by  the  Supreme  Courts 
Assemb  v  to  ?et  a^fdP  dedib!y  a  provision  which  permits  the  General 

Mdure.  *  *  d  b  special  law  an^  rule  of  Pleading,  practice  or  pro- 

.  Lon^  smc®  It  was  found  to  be  impossible  for  the'  Supreme  Court  to  re- 

view  the  decisions  in  all  of  the  cases  in  which  appeals  were  praved  from  thp 

lower  courts  and  the  legislature  therefore  created  four  AppXte  Courts  to 

from  «the  •,ud.8es  baye  been  appointed  by  the  Supreme  Court,  being  chosen 

toeo“  entlvmteh^  tod44  “6  C,irCUit  Co,ufrt-  In  Iater  yeai's’  i£  ba*  developed  that 
irequentiy  the  judges  can  be  spared  for  work  in  the  Annellate  Court  mi„ 

f/veat  toeonvenience  to  litigants  in  the  Circuit  clX  iMd? 

layed  by  the  additional  duties  imposed  upon  the  Circuit  Court  judges.  Under 

nGW  Can®tltutl0n  the  Judges  of  the  Appellate  Court  will  not  be  judges  of 
the  Giicuit  Court.  The  existing  law  properly  recognizes  that  thp  rintv  of 

°to  4®  1?'?eir  COlU'itS  r6StS  primarily  uP°n  the  justices 
eAme  ?ourt»  t0  be  discharged  either  directly  by  themselves  or 

through  the  Appellate  Courts  appointed  by  them,  but  it  has7 been  a  mistake 

the  CUctot'c1  thte  .judges  o£  tbe  APPeHate  Court  should  be  selected  only  from 
the  Circuit  Court  judges.  Accordingly,  the  new  Constitution  proposes  that 

the  members  of  the  Appellate  Courts  may  be  selected  by  the  Supreme  Court 
it  lout  any  restriction  except  that  they  must  be  resident  within  the  district 
or  hich  appointed,  and  as  all  judges  of  the  Supreme,  Appellate  and  Circuit 

inUth aVfsVbirty-five  years  of  age  and  licensed  to  practice  law 
n  this  State  foi  at  least  ten  years.  It  is  the  belief  of  the  delegates  to  the 
Convention,  many  of  whom  are  lawyers  of  large  experience  that  these  nro- 
visions  should  both  increase  the  usefulness  of  the  Appellate  Courts  and 
bring  needed  relief  to  the  Circuit  Courts.  PP  6  courts  and 

There  will  be  no  more  Probate  Courts  but  there  will  be  a  Countv  Court 
in  each  county  wTith  one  judge  and  an  additional  judge  for  each  50  000  of 
population  over  the  first  50,000.  The  County  Courts  will  have  all  the  iuris- 
diction  heretofore  vested  m  Probate  Courts  and  concurrent  jurisdiction  with 

nf  roni  f1  F0111?  of  testamentary  trusts,  construction  of  wills  and  partition 
of  leai  estate  where  any  such  proceeding  is  incidental  to  its  original  iuris- 

nfhpr n*’  eXC  US+1Ve  Junsdmtion  of  appeals  from  justices  of  the  peace  and^uch 
other  jurisdiction  as  may  be  provided  by  law.  The  County  Court  will  sit 

°thCT  Citi6S  in  the  “»»*  «  may  “ 

fe^js  foi^mnpeitoated^by 

fees  but  are  to  receive  salaries  from  their  respective  towns  or  districts  to  bp 

fixed  by  the  county  board,  and  any  town  or  district  may,  by  a  maioritV  vote 
abolisb  or  res- tore  both  justices  of  the  peace  and  consfables 
»  ^  ^°crUAAA  aS  heretofore,  will  sit  at  the  county  seats,  and  if  any  citv 

”ore  tha"  MOO  population  maintains  suitable  facilities  for  holding  court 
the  Circuit  Court  may  also  sit  there.  City  courts  are  abolished  S  ’ 

I  he  Cncuit,  Superior,  Criminal,  County  and  Probate  Courts  nf  Pnnt 
County,  the  Municipal  Court  of  Chicago,  and  the  City  Court  of  Chicago 
eights  are  all  consolidated  into  one  Circuit  Court,  with  a  civil  and  a 
criminal  division.  The  Supreme  Court  will  assign  the  judges  of  the  Circuit 

oCf°^r  b°fnfCt°n0k,C0Unty  t0  Sle  different  divisi°ns  and  designate  a  chief  jusUce 
nf  uff  Fr  divisi°ns;  The  Supreme  Court  may  authorize  the  chief  justices 
of  the  two  divisions  jointly  with  the  advice  and  consent  of  the  judges  of  the 


846 


JOURNAL  OF  THE 


[Sept.  12, 


Ciicuit  Court  to  appoint  assistants  who  shall  have  such  judicial  and  other 
powers  as  the  Supreme  Court  may  prescribe. 

Recognizing  that  the  vesting  of  all  jurisdiction  in  one  court  is  in  some 
measure  experimental,  we  have  provided  that  after  five  years  from  the  adop¬ 
tion  of  the  new  Constitution,  the  General  Assembly  may  divide  the  circuit 
into  two  courts  subject  to  a  referendum  to  the  voters  of  Cook  county  By 
those  who  have  made  the  most  careful  study  of  the  workings  of  the  courts  in 
many  jurisdictions,  it  is  confidently  believed  that  by  vesting  all  of  the  judi¬ 
cial  business  of  a  large  community  like  Cook  county  in  one  court,  there  will 
be  a  great  saving  of  expense  and  energy  and  that  the  people’s  business  be- 
f°ie  the  courts  will  be  transacted  with  greater  dispatch  and  economy. 

% 

Executive  Depabt^iext. 

The  principal  change  suggested  in  the  Executive  Department  is  that  a 
Treasurer  shall  be  elected  every  four  instead  of  every  two  years  and  shall 
be  ineligible  for  re-election  for  four  instead  of  two  years.  The  required  age 
of  the  Governor  and  Lieutenant  Governor  is  increased  from  thirty  to  thirty- 
fi\  e  }  ears.  There  is  also  a  provision  requiring  each  officer  of  the  Executive 
Department  and  the  chief  officer  of  each  public  institution  to  make  a  sworn 
semi-annual  report  to  the  Governor  of  all  moneys  received  or  disbursed  and 
also,  at  least  ten  days  before  the  beginning  of  the  regular  session  of  the 
General  Assembly,  to  report  the  condition  of  his  office  to  the  Governor  who 
shall  transmit  the  reports  to  the  General  Assembly. 

The  State  Treasurer  is  required,  as  part  of  each  semi-annual  report,  to 
show  the  daily  balances  of  State  funds  in  every  bank  and  to  accompany  his 
report  with  a  sworn  statement  of  an  executive  officer  in  charge  of  each 
bank,-  showing  the  payment  of  interest  and  other  compensation  made  and  to 
be  made  by  reason  of  such  deposit.  The  effect  of  this  should  be  to  insure 
that  the  State  shall  receive  the  benefit  of  all  interest  earned  upon  its  de¬ 
posits. 

The  State  Auditor  is  also  required  to  prescribe  and  supervise  a  uniform 
system  of  accounts  for  all  county  officers.  This  should  give  an  added 
guarantee  of  the  efficiency  and  honesty  of  county  officers. 


Counties. 

The  form  of  government  of  counties  may  be  changed  by  law  uniform  as 
to  class  of  counties,  but  such  change  shall  become  effective  in  a  county  only 
after  approval  by  a  majority  of  those  voting  on  the  question.  This  is  a 
highly  important  provision  relieving  from  the  rigidity  of  constitutional  man¬ 
date  the  government  of  the  county  and  giving  to  the  people  of  each  county 
a  fair  measure  of  self  determination.  The  sheriff  is  to  be  allowed  to  succeed 
himself,  as  he  may  not  under  present  law.  Each  county  (other  than  Cook) 
is  to  have  an  assessor,  which  should  produce  within  the  county  an  equality 
of  taxation  not  now  accomplished. 


Legislative  Depabtmext. 

Some  provisions  regulating  the  procedure  of  the  General  Assembly 
which  have  been  dictated  by  experience  are  incorporated  in  the  new  Con¬ 
stitution.  For  instance,  when  the  two  Houses  have  failed  to  agree  on  an 
appropriation  bill  and  it  has  been  referred  to  a  Conference  Committee,  there 
has  been  opportunity  to  insert  in  the  Conference  Committee’s  report  items 
of  appropriation  not  discussed  in  either  House  and  to  secure  the  passage  of 
the  Conference  Committee’s  report  during  the  closing  hours  of  the  session. 
In  this  procedure  there  has  been  abundant  room  for  ill-considered  and  un¬ 
wise  appropriations.  Accordingly,  it  is  provided  in  the  proposed  new  Con¬ 
stitution  that  no  subject  matter  shall  be  considered  in  any  Conference  Com¬ 
mittee  report  on  an  appropriation  bill  unless  such  matter  directly  relates 
to  matters  of  differences  between  the  two  Houses  and  has  been  specially  re¬ 
ferred  to  the  Conference  Committee,  nor  shall  the  report  of  the  Conference 
Committee  be  acted  upon  until  it  shall  have  been  printed  and  put  upon  the 


1922.1 


COXSTITUTIOXAL  COXVEXTIOX 


847 


H  is  considered. 

appropriations.  s  y  desirable  protection  against  unwise 

days  after^ldjournmen/ofthe  session' at'whTch1'^156  eff6Ct  UntiI  sixty 
the  existing  Constitution  law«  to  1™  ‘  7S1?n  at  wblcb  was  enacted.  Under 
The  time  intervening  between  adjournment011  Jljly  1  after  tile  adjournment, 
short  for  any  publicity  so  that  ^andr  July  1  is  commonly  too 

to  obey  laws  of  which  they  have  Lve^heatri®  State„are  frequently  subject 
ready  means  of  "acquiring  informLon^  heard  ^  °f  WhiCh‘  there  a™  no 

farm  lands^n^he^tafefbut  only  T^prova?  of  7  £°-  le.ncling  money  upon 
a  general  election.  Such  loans  shall  hi  ‘  ?  a  majority  o£  the  voters  at 

three  years  and  must  be  secured  l,v  fi7  amortlzed  ln  not  to  exceed  thirty- 
dccupy,  and  cultivate  the  land,  ^ninak/n^?^8386  made  by  those  who  own. 
to  be  given  to  persons  honorable  u ..  g  ?aas’  reasonable  preferences  are 
United  States.  Under  this  nrovlJon  H * S' V?  7“  the  armed  £°rees  of  the 
may,  if  it  thinks  wise,  institute  a  svsten^nfTf  ‘  7  the  General  Assembly 
The° Vhe  S°,iliby  owners  ra£her  ttan  by  tenants  encouragemen£  to  the 

ated  towns  to  villages  and  incorpor- 

Of  land  and  the  location  appearand  sV™  governing  the  use  and  appearance 
territory  into  Eones  to  7“  of  futures,  and  to  divide 

This  is  the  so-called  zoning  p?ovilfoS  may  be  aPPHed. 

Milages  the  power  to  regulate  buildine-s  in  ^tended  to  give  to  cities  and 
harmonious  and  logical  development  “Vvnp^  afway  as  to  Produce  a  more 
cities  in  other  states  gives  good  reason  ^Si^1611^1011  Wltb  this  system  in 
follow  and  that,  on  the  whole  values  nf  ^/1676  thft  desirable  results  will 

’  Values  of  real  Property  will  so  be  conserved. 


^iiicAGO  home  Kule. 

bee6n  i0hnoseWwhich°h  lat6  Mr3  haya 

tbe  City  of  Chicago.  A  large  part  of  YuJ f  which  have  peculiarly  affected 
legislators  has  been  consumed  in  the  consideration °f  tbe  State’s 
one  comparatively  small  locality.  In  the  nature  of  °£.  problems  Peculiar  to 
that  same  careful  consideration  to  questions 7"!,  f8'  “en  do  not  Sive 

or  their  constituents  which  they  give  to  .  do  not  concern  them 

constituents  are  directly  Interested  The *  m  which  they  or  their 
aded  that  it  was  wise  to  ^emov^tromthe^ehl o^tLY8  thevefore  Persm 
activities  and  to  vest  in  the  authoritie?of  the  cL  If  nu-Gener?1  Assembly's 
possible,  all  questions  which  affect  the  eitv  Qn  i  ?  £  Chicago,  just  so  far  as 

state.  Accordingly,  it  is  provided  that  subTeet  t°  1?  affec‘  the  rest  o£  the 
General  Assembly,  Chicago  is  to  possess’  fn.^r  1  th?  right  o£  Vl?t0  in  the 
complete  power  of  local  government  and  eni  muaiclpal  Purposes,  full  and 
impose  taxes  or  borrow  money  except  as  -  tu  °  -P  fle  aPtlon’  but  may  not 
or  by  the  Constitution  itself.'  The  city  mav rin' \  j  £he  General  Assembly 
frame  a  new  charter,  but  the  work  of  Hip  4  call  an  elective  convention  to 
the  voters  of  the  city  for adoption  The  ““/enUon  must  be  submitted  to 

over  State  laws  so  far  as  the  organization  of  thZ  u°  £ramed  s|mll  prevail 
tribution  of  powers  and  the  tenure  nnri  1  *  the  city  government,  the  dis- 

ployees  are  concerned.  d  comPensation  of  its  officers  and  em- 

Subject  to  regulation  by  general  law  tvio  „;+, 
operate,  sell,  pledge,  lease  or  let  public  utiUHes  or  ™ay  acduire.  construct, 
thereof.  The  consent  of  the  city  is  reouired  to  Z  V  °r.  seU  the  service 
or  consolidation  of  any  municipal  coi-porS  (excent  l  ®nlarSement 

taxing  powers  within  the  city.  If  the  citv  arlrmtt  Pt  .th®  county)  exercising 
for  the  consolidation  with  the  city  of  ant  or  an  1  ?harter’  it  may  provide 
authorities,  in  whole  or  in  nart  7™  •  any  °r  a  ocal  governments  or  other 
The  charter  may  t0  the  city  ^ 

tary  District  of  Chicago,  but  the  citv  shall  ™*  th  the  Clty  of  the  Sani- 
outside  of  its  own  limits.  7  h  1  exercise  any  taxing  powers 


848 


JOURNAL  OF  THE 


[Sept.  12, 


In  addition  to  any  other  indebtedness  permitted,  the  city  may,  after 
approval  by  the  voters  at  a  referendum  election,  issue  bonds  for  the  purpose 
of  acquiring,  leasing,  constructing  or  operating  income-producing  properties 
for  supplying  transportation  or  water,  but  before  the  issuance  of  any  such 
bonds  the  city  must  provide ‘for  the  collection  of  a  direct  annual  tax  suffi¬ 
cient  to  pay  the  interest  on  the  bonds  and  the  principal  thereof,  within  forty 
years.  After  the  city  shall  have  issued  bonds  for  such  purpose,  at  least  four 
months  before  any  tax  levied  for  the  payment  of  principal  and  interest  of 
the  bonds  becomes  collectible,  the  city  must  deposit  with  the  city  treasurer 
out  of  the  gross  earnings  of  the  utility,  a  sum  equal  in  amount  to  such  tax, 
which  shall  be  used  for  the  payment  of  the  principal  and  interest  and  to  the 
extent  that  such  funds  are  so  deposited,  the  tax  shall  not  be  collected.  The 
city  is  further  required,  if  it  shall  have  acquired  utilities  pursuant  to  'this 
section,  to  maintain  such  rates  for  service  as  will  be  sufficient  to  pay  the 
principal  and  interest  of  the  bonds  issued  for  its  acquisition  and  the  cost 
and  expense  involved  in  or  incidental  to  the  ownership,  operation  and  main¬ 
tenance  thereof.  Any  taxpayer  shall  have  the  right  to  apply  to  the  Circuit 
Court  of  Cook  County  to  enforce  these  obligations. 

The  purpose  of  these  provisions,  as  may  be  clearly  seen,  is  to  permit 
the  City  of  Chicago,  if  a  majority  of  its  citizens  so  desire,  to  acquire  and 
operate  transportation  and  water  systems  but  only  on  condition  that  such 
rates  shall  be  charged  as  shall  make  the  utilities  so  acquired  self-supporting. 
In  other  words,  the  city  may  not  acquire  a  transportation  system  and  furnish 
to  its  patrons  service  at  less  than  cost  and  compel  the  citizens  generally  to 
hear  the  deficit  through  general  taxation.  The  plan,  it  is  believed,  offers  a 
sound  and  safe  method  by  wffiich  the  people  of  Chicago  may,  if  they  desire  it, 
construct  any  system  of  transportation  or  acquire  any  traction  properties, 
and  operate  them  or  lease  them  for  private  operation,  as  they  may  elect, 
without  imposing  upon  the  taxpayers  of  the  city  the  burden  of  paying  for 
properties  which  have  been  unwisely  bought  or  unsuccessfully  operated. 


Other  Revisions. 

Among  the  other  changes  which  will  be  effected* are  these:  (1)  In  Cook 
county  supervision  of  elections  will  not  after  1925  rest  with  the  county  judge, 
but  will  be  subject  to  some  elective  officer  or  officers.  It  is  not  consistent 
with  the  true  functions  of  a  judge  that  he  should  be  burdened  with  the  ad¬ 
ministration  of  the  necessarily  complicated  election  machinery.  (2)  Public 
money  cannot  be  paid  to  sectarian  institutions  when  public  institutions  are 
available  and  when  it  is  paid  it  shall  not  exceed  the  cost  of  maintaining 
during  their  terms  of  commitment,  neglected,  defective,  dependent  or  delin¬ 
quent  persons  committed  by  courts  to  agencies  under  public  inspection. 
There  is  always  danger  in  permitting  public  money  to  be  paid  to  private 
institutions  and  this  section  wTould  seem  adequately  to  protect  both  the  wards 
of  the  State  and  the  taxpayer.  (3)  Frequent  elections  are  one  of  the  burdens 
of  citizenship,  especially  when  polling  places  are  far  from  residences.  Ac¬ 
cordingly,  it  is  provided  that  outside  of  the  County  of  Cook  all  elections  are 
to  be  held  on  one  day  in  November.  In  the  even  years  State  and  Federal 
officers  will  be  elected  and  in  the  odd  years  the  county  and  local  officers. 

A  frequent  complaint  against  the  existing  Constitution  has  been  its 
rigidity,  the  difficulty  of  amending  it.  It  is  of  the  nature  of  a  Constitution 
that  it  should  have  a  degree  of  permanence.  It  is  not  intended  to  voice 
transient  opinions  but  to  express  the  considered  convictions  of  the  people 
upon  fundamental  questions.  It  should  not,  therefore,  be  the  subject  of 
whim  or  caprice.  On  the  other  hand  a  Constitution  is  but  the  product  of 
human  beings,  prone  to  err.  There  must,  therefore,  be  some  method  by 
which  it  can  be  corrected  without  too  great  effort,  nor  should  a  small  min¬ 
ority  be  allowed  long  to  block  the  way  of  a  determined  and  continuing 
majority  to  amend  their  form  of  government.  The  objections  to  the  amend¬ 
ing  clause  of  the  present  Constitution  are  justified  and  we  have  accordingly 
relaxed  the  provision  by  allowing  amendments  to  be  proposed  by  the  Gen¬ 
eral  Assembly  to  two  articles,  instead  of  only  one,  at  the  same  session,  and 
have  changed  the  prohibition  upon  proposing  an  amendment  to  the  same 


1922.] 


CONSTITUTIONAL  CONVENTION. 


849 


HnnCinQ^te^er<» 111611  0?Ce  in  f0ur  years  so  as  t0  make  apply  onlv  to  a  sec- 

revision  of  thf  ConStnHnn  u  a.^0.nveution  shall  be  called  to  recommend  a 
0n  tne  constitution  it  will  be  composed,  as  under  the  nresent  Cnn^ti 

utmn,  of  two  delegates  from  each  senatorial  d  strict  but  to  comnmLS  ?^ 

the  hm.ted  number  of  districts  in  Cook  county  there  shall  be  elected  from 
that  county  seven  members  at  large  elected  trom 

tionTIThererarte¥orco,?rPse1  ®?£lse‘ Uffefted  ^  the  proposed  new  Constitu- 
.  .ere  are,  ot  couise,  other  alterations,  but  they  are  of  ipq«  momo-nt- 

and  it  is  impracticable  here  to  detail  them.  The  whole  Constitution  has  heen 

re-written  and  greatly  improved  in  phrasing  and  arrangement  Although 

taYnTanho,r«7i  SU^T  I0,1  dealt  with  in  tbe  ConstituUon  of  1870  it  eon 

tains  about  fifteen  hundred  fewer  words  than  that  instrument. 


Conclusion. 

the  Idoeptiogneol  f  Co^taUonUti^t^VManf  people  is 

government  than  that  which  contemplates  seltrespec“fng  anTint^g  4 

nemf  deliberately  considering  and  voluntar  ly  adopting  rules  S 
shall  be  binding  upon  themselves,  and  to  which  thev  shall  ,.  lch 

The  people  of  Illinois  are  now  called  upon  for the first timl  in ml!??*®' 
years  to  enter  upon  this  serious  undertaking.  The  delegates  to  the  (viv™ 
tion  have  constituted  but  a  committee  to  consider  the  changes  that 
them  seem  desirable,  and  to  recommend  such  changes  tn  thp  nin  +  y 

If-nuonave  s™  t  EHontEf  patient*  S°  u^n  “t&sfoif ‘f 

given 

"^1 

decislom  ^  n°W  hV6  aUd  Wi“  by  their  ballots  »  just  'and  wise 

oELUTE  U1922’ the  election  will  be  held  to  determine  whether  our 
man  of  tbe  we!(are  of  the  State  shall  be  approved.  On  that  date  every 
man  and  woman  who  loves  his  or  her  State  should  glory  to  discharge  the 

aJ  the  pons  '  Uty  °f  free  men  and  free  women  aDd  «*teter  their  opinions 

Mr.  Davis  offered  the  following  resolution  and  moved  its  adoption : 

Resolution  No.  41. 

of  state  Secretary  ami  be  delivered  by  the  President  to  the  Secretary 
And  the  resolution  was  adopted. 

Mi.  Davis  offered  the  following  resolution  and  moved  its  adoption: 

Resolution  No.  42. 

and  ^frp^w  T^at  the .  President  of  the  Convention  is  hereby  authorized 
d  diiccted  to  have  printed  not  less  than  one  million  copies  of  the  Consti 

disl“butenitnamd  t0SetIlerf  Witb  the  address  to  the  people-  E  th  President' 
Delegate  and  that  tPbfr»f  SU°-1  annotated  Constitution  and  address  to  each 
dirpu  twdthth  p  the  remaining  copies  be  distributed  as  the  President  may 

no?  eVthan'm ST*?1  iS/urtber  “thortaed  and  directed  to  have  printed 
than  10,000  copies  of  said  address  to  the  people;  that  the  President 
— 54  C  J 


850 


JOURNAL  OF  TRIE 


[Sept.  12, 


distribute  25  copies  of  such  address  to  each  Delegate  and  that  the  remaining 
copies  be  distributed  as  the  President  may  direct;  that  the  President  is 
hereby  authorized  and  directed  to  have  printed,  and  bound  in  a  suitable 
manner,  130  facsimile  copies  of  the  enrolled  Constitution  from  the  original 
setting  of  type  for  such  enrollment,  one  copy  for  each  Delegate,  one  copy 
for  the  family  of  each  deceased  Delegate,  one  copy  for  each  Delegate  who 
has  resigned,  one  copy  for  each  of  the  present  elective  State  officers,  one 
copy  to  the  State  Library,  one  copy  to  the  Historical  Library,  one  copy  to 
the  Supreme  Court  Library,  one  copy  to  each  of  the  four  Appellate  Court 
Libraries,  two  copies  to  the  University  of  Illinois,  one  copy  to  the  Legis¬ 
lative  Reference  Bureau  of  the  State  and  the  remaining  copies  to  be  dis¬ 
tributed  as  the  President  may  direct. 

And  the  resolution  was  adopted. 

Mr.  AY  hitman  offered  the  following  resolution  and  moved  its  adop¬ 
tion  : 


Resolution  No.  43. 


Resolved ,  That  bound  copies  of  the  printed  documents  of  this  Conven¬ 
tion  be  distributed  by  or  under  the  direction  of  the  President,  as  follows: 

To  each  Delegate  of  the  Convention: 

One  copy  of  each  proposal  offered; 

Five  copies  of  the  journal  of  the  Convention; 

Five  copies  of  the  journal  of  the  Committee  of  the  Whole; 

One  cop\  of  the  reports  of  standing  committees  on  proposals  reported 
by  such  committees,  except  the  reports  of  the  Committee  on  Phraseology 
and  Style; 

Two  copies  of  the  reports  of  the  Committee  on  Phraseology  and  Style; 

Ten  copies  of  the  debates  of  the  Convention. 

To  the  Governor,  Lieutenant  Governor,  Secretary  of  State,  Auditor  of 
Public  Accounts,  Treasurer,  Attorney  General,  Superintendent  of  Public 
Instruction  and  to  each  Justice  of  the  Supreme  Court,  one  copy  of  the  de¬ 
bates. 


To  Illinois  State  Library,  the  Illinois  Historical  Library,  the  Illinois 
Supreme  Court  Library,  each  Appellate  Court  Library,  the  Legislative  Ref¬ 
erence  Bureau,  the  Library  of  the  University  of  Illinois,  the  Law  Library  of 
the  University  of  Illinois,  each  five  copies  of  each  of  such  documents. 

To  each  public  library  and  each  college  library  in  the  State,  one  copy 
of  the  debates  of  the  Convention. 

To  the  Secretary  of  State,  the  remaining  copies  for  general  distribution. 


And  the  resolution  was  adopted. 

i  he  President  laid  before  the  Convention  the  following  report : 

In  accordance  with  section  6  of  an  Act  entitled,  “An  Act  to  assemble 
a  Convent!011  to  revise,  alter  or  amend  the  Constitution  of  the  State  of 
Illmms,  approved  June  21,  1919,  in  force  July  1,  1919,  the  President  reports 
that  on  the  first  day  of  February,  A.  D.  1922,  he  certified  to  the  Auditor  of 
Public  Accounts  the  pay,  mileage  and  allowance  for  the  Delegates  to  the 
Convention  elected  to  fill  vacancies,  as  follows: 


Adam  Adamkiewicz  . 

Edward  E.  Adams . 

Charles  D.  Cary . 

B.  L.  Catron . 

B.  H.  Pinnell . 

George  W.  Tebbens . 

Totals  . 

Respectfully  submitted, 


Pay. 

Mileage. 

Allowance. 

$2,000 

00 

$37  20 

$50 

00 

2,000 

00 

5  40 

50 

00 

2,000 

00 

29  20 

50 

00 

2,000 

00 

50 

00 

2,000 

00 

22  60 

50 

00 

2,000 

00 

37  50 

50 

00 

$12,000 

00 

$131  90 

Vi 

CO 

o 

o 

00 

(Signed)  Charles  E.  Woodward, 


In  the  Hall  of  the  House  of  Representatives,  this 
twelfth  day  of  September,  A.  D.,  1922. 


President. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


851 


The  President  laid  before  the  Convention  the  further 
expenses  of  the  Convention,  as  follows: 


report  of  the 


Financial  Report  of  the  President. 

hv  pit®  P6Siient  submits  herewith  a  report  of  the  vouchers  signed 
J  him  under  the  provisions  of  an  Act  entitled  “An  Act  to  assemble  a 
Convention  to  revise  alter  or  amend  the  Constitution  of  the  State  of 
IUmms  approved  June  21,  1919,  m  force  July  1,  1919;  and  of  an 
Act  entitled,  An  Act  to  appropriate  the  unexpended  balance  of  the 
appiopriation  made  by  an  Act  entitled,  ‘An  Act  to  assemble  a  Conven- 
tion  to  levise,  alter  or  amend  the  Constitution  of  the  State  of  Illinois  * 

,o”  **  '■  m9~  w'1 »t 

tembffli.TD.m?'  *"  ““*1  "P  *°  "d  ”“l",Jlri« 


852 


JOURNAL  OF  THE 


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CONSTITUTIONAL  CONVENTION 


853 


FINANCIAL  REPORT — Continued. 


854 


JOURNAL  OF  THE 


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CONSTITUTIONAL  CONVENTION 


859 


■  1  1  III  1  1  1  1  III  1  1  1  %  1  1  III  1  1  II  1  1  1 

1  III  1  1  1  1  III  1  1  1  1  1  III  1  1  II  1  1  1 

III  1  1  1  1  III  1  1  1  I  1  III  1  1  II  1  1 

III  1  1  1  1  III  1  1  1  1  •  III  1  1  II  1  1  1 

III  1  1  1  1  III  1  1  1  *  *  III  1  1  II  1  I  1 

1  III  1  1  1  1  III  1  1  1  1  1  III  1  I  II  1  1  1 

III  I  1  1  1  III  1  1  1  1  1  III  1  1  II  I  1  1 

1  III  1  1  1  1  III  1  1  1  I  I  III  1  1  II  1  1 

1  1  1  III  1  1  1  1  III  1  1  1  1  1  III  1 

.  Ill  1  1  1  1  III  1  1  1  1  1  III  1  1  II  1  1  1 

III  1  1  1  1  III  1  1  1  1  1  III  1  1  II  1  1  1 

!  i  ,  ill  i  i  i  i  iii  i  i  i  i  . . .  •  •  > 

i  iii  i  i  i  i  iii  i  i  i  •  *  iii  i  i  ii  i 

!  iii  i  i  i  i  iii  i  i  i  i  •  iii  i  i  ii  i  i  • 

1  |  a.  |  III  1  1  1  1  1  ill  l  1  II  1  1  1 

,11  |  |  |  |  III  1  1  1  1  1  III  1  1  II  1  1  1 

,  |  |  ill  1  l  l  1  III  1  1  •  1  1  III  1  1  II  1  1  1 

1  .  ,  i  iii  i  i  i  i  iii  i  i  i  '  i  iii  i  i  ii  i  i  i 

1  III  1  1  l  1  III  1  1  1  l  •  III  1  1  II  l  l 

1  III  1  1  l  1  III  1  1  1  l  1  III  1  1  ll  l  1  l 

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JOURNAL  OF  THE 


[Sept.  12, 


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1922.] 


CONSTITUTIONAL  CONVENTION. 


875 


Mr.  Wilson  offered  the  following  resolution  and  moved  its  adoption : 

Resolution  No.  44. 

Resolved,  That  the  President,  with  the  approval  of  the  Committee  on 
Expenditures  and  Supplies,  be  and  he  is  hereby  authorized  to  employ  the 
following  clerical  and  stenographic  and  other  assistants  necessary  to  con¬ 
clude  the  work  of  the  Convention  and  the  officers  and  committees  thereof: 

An  Executive  Secretary  for  the  Committee  on  Submission  and  Address; 

Two  Clerks  for  the  Committee  on  Submission  and  Address; 

Five  Stenographers  and  Copyists  for  the  Committee  on  Submission  and 
Address; 

Private  Secretary  to  the  President. 

Legal  Secretary  to  the  President. 

Three  Stenographers  for  the  use  of  the  President,  Secretary  and  the 
Committee  to  Revise  and  Correct  the  Debates; 

One  Janitor  for  the  office  of  the  President  and  Secretary; 

Two  Proof  Readers; 

Assistant  Secretary  of  the  Convention;  one  Stenographer  for  the  Secre¬ 
tary  of  the  Convention. 

File  Clerk  in  the  office  of  the  Secretary  of  the  Convention; 

That  the  compensation  to  be  allowed  and  paid  for  the  clerical,  steno¬ 
graphic  and  other  assistants  aforesaid  shall  not  exceed  ten  thousand  dollars; 

That  the  President,  with  the  approval  of  the  Committee  on  Expenditures 
and  Supplies,  may  contract  for  and  procure  the  necessary  rooms,  stationery 
and  office  supplies,  postage,  printing,  binding,  express  and  other  distribution 
and  committee  expenses  and  may  incur  and  pay  all  other  expenses  incident 
to  finally  completing  the  work  of  the  Convention  and  may  approve  and  cer¬ 
tify  vouchers  for  such  obligations  and  expenses  to  an  amount  not  exceeding 
seventy  thousand  dollars. 

And  the  resolution  was  adopted. 

Mr.  Hamill  moved  that  when  the  Convention  adjourns  today  it 
stand  adjourned  until  Tuesday,  October  10,  1922,  at  10  :00  o’clock  a.  m. 

And  the  motion  prevailed. 

Mr.  Hamill  moved  that  when  the  Convention  adjourns  on  October 
10,  1922,  it  stand  adjourned  sine  die. 

And  the  motion  prevailed. 

Mr.  Smith  moved  that  the  President  appoint  a  committee  of  three 
Delegates  to  approve  the  Journals  of  the  last  three  days  of  the  Con¬ 
vention. 

And  the  motion  prevailed. 

The  President  thereupon  appointed  as  such  committee,  Messrs. 
Smith,  Mills  and  Einaker. 

Mr.  Clarke  presiding. 

Mr.  Shanahan  offered  the  following  resolution  and  moved  its 
adoption : 

Resolution  No.  45. 

Resolved,  That  the  thanks  of  this  Convention  should  be  and  hereby  are 
tendered  to  the  Honorable  Charles  E.  Woodward  for  his  uniform  courtesy, 
his  unfailing  fairness,  and  his  distinguished  ability  as  the  presiding  officer 
of  this  body.  Through  all  the  long  and  trying  days  and  nights  of  our  sittings 
his  patience  has  never  flagged  and  through  the  exacting  hours  of  committee 
service  his  intelligent  advice,  has  been  ever  helpful.  We  acknowledge  that 
without  his  foresight,  judgment  and  tact  our  task  would  have  been  far 
harder  and  perhaps  impossible.  He  has  won  not  only  our  admiration  and 
respect  but  our  affection  as  well.  We  therefore,  direct  that  these  imperfect 
words  of  appreciation  be  spread  upon  the  Journal  of  this  day’s  proceedings 


JOURNAL  OF  THE 


876 


[Sept.  12, 


and  an  engrossed  copy  thereof  be  delivered  to  our  President  and  friend, 
Charles  E.  Woodward. 

And  the  resolution  was  unanimously  adopted  b}r  a  rising  vote. 

Mr.  Barr  moved  that  a  vote  of  thanks  be  extended  by  the  Conven¬ 
tion  to  its  Secretary,  B.  H.  McCann,  and  his  assistants,  for  their  uniform 
and  efficient  services  in  the  Convention. 

And  the  motion  was  unanimously  adopted  by  a  rising  vote. 

Mr.  Mills  moved  that  when  the  Convention  adjourns  today  it 
adjourn  with  prayer  by  the  Chaplain,  Dr.  A.  E.  Turner,  President  of 
Lincoln  College,  of  Lincoln. 

And  the  motion  prevailed. 

Mr.  Wilson  offered  the  following  resolution  and  moved  its  adoption: 

Resolution  No.  46. 

Once  more  death  has  invaded  our  ranks.  This  time  he  stalked  in  un¬ 
announced,  more  roughly  than  is  usual,  and  smote  our  fellow  Delegate, 
Levy  Mayer.  He  was  still  in  his  prime  and  of  great  intellectual  power.  If 
his  voice  had  not  been  silenced  it  might  yet  have  been  raised  in  unrivalled 
eloquence  to  proclaim  the  merits  of  the  Constitution  he  had  helped  to  frame 
for  his  adopted  State.  We  deplore  his  going  and  here  record  our  sense  of 
loss,  our  appreciation  of  his  ability  and  our  sympathy  with  those  who  loved 
him. 

And  the  resolution  was  unanimously  adopted  by  a  rising  vote. 

Mr.  O’Brien  moved  that  a  copy  of  the  foregoing  resolution,  suitably 
engrossed,  be  forwarded  to  the  family  by  the  Secretary. 

And  the  motion  prevailed. 

Mr.  Wilson  moved  that  the  Convention  do  now  adjourn. 

And  in  accordance  with  the  motion  heretofore  adopted,  prayer  was 
offered  by  the  Chaplain,  and  at  the  hour  of  7  :15  o’clock  p.  m.,  the  motion 
prevailed  and  the  Convention  stood  adjourned  until  Tuesday,  October 
10,  1922,  at  10 :00  o’clock  a.  m. 


1922.] 


CONSTITUTIONAL  CONTENTION. 


877 


TUESDAY,  OCTOBER  10,  1922,  10  :00  O’CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment. 

The  President  presiding. 

The  President  reported  that  he  had  delivered  to  the  Secretary  of 
State,  pursuant  to  Eesolution  No.  40,  adopted  by  the  Convention  on 
September  12,  1922,  the  revised  copy  of  the  Constitution,  duly  authenti¬ 
cated  as  enrolled  by  the  Convention  and  adopted  on  September  12,  1922, 
which  copy  so  delivered  to  the  Secretary  of  State  reads  as  follows : 

CONSTITUTION  OF  ILLINOIS. 

Preamble. 

We,  the  people  of  the  State  of  Illinois,  grateful  to  Almighty  God 
for  the  civil,  political  and  religious  liberties  which  He  hath  so  long 
pemitted  us  to  enjoy  and  looking  to  Him  for  a  blessing  upon  our  en¬ 
deavors  to  secure  and  transmit  them  unimpaired  to  succeeding  genera¬ 
tions,  in  order  to  form  a  more  perfect  government,  establish  justice, 
insure  domestic  tranquility,  provide  for  the  common  defense,  promote 
the  general  welfare  and  secure  the  blessings  of  liberty  to  ourselves  and 
our  posterity,  do  ordain  and  establish  this  Constitution. 

ARTICLE  I. 

Bill  of  Eights. 

Section  1.-  All  men  are  by  nature  free  and  independent  and  have 
certain  inherent  and  inalienable  rights;  among  these  are  life,  liberty 
and  the  pursuit  of  happiness.  To  secure  these  rights  and  the  protection 
of  property,  governments  are  instituted  among  men,  deriving  their  just 
powers  from  the  consent  of  the  governed.  A  frequent  recurrence  to  the 
fundamental  principles  of  civil  government  is  necessary  to  preserve  the 
blessings  of  liberty. 

Section  2.  No  person  shall  be  deprived  of  life,  liberty  or  property 
without  due  process  of  law. 

Section  3.  The  free  exercise  and  enjoyment  of  religious  profession 
and  worship  without  discrimination  shall  forever  be  guaranteed.  iNo 
person  shall  be  denied  any  civil  or  political  right,  privilege  or  capacity 
on  account  of  his  religious  opinions.  The  liberty  of  conscience  hereby 
secured  shall  not  be  construed  to  dispense  with  oaths  or  affirmations, 
excuse  acts  of  licentiousness  or  justify  practices  inconsistent  with  the 
peace  or  safety  of  the  state.  No  person  shall  be  required  to  attend  or 
support  any  ministry  or  place  of  worship  against  his  consent,  nor  shall 
any  preference  be  given  by  law  to  any  religious  denomination  or  mode 
of  worship.  The  reading  of  selections  from  any  version  of  the  Old  and 


878  JOURNAL  OF  THE  [Oct.  10, 

New  Testaments  in  the  public  schools  without  comment  shall  never  be 
held  to  be  in  conflict  with  this  constitution. 

Section  4.  Every  person  may  freely  speak,  write  or  publish  on 
any  subject  but  is  responsible  for  the  abuse  of  this  liberty.  In  trials 
for  libel,  civil  or  criminal,  the  truth  when  published  with  good  motives 
and  for  justifiable  ends  is  a  sufficient  defense. 

Section  5.  The  right  of  trial  by  jury  shall  remain  inviolate  but 
may  be  waived  except  in  capital  cases.  The  general  assembly  may  pro¬ 
vide  that  women  may  be  eligible  to  serve  as  jurors.  Juries  of  less  than 
twelve  in  civil  cases  may  be  authorized  by  law. 

Section  6.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects  against  unreasonable  searches  and  seizures 
shall  not  be  violated.  No  warrant  shall  issue  without  probable  cause, 
supported  by  affidavit  particularly  describing  the  place  to  be  searched 
and  the  persons  or  things  to  be  seized. 

Section  7.  Excessive  bail  shall  not  be  required.  The  privilege  of 
the  writ  of  habeas  corpus  shall  not  be  suspended  unless  in  case  of  re¬ 
bellion  or  invasion  the  public  safety  may  require  it. 

Section  8.  No  person  shall  be  held  to  answer  for  a  capital  offense 
unless  on  indictment  of  a  grand  jury.  Offenses  which  may  be  punished 
by  imprisonment  in  the  penitentiary  may  be  prosecuted  by  indictment 
or  on  information  filed  by  the  attorney  general  or  by  a  state’s  attorney. 
No  such  information  shall  be  filed  by  a  state’s  attorney  except  by  leave 
granted,  either  in  term  time  or  in  vacation,  by  a  judge  of  a  court  of 
record  having  jurisdiction  of  the  offense,  after  a  showing  of  probable 
cause.  All  other  offenses  may  be  prosecuted  a's  provided  by  law.  This 
section  shall  not  apply  to  cases  of  impeachment,  cases  arising  in  the 
army  and  navy  and  in  the  militia,  when  in  actual  service  in  time  of  war 
or  public  danger. 

Section  9.  In  all  criminal  prosecutions  the  accused  shall  have 
the  right  to  appear  and  defend  in  person  and  by  counsel  ;  to  demand 
the  nature  and  cause  of  the  accusation  and  to  have  a  copy  thereof;  to 
meet  the  witnesses  face  to  face ;  to  have  process  to  compel  the  attendance 
of  witnesses  in  his  behalf ;  and  to  have  a  speedy  public  trial  by  an  im¬ 
partial  jury  of  the  county  or  district  in  which  the  offense  is  alleged 
to  have  been  committed. 

Section  10.  No  person  shall  be  compelled  in  any  criminal  case  to 
give  evidence  against  himself  or  be  put  in  jeopardy  twice  for  the  same 
offense. 

Section  11.  All  penalties  shall  be  proportioned  to  the  nature  of 
the  offense.  No  conviction  shall  work  corruption  of  blood  or  forfeiture 
of  estate.  No  person  shall  be  transported  out  of  the  state  for  any  offense 
committed  therein. 

Section  12.  No  person  may  be  imprisoned  for  debt  except  upon 
refusal  to  deliver  up  his  estate  for  his  creditors  as  prescribed  by  law  or 
in  case  of  strong  presumption  of  fraud. 

Section  13.  Private  property  shall  not  be  taken  or  damaged  for 
public  use  without  just  compensation  which,  when  not  made  by  the  state, 
shall  be  ascertained  by  a  jury. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


879 


Section  14.  No  ex  post  facto  law  or  law  impairing  the  obligation 
of  contracts  or  making  any  irrevocable  grant  of  special  privileges  or 
immunities  shall  be  passed. 

Section  15.  The  military  shall  be  in  strict  subordination  to  the 
civil  power.  No  soldier  in  time  of  peace  shall  be  quartered  on  a  house¬ 
holder  without  his  consent  or  in  time  of  war  except  as  provided  by  law. 

Section  16.  The  people  have  the  right  to  assemble  in  a  peaceable 
manner  to  consult  for  the  common  good,  to  make  known  then  opinions 
to  their  representatives  and  to  apply  for  redress  of  griei  ances. 

Section  17.  All  elections  shall  be  free  and  equal. 

Section  18.  Every  person  ought  to  find  a  certain  remedy  in  the 
law  for  all  injuries  and  wrongs  which  he  may  receive  in  his  person, 
property  or  reputation.  He  ought  to  obtain  right  and  justice  h\  law, 
freeffi,  without  being  obliged  to  purchase  it,  completely  and  without 

denial,  promptly  and  without  delay. 

Section  19.  Laws  shall  he  applicable  alike  to  all  citizens  without 

regard  to  race  or  color. 

ARTICLE  II. 

Powers  and  Form  of  Government. 

Section  20.  The  legislative,  executive  and  judicial  departments 
shall  be  separate  and  no  one  of  them  shall  exercise  powers  properly 
belonging  to  another. 

Section  21.  -  The  republican  form  of  government  of  this  State  shall 
never  he  abandoned,  modified  or  impaired. 

ARTICLE  III. 

Legislative  Department. 

Section  22.  The  legislative  power  shall  be  vested  in  a  general 
assembly  consisting  of  a  senate  and  a  house  of  representatives. 

Section  23.  The  general  assembly  at  the  regular  sessions  in  nine¬ 
teen  hundred  twenty-three,  nineteen  hundred  thirty-three  and  every 
twelve  years  thereafter  shall  apportion  the  state  into  fifty-seven  sena¬ 
torial  districts  each  of  which  shall  elect  one  senator  and  into  one  hundred 
fifty-three  representative  districts  each  of  which  shall  elect  one  repre¬ 
sentative.  The  basis  of  apportionment  for  both  houses  shall  be  the 
number  voting  for  governor  at  the  last  regular  election  for  that  office 
previous  to  the  apportionment.  Every  district  shall  he  formed  of  com¬ 
pact  and  contiguous  territory  and  shall  be  bounded  by  county  lines 
except  in  counties  comprising  two  or  more  districts  when  such  districts 
may  be  bounded  by  precinct  or  ward  lines.' 

The  territory  now  forming  the  county  of  Cook  shall  constitute 
-nineteen  senatorial  districts.  The  territory  forming  the  rest  of  the  state 
shall  constitute  thirty-eight  senatorial  districts.  At  each  apportionment 
the  number  so  voting  in  the  county  of  Cook  shall  be  divided  by  nine¬ 
teen  and  the  quotient  shall  be  the  senatorial  ratio  for  that  territory  and 
the  number  so  voting  in  the  rest  of  the  state  shall  be  divided  by  thirty- 


880 


JOURNAL  OF  THE 


[Oct.  10, 


eight  and  the  quotient  shall  be  the  senatorial  ratio  for  that  territory. 
The  senatorial  districts  in  each  territory  shall  contain  as  nearly  as  prac¬ 
ticable  the  ratio  for  that  territory  but  in  no  case  less  than  three-fourths 
of  such  ratio. 

At  each  apportionment  the  number  so  voting  in  the  entire  state 
shall  be  divided  by  one  hundred  fifty-three  and  the  quotient  shall  be 
the  representative  ratio  for  the  state.  Representative  districts  shall 
contain  as  nearly  as  practicable  the  representative  ratio.  .  Xo  district 
shall  contain  less  than  four-fifths  of  the  representative  ratio.  But  a 
county  having  less  than  four-fifths  of  the  ratio  may  be  joined  with  an 
adjoining  county  having  less  than  the  ratio  in  forming  a  district; 
counties  having  less  than  four-fifths  of  the  ratio  may  be  formed  into 
districts  of  one  or  more  counties;  such  districts  shall  be  as  near  the 
ratio  as  practicable;  and  when  of  more  than  one  county  such  counties 
shall  be  adjoining.  Counties  comprising  not  less  than  one  ratio  and 
three-fourths  shall  be  divided  into  two  or  more  districts.  Eaeh  district 
in  counties  comprising  more  than  two  districts  shall  contain  at  least  the 
full  ratio. 

Section  24.  If  the  general  assembly  fails  to  make  any  such 
apportionment  it  shall  be  the  duty  of  the  secretary  of  state,  the  attorney 
general  and  the  auditor  of  public  accounts  to  meet  at  the  office  of  the 
governor  within  ninety  days  after  the  adjournment  of  the  regular  session 
of  the  year  designated  for  that  purpose  and  make  an  apportionment  as 
provided  in  section  twenty-three  of  this  constitution. 

Section  25.  Senators  shall  be  at  least  twenty-five  and  representa¬ 
tives  at  least  twenty-one  years  of  age.  Xo  person  shall  be  a  member  of 
the  general  assembly  who  holds  any  other  lucrative  public  office  or 
employment  (except  as  a  militia  officer  or  justice  of  the  peace)  or  is  not 
a  citizen  of  the  United  States  or  has  not  resided  for  five  years  in  the 
state  and  for  two  years  next  before  his  election  in  the  territory  forming 
the  district. 

Section  26.  Senators  from  even  numbered  districts  shall  be 

elected  in  nineteen  hundred  twentv-four  and  those  from  odd  numbered 

«/ 

districts  in  nineteen  hundred  twenty-six  and  every  four  years  there¬ 
after.  Representatives  shall  be  elected  in  nineteen  hundred  twenty-four 
and  every  two  years  thereafter.  Senators  shall  hold  office  for  four  years 
and  representatives  for  two  years  beginning  on  the  day  of  the  convening 
of  the  regular  session  next  after  the  election.  Vacancies  shall  he  filled 
by  special  elections  called  by  the  governor. 

TIME  OF  MEETING  AND  RULES. 

Section  27.  The  general  assembty  shall  convene  at  noon  on 
Wednesday  after  the  first  Monday  in  January  in  odd  numbered  years. 
The  secretary  of  state  shall  preside  over  the  house  of  representatives 
until  a  temporary  presiding  officer  is  chosen  who  shall  preside  until 
a  speaker  is  chosen.  The  lieutenant  governor  shall  preside  over  the 
senate  and  may  vote  in  case  of  tie.  The  senate  shall  choose  a  president 
to  preside  during  the  absence  or  pending  the  impeachment  of  the  lieu¬ 
tenant  governor  or  while  he  acts  as  governor. 


1922.]  CONSTITUTIONAL  CONVENTION.  881 

Section  28.  The  governor  may  convene  the  general  assembly  by 
proclamation  on  extraordinary  occasions;  but  it  shall  enter  upon  no 
business  save  that  stated  in  the  proclamation  or  in  one  additional  mes¬ 
sage  from  the  governor  during  the  session. 

Section  29.  Members  of  the  general  assembly  before  entering 
upon  their  duties  shall  take  and  subscribe  the  following  oath  or  affirma¬ 
tion:  .  . 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitu¬ 
tion  of  the  United  States  and  the  constitution  of  the  State  of  Illinois 
and  will  faithfully  discharge  the  duties  of  senator  (or  representative) 
to  the  best  of  my  ability;  that  I  have  not,  knowingly  or  intentionally, 
paid  or  contributed  anything  or  made  any  promise  in  the  natuie  o 
a  bribe  directly  or  indirectly  to  influence  any  vote  at  my  election ,  that 
I  have  not  accepted,  nor  will  I  accept  or  receive,  directly  or  indirectly, 
any  money  or  other  valuable  thing  from  any  corporation,  association 
or  person  for  any  vote  or  influence  I  may  give  or  withhold  on  any  bill, 
resolution  or  appropriation  or  for  any  other  official  act. 

This  oath  shall  be  administered  by  a  judge  of  the  supreme  or  cir¬ 
cuit  court  in  the  hall  of  the  house  to  which  the  member  is  elected. 
The  secretary  of  state  shall  record  and  file  the  oath  subscribed  by  each 
member.  Any  member  who  refuses  to  take  this  oath  shall  forfeit  his 
office.  Any  member  who  is  convicted  of  swearing  falsely  to  or  of  vio¬ 
lating  his  oath  shall  forfeit  his  office  and  be  disqualified  thereafter  from 
holding  any  office  in  this  state. 

Section  30.  A  majority  of  the  members  elected  to  each  house 
shall  constitute  a  quorum.  Each  house  shall  determine  its  rules,  choose 
its  temporary  and  permanent  officers  and  judge  the  election  and  quali¬ 
fications  of  its  members.  Each  house  may  punish  by  imprisonment  not 
exceeding  twenty-four  hours  (unless  the  offense  is  persisted  in)  any 
person  not  a  member  guilty  of  disorderly  or  contemptuous  behavior  in 
its  presence;  and  by  a  vote  of  two-thirds  of  those  elected  and  once  only 
for  the  same  offense  may  expel  a  member. 

Section  31.  The  doors  of  each  house  and  of  committees  of  the 
whole  shall  be  open  except  when  in  the  opinion  of  the  house  secrecy  is 
required.  Xeither  house  without  the  consent  of  the  other  shall  change 
its  place  of  sitting  or  adjourn  for  more  than  three  days.  Each  house 
shall  keep  and  publish  a  journal  of  its  proceedings.  Two  members  of 
the  senate  or  five  members  of  the  house  may  have  the  yeas  and  nays 
taken  on  any  question  and  entered  upon  the  journal.  Two  members  of 
either  house  may  have  entered  upon  the  journal  in  respectful  language 
the  reasons  for  their  dissent  from  or  protest  against  any  act  or  reso¬ 
lution. 

Section  32.  Tf  the  two  houses  disagree  as  to  time  of  adjourn¬ 
ment,  the  governor  on  receiving  a  certificate  of  such  disagreement  from 
either  house  may  adjourn  the  general  assembly  to  any  time  not  beyond 
the  first  day  of  the  next  regular  session. 

Section  33.  By  joint  resolution  concurred  in  on  roll  call  by  two- 
thirds  of  the  members  elected  to  each  house,  the  general  assembly  may 
authorize  committees  to  continue  after  its  adjournment  sine  die  and 
until  the  next  regular  session  convenes. 

—56  C  J 


882 


JOURNAL  OF  THE 


[Oct.  10, 


LEGISLATIVE  PROCEDURE. 

Section  34.  Xo  law  shall  be  passed  except  by  bill.  Bills  may  be 
originated,  amended  or  rejected  in  either  house. 

Section  35.  The  enacting  clause  of  laws  shall  be:  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly. 

Section  36.  Xo  act  shall  embrace  more  than  one  subject  and  that 
shall  be  expressed  in  the  title.  Any  act  embracing  a  subject  not  ex¬ 
pressed  in  the  title  shall  be  void  only  as  to  such  subject.  Xo  act  shall 
be  revived  by  reference  to  its  title  only.  An  act  expressly  amending  an 
act  shall  set  forth  at  length  the  section  or  sections  as  amended. 

Section  31.  Appropriation  bills  to  pay  members,  officers  and 
employees  of  the  general  assembly  shall  contain  no  provision  on  any 
other  subject.  Appropriations  for  the  offices  of  governor,  lieutenant 
governor,  secretary  of  state,  attorney  general,  treasurer,  auditor  of 
public  accounts  and  superintendent  of  public  instruction  shall  be  made 
by  separate  bills  for  each  office. 

Section  38.  Bills  making  appropriations  of  money  out  of  the 
treasury  shall  specify  the  objects  and  purposes  for  which  the  appropria¬ 
tions  are  made  and  appropriate  to  them  respectively  their  several 
amounts  in  distinct  items  and  sections. 

Section  39.  Xo  subject  matter  shall  be  included  in  any  con¬ 
ference  committee  report  on  an  appropriation  bill  unless  such  subject 
matter  directly  relates  to  matters  of  difference  between  the  houses  and 
has  been  specifically  referred  to  the  conference  committee.  Xo  appro¬ 
priation  bill  shall  be  passed  and  no  report  of  any  conference  committee 
on  an  appropriation  bill  shall  be  considered  unless  the  bill  or  report 
has  been  printed  in  its  final  form  and  placed  on  the  desks  of  the  mem¬ 
bers  at  least  three  legislative  days  prior  to  the  final  passage  of  the  bill 
or  the  consideration  of  the  report. 

Section  40.  Every  bill  shall  be  read  b}^  title  on  three  different 
days  in  each  house  but  the  rules  of  either  house  may  provide  for  the 
reading  of  bills  at  greater  length  on  second  and  third  reading. 

Section  41.  Every  bill  and  all  amendments  thereto,  except  an 
amendment  striking  out  an  emergency  clause,  shall  be  printed  before 
final  passage  in  each  house.  Xo  bill  shall  become  law  unless  on  final 
passage  in  each  house  a  majority  of  the  members  elected  concur  by  yea 
and  nay  vote  which  shall  be  taken  separately  on  each  bill  and  entered 
upon  the  journals.  A  hen  passed  by  both  houses  a  bill  shall  be  signed  by 
the  presiding  officers  thereof  and  the  facts  of  printing,  placing  on  the 
desks  of  members,  signing  and  presentation  to  the  governor  and  the 
date  of  such  presentation  shall  be  entered  upon  the  journals. 

Section  42.  Every  bill  passed  by  the  general  assembly  shall  be 
presented  to  the  governor  and  if  signed  by  him  shall  thereupon  become 
law.  At  the  time  of  signing  an  appropriation  bill  the  governor  may 
disapprove  any  section  or  item  thereof  by  appending  to  the  bill  a  state¬ 
ment  of  his  objections.  If  the  governor  does  not  approve  a  bill  or  if  he 
disapproves  an  appropriation  bill  in  part,  he  shall  return  the  bill  with 
his  objections  to  the  house  where  it  originated.  If  thereafter  such 
disapproval  bill  or  any  disapproved  section  or  item  of  an  appropriation 


1922.] 


CONSTITUTIONAL  CONVENTION, 


883 


bill  is  again  approved  by  two-thirds  of  the  members  elected  to  each 
house  the  bill  or  such  section  or  item  of  an  appropriation  bill  shall 
become  law  notwithstanding  the  objections  of  the  governor  Any  dis¬ 
approved  bill  or  disapproved  part  of  an  appropriation  bnl  shall  be  recon¬ 
sidered  first  in  the  house  where  the  bill  originated  and  then  sent  with 
the  objections  of  the  governor  to  the  other  house.  Each  house  be  ore 
reconsidering  shall  enter  the  governor’s  objections  at  large  upon  its 

journal.  ^  ,g  ^  returned  by  the  governor  within  ten  days, 

Sundays  excepted,  after  it  is  presented  to  him  shall  thereupon  become 
law  as"  if  he  had  signed  it.  If  the  general  assembly  by  adjournment 
prevents  its  return  the  bill  shall  become  law  at  the  end  of  thirty  days 
after  such  adjournment  unless  within  that  time  the  governor  flies  the 

bill  and  his  objections  with  the  secretary  of  state. 

Section  43.  No  appropriation  act  shall  take  effect  until  tne  nrst 
day  of  July  succeeding  its  enactment  and  no  other  act  shall  take  effect 
until  sixty"  days  after  the  adjournment  of  the  session  at  which  it  was 
enacted ;  but  in  an  emergency,  the  fact  of  which  shall  be  expressed  m 
the  body  of  the  act,  the  general  assembly  may  direct  otherwise  by  a 
vote  of  two-thirds  of  the  members  elected  to  each  house. 


LEGISLATIVE  LIMITATIONS. 

Section  44.  No  local  or  special  law  shall  grant  divorces,  change 
the  names  of  persons  or  places;  provide  for  opening,  altering  or  voik- 
ing  public  highways;  vacate  highways,  public  grounds  or  town  plats; 
regulate  county  or  town  affairs;  create  municipal  corporations  or  amend 
their  charters;  provide  for  summoning  or  impaneling  juries,  provide 
for  the  management  of  common  schools;  regulate  interest  iates,  legis¬ 
late  elections  or  designate  places  of  voting ;  regulate  the  sale  or  mort¬ 
gage  of  real  estate  of  persons  under  disability ;  protect  game  or  fish 
unless  by  reasonable  classification  of  waters;  authorize  feiries  oi  to 
bridges; "remit  fines,  penalties  or  forfeitures;  change  the  law  of  descent; 
grant  the  right  to  construct  railroad  tracks;  grant  any  special  or  ex¬ 
clusive  privilege,  immunity  or  franchise ;  or  grant  or  change  any  cor¬ 
porate  powers  except  those  of  educational,  charitable,  lefoimator)  or 
penal  corporations,  under  the  patronage  and  control  of  the  state. 

Section  45.  No  special  law  shall  be  enacted  if  a  general  law  can 

be  made  applicable. 

Section  46.  Lotteries  and  gift  enterprises  are  forbidden. 

Section  47.  No  liability  due  the  state  or  any  subdivision  thereof 
or  any  municipal  corporation  shall  ever  be  released  or  extinguished 

by  law. 

Section  48.  No  officer  shall  be  elected  or  appointed  by  the  general 
assembly  or  by  either  house  except  their  respective  officers. 

Section  49.  No  law  shall  be  passed  authorizing  an}^  bank  of  issue 
or  authorizing  the  state  to  conduct,  own  any  interest  in  or  incur  any 
liability  for  any  banking  business. 

Section  50.  No  law  shall  be  passed  authorizing  the  labor  of  any 
convict  confined  within  any  penitentiary  or  other  reformatory  institu¬ 
tion  to  be  let  to  any  corporation,  association  or  person. 


884 


JOURNAL  OF  THE 


[Oct.  10, 


IMPEACHMENTS. 

Section  51.  The  governor  and  all  civil  officers  of  the  state  shall 
be  liable  to  impeachment  for  misdemeanor  in  office.  The  house  of  rep¬ 
resentatives  shall  have  the  sole  power  of  impeachment.  A  majority  of 
the  members  elected  must  concur  therein.  Impeachments  shall  be  tried 
by  the  senate,  each  senator  being  upon  oath  or  affirmation  to  do  justice 
according  to  the  law  and  the  evidence.  When  the  governor  is  tried  the 
chief  justice  shall  preside.  Xo  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  senators  elected.  Judgment  in  case  of 
impeachment  shall  not  extend  beyond  removal  from  office  and  disquali¬ 
fication  for  any  office  under  the  state ;  but  the  person  impeached  whether 
convicted  or  acquitted  shall  be  liable  to  prosecution  according  to  law. 

PROVISIONS  CONCERNING  MEMBERS. 

Section  52.  The  pay  and  mileage  allowed  each  senator  and  rep¬ 
resentative  shall -he  certified  by  the  presiding  officers  of  their  respective 
houses  and  entered  upon  the  journals.  Xo  senator  or  representative 
shall  receive  any  other  compensation  or  allowance.  Xo  law  increasing 
the  pay  or  other  allowance  of  members  of  the  general  assembly  shall 
take  effect  until  the  second  regular  session  next  following  its  enactment. 

Section  53.  Except  for  treason,  felony  or  breach  of  the  peace 
senators  and  representatives  shall  be  privileged  from  arrest  while  going 
to,  attending  or  returning  from  sessions  of  the  general  assembly.  They 
shall  not  be  questioned  elsewhere  for  any  speech  in  either  house. 

Section  54.  Xo  person  elected  to  the  general  assembly  shall 
receive  or  hold  any  lucrative  civil  appointment  in  this  state  during  the 
term  for  which  he  is  elected. 

Section  55.  Xo  member  of  the  general  assembly  during  his  term 
or  within  one  year  thereafter  shall  be  beneficially  interested  directly 
or  indirectly  in  any  contract,  authorized  by  a  law  enacted  during  his 
term,,  with  the  state  or  any  subdivision  thereof  or  any  municipal  cor¬ 
poration. 

MISCELLANEOUS  PROVISIONS. 

Section  56.  The  general  assembly  shall  pass  liberal  homestead 
and  exemption  laws. 

Section  57.  The  general  assembly  shall  pass  laws  to  encourage 
forestry. 

Section  58.  The  general  assembly  shall  pass  laws  for  the  pro¬ 
tection  of  operative  miners,  providing  for  ventilation  and  the  construc¬ 
tion  of  escapement  shafts  or  other  appliances  securing  safety  in  mines 
and  shall  prescribe  such  penalties  and  punishments  for  the  enforcement 
thereof  as  it  deems  proper. 

Section  59.  The  general  assembly  may  provide  (a)  for  opening 
private  roads  to  communicate  with  public  roads,  (b)  for  permitting 
owners  and  lessees  of  lands  and  minerals  to  construct  drains,  ditches 
and  levees  on,  across  or  under  the  lands  of  others  for  agricultural, 
sanitary  or  mining  purposes,  (c)  for  organizing  drainage  districts  for 
flood  control  or  for  sanitary  or  agricultural  purposes  with  powers  of 
eminent  domain  and  special  assessment  and  (d)  for  making  surveys 
and  straightening  and  improving  water  courses  at  the  expense  in  part 


CONSTITUTIONAL  CONVENTION. 


885 


1922.] 


of  drainage  districts  and  in  part  of  the  state  or  any  subdivision  thereof. 
This  section  and  the  three  preceding  sections  shall  not  be  construed  as 
limitations  of  the  powers  of  the  general  assembly. 

Section  60.  The  general  assembly  may  authorize  the  state  or 
any  subdivision  thereof  or  any  municipal  corporation  to  take  in  fee 
simple  and  to  hold,  lease  or  sell  more  land  than  is  needed  for  a  public 
improvement  whenever  the  court  finds  the  excess  is  required  to  protect, 
preserve  or  aid  the  improvement  and  is  reasonable  in  quantity  therefor. 

Section  61.  The  general  assembly  shall  not  grant  the  right  to 
occupy  the  streets  or  public  grounds  of  any  municipal  corporation  with¬ 
out  its  consent. 

Section  62.  The  general  assembly  in  order  to  promote  the  general 
welfare  may  authorize  cities,  villages  and  incorporated  towns  to  adopt 
reasonable  regulations  governing  the  use  and  appearance  of  land  and 
the  location,  appearance,  size  and  use  of  structures  and  to  divide  their 
territory  into  zones  to  each  of  which  special  regulations  may  be  applied. 
Distinctions  may  be  made  between  conditions  existing  at  the  time  of 
adoption  of  any  such  regulations  and  future  conditions.  Such  regula¬ 
tions  shall  not  be  enforced  as  to  conditions  existing  at  the  time  of  their 
adoption  without  payment  of  just  compensation  unless  such  regulations 
might  lawfully  be  so  enforced  irrespective  of  the  provisions  of  this 
section.  Any  statute  in  force  at  the  time  of  the  adoption  of  this  con¬ 
stitution  (or  any  ordinance  passed  in  conformity  with  such  statute) 
which  comes  within  the  provisions  of  this  section  shall  he  valid. 

Section  63.  The  general  assembly  may  provide  for  lending  money 
on  farm  lands  in  the  state;  hut  no  act  providing  therefor  (or  any 
amendment  thereto)  shall  take  effect  until  it  is  approved  by  a  majority 
of  those  voting  on  the  question  at  a  general  election.  Such  loans  shall 
be  amortized  in  not  to  exceed  thirty-three  years  and  shall  be  secured  by 
first  mortgages  or  deeds  of  trust  made  by  those  owning,  occupying  and 
cultivating  the  lands  pledged.  Reasonable  preferences  concerning  loans 
may  be  given  to  persons  honorably  discharged  from  the  armed  forces 
of  the  United  States. 

Section  64.  Every  stockholder  of  a  bank  shall  be  liable  (in  addi¬ 
tion  to  any  liability  for  his  stock)  to  the  amount  of  the  par  value  of  the 
stock  held  by  him  for  liabilities  of  the  bank  accruing  while  he  held  such 
stock.  The  general  assembly  shall  provide  the  manner  in  which  that 
obligation  may  be  enforced.  In  every  election  for  directors  of  a  bank 
each  stockholder  may  cast,  in  person  or  by  proxy,  as  many  votes  as  shall 
equal  the  number  of  directors  to  be  elected  multiplied  by  the  number  of 
shares  owned  by  him  and  may  cumulate  his  votes  for  one  candidate  or 
distribute  them  among  several. 


ARTICLE  IV. 

Executive  Department. 

Section  65.  The  executive  department  shall  consist  of  a  governor, 
lieutenant  governor,  secretary  of  state,  attorney  general,  treasurer,  audi¬ 
tor  of  public  accounts,  superintendent  of  public  instruction  and  such 


JOURNAL  OF  THE 


886 


[Oct.  10, 


other  officers  as  provided  by  law.  Except  the  lieutenant  governor  they 
shall  reside  at  the  seat  of  government  during  their  terms. 

Section  66.  The  governor  and  lieutenant  governor  each  shall  be 
at  least  thirty-five  years  of  age  and  a  citizen  of  the  state  for  ten  years 
next  before  his  election.  Xo  elective  officer  of  the  executive  department 
shall  hold  another  office  during  the  term  for  which  he  is  elected. 

Section  67.  Xo  state  treasurer  shall  again  hold  that  office  within 
four  years  after  his  term  expires.  The  treasurer  may  be  required  by  the 
governor  to  give  reasonable  additional  security  and  in  default  of  so  doing 
his  office  shall  be  deemed  vacant. 

Section  68.  The  officers  specifically  named  in  section  sixty-five 
of  this  constitution  except  the  superintendent  of  public  instruction  shall 
be  elected  in  nineteen  hundred  twenty-four  and  every  four  years  there¬ 
after.  The  superintendent  of  public  instruction  shall  be  elected  in  nine¬ 
teen  hundred  twenty-six  and  every  four  years  thereafter.  The  term  of 
office  of  every  such  officer  shall  be  four  years  from  the  second  Monday 
of  January  next  after  his  election. 

Section  61).  The  election  returns  for  officers  of  the  executive  de¬ 
partment  shall  be  sealed  and  transmitted  by  the  returning  officers  to  the 
secretary  of  state  directed  to  the  speaker  of  the  house  of  representatives. 
Before  that  house  proceeds  to  other  business  and  immediately  after  its 
organization,  the  speaker  shall  open  and  publish  such  returns  in  the 
presence  of  a  majority  of  each  house  assembled  in  the  hall  of  the  house 
of  representatives  and  then  declare  elected  to  each  office  the  person  so 
shown  to  have  the  highest  number  votes  therefor.  The  general  assembly 
by  ballot  in  joint  session  shall  determine  contested  elections  for  such 
offices  and  in  case  of  tie  shall  choose  in  like  manner  one  of  the  persons 
tied. 

Section  70.  The  public  records  and  papers  of  the  executive  de¬ 
partment  shall  be  kept  at  the  seat  of  government. 

Section  71.  The  officers  of  the  executive  department  shall  be  paid 
salaries  and  shall  not  receive  to  their  own  use  any  other  compensation. 

Section  72.  Each  officer  of  the  executive  department  shall  per¬ 
form  such  duties  as  are  prescribed  by  law. 

Section  73.  The  supreme  executive  power  shall  be  vested  in  the 
governor  who  shall  take  care  that  the  laws  are  faithfully  executed. 

Section  74.  At  the  commencement  of  each  regular  session  and  at 
the  close  of  his  term  the  governor  shall  inform  the  general  assembly 
of  the  condition  of  the  state  and  recommend  such  measures  as  he  deems 
expedient.  At  the  same  times  he  shall  account  to  the  general  assembly 
for  all  funds  subject  to  his  order. 

Section  75.  The  governor  shall  nominate  and  with  the  consent 
bv  yea  and  nay  vote  of  a  majority  of  those  elected  to  the  senate  shall 
appoint  all  officers  whose  appointment  or  election  is  not  otherwise  pre¬ 
scribed  by  law.  If  a  vacancy  exists  during  the  recess  of  the  senate  in 
any  office  where  the  appointing  power  is  vested  in  the  governor  subject 
to  the  consent  of  the  senate,  the  governor  shall  make  a  temporary  ap¬ 
pointment  until  the  next  meeting  of  the  senate  when  he  shall  nominate 
some  person  for  the  office.  Xo  person  rejected  by  the  senate  shall  be 


1922.] 


CONSTITUTIONAL  CONVENTION. 


887 


nominated  again  for  the  office  at  the  same  session  save  on  request  of  the 
senate  or  he  appointed  to  the  office  during  the  recess  of  the  senate. 

Section  76.  For  incompetency,  neglect  of  duty  or  malfeasance  in 
office  the  governor  may  remove  any  officer  whom  he  may  appoint. 

Section  77.  The  governor  may  grant  reprieves,  commutations 
and  pardons  for  all  offenses  after  conviction  on  such  terms  as  he  thinks 
proper;  but  the  manner  of  applying  therefor  may  be  regulated  by  law. 

Section  78.  The  governor  shall  be  commander-in-chief  ot  the 
armed  forces  of  the  state  except  when  they  are  in  the  sei\ ice  ol  the 
United  States  and  may  call  them  out  to  execute  the  law,  protect  life  or 
property,  suppress  insurrection  or  repel  invasion. 

Section  79.  If  the  office  of  governor  becomes  vacant  the  lieutenant 
governor  shall  become  governor  for  the  residue  of  the  term.  If  the 
governor  fails  to  qualify,  is  absent  from  the  state  or  is  under  disability, 
the  powers,  duties  and  emoluments  of  the  office  shall  devolve  upon  the 
lieutenant  governor  for  the  residue  of  the  term  or  until  the  cause  which 
renders  the  governor  incapable  of  performing  his  duties  is  removed.  If 
there  is  no  lieutenant  governor  or  if  for  any  of  the  abo\e  causes  he  n> 
incapable  of  performing  the  duties  of  the  office,  its  powers,  duties  and 
emoluments  shall  devolve,  first  upon  the  president  of  the  senate  and 
after  him,  for  like  causes,  upon  the  speaker  of  the  house  of  representa¬ 
tives  ;  but  each  of  them  shall  act  only  until  the  cause  which  renders  the 
officer  having  the  prior  right  incapable  of  performing  the  duties  of  the 
office  is  removed  or  until  the  vacancy  is  filled  by  election. 

Section  80.  If  the  office  of  secretary  of  state,  attorney  general, 
treasurer,  auditor  of  public  accounts  or  superintendent  of  public  insti ac¬ 
tion  becomes  vacant,  the  governor  shall  fill  the  vacancy  by  appointment 
until  a  successor  is  elected  and  qualified. 

Section  81.  Each  officer  of  the  executive  department  and  the 
chief  officer  of  each  public  institution  of  the  state  shall  render  under 
oath  to  the  governor  a  semiannual  account  of  all  moneys  received  or 
disbursed.  At  least  ten  days  before  the  regular  session  of  the  general 
assembly  each  of  these  officers  shall  report  the  condition  of  his  office  to 
the  governor  who  shall  transmit  the  reports  to  the  general  assembly. 
Additional  reports  may  be  required  of  these  officers  by  the  governor. 

Section  82.  The  state  treasurer  as  a  part  of  each  semi-annual 
report  shall  show  the  daily  balances  of  state  funds  in  his  custody  and 
in  every  bank,  safe  or  other  place  of  deposit  or  safe  keeping  where  such 
funds  were  during  the  period  covered  by  the  report.  Fie  shall  accompany 
his  report  with  a  sworn  statement  of  an  executive  officer  in  charge  of 
every  such  bank,  safe  or  other  place  of  deposit.  Such  statement  shall 
show  each  payment  of  interest  or  other  compensation  made  or  to  be 
made  by  reason  of  the  deposit  or  use  or  keeping  of  any  part  of  such 
funds. 

Section  83.  There  shall  be  a  great  seal  of  the  State  of  Illinois  to 
be  kept  and  used  by  the  secretary  of  state  as  directed  by  law. 

Section  84.  The  auditor  of  public  accounts  shall  publish  within 
sixty  days  after  the  adjournment  of  each  session  of  the  general  assembly 
a  statement  of  the  expenses  of  such  session,  specifying  the  amount  of 
each  item  and  to  whom  and  for  what  paid. 


888 


JOURNAL  OR  THE 


[Oct.  10, 


Section  85.  A  uniform  system  of  accounts  for  all  county  officers 
shall  be  prescribed  and  supervised  by  the  auditor  of  public  accounts  and 
their  accounts  shall  be  audited  by  him. 

ARTICLE  V. 

Judicial  Department. 

Section  86.  The  judicial  power  shall  be  vested  in  a  supreme  court, 
in  appellate,  circuit  and  county  courts  and  in  justices  of  the  peace. 

THE  SUPREME  COURT. 

Section  87.  The  supreme  court  shall  consist  of  nine  justices  one 
of  whom  to  be  chosen  by  themselves  shall  be  chief  justice. 

Section  88.  The  state  shall  be  divided  into  seven  districts  for  the 
election  of  justices.  The  districts  including  the  county  of  Cook  shall 
elect  three  justices,  not  more  than  two  of  whom  shall  at  the  time  of  their 
respective  elections  reside  in  the  same  county.  Each  of  the  other  six 
districts  shall  elect  one  justice.  LTntil  otherwise  provided  by  law,  the 
seven  districts  shall  remain  as  at  the  time  of  the  adoption  of  this  consti¬ 
tution. 

Section  89.  One  justice  shall  be  elected  in  the  first  district  in 
nineteen  hundred  thirty-three;  one  justice  shall  be  elected  in. the  second 
district  in  nineteen  hundred  thirty-five ;  one  justice  shall  be  elected  in 
the  third  district  in  nineteen  hundred  thirty-three;  one  justice  shall  be 
elected  in  the  fourth  district  in  nineteen  hundred  thirty-nine;  one 
justice  shall  be  elected  in  the  fifth  district  in  nineteen  hundred  thirty- 
seven;  one  justice  shall  be  elected  in  the  sixth  district  in  nineteen  hun¬ 
dred  thirty-seven;  one  justice  shall  be  elected  in  the  seventh  district  in 
nineteen  hundred  thirty-one;  one  justice  shall  be  elected  in  the  seventh 
district  in  nineteen  hundred  thirty-three;  one  justice  shall  be  elected 
in  the  seventh  district  in  nineteen  hundred  thirty-five.  The  justices 
from  the  seventh  district  shall  be  elected  on  the  first  Monday  of  June 
in  the  years  in  which  their  terms  expire  and  the  justices  from  the  first, 
second,  third,  fourth,  fifth  and  sixth  districts  shall  be  elected  on  the 
first  Tuesday  after  the  first  Monday  of  November  in  the  years  in  which 
their  terms  expire.  The  term  of  office  of  each  justice  shall  be  ten  years 
froip  the  date  of  his  election. 

Section  90.  Whenever  a  quorum  of  the  supreme  court  certifies  to 
the  governor  that  it  is  unable  to  dispose  of  pending  cases  with  reasonable 
dispatch  because  of  the  death,  disability  or  resignation  of  airy  justice, 
the  governor  shall  designate  a  judge  of  one  of  the  appellate  courts  to  act 
as  a  justice  of  the  supreme  court  and  receive  the  salary  paid  a  justice 
of  that  court  until  the  vacancy  is  filled  or  the  supreme  court  certifies 
to  the  governor  that  the  disability  is  removed.  Such  designation  shall 
not  affect  the  term  of  such  judge. 

Section  91.  The  supreme  court  shall  sit  at  the  seat  of  govern¬ 
ment.  A  majority  of  the  justices  shall  constitute  a  quorum  and  the 
concurrence  of  five  shall  be  necessary  for  every  decision. 

Section  92.  The  supreme  court  shall  have  original  jurisdiction  in 
cases  relating  to  the  revenue,  in  quo  warranto,  mandamus,  habeas  corpus* 


1922.]  CONSTITUTIONAL  CONVENTION. 

prohibition  and  other  cases  involving  questions  of  great  public  import¬ 
ance  and  appellate  jurisdiction  in  all  cases. 

Section  93.  The  supreme  court  shall  have  exclusive  power  to  pre¬ 
scribe  rules  of  pleading,  practice  and  procedure  in  all  courts;  but  rules 
not  inconsistent  therewith  may  be  prescribed  respectively  by  other  coin ts 
of  record.  Any  rule  of  pleading,  practice  or  procedure  may  be  set  aside 
by  the  general  assembly  by  a  special  law  limited  to  that  purpose. 

Section  94.  The  supreme  court  shall  appoint  its  clerk  and  a  re¬ 
porter  of  its  decisions  for  terms  of  six  years  each  subject  to  removal  by 

the  court. 

APPELLATE  COURTS. 

Section  95.  There  shall  be  an  appellate  court  of  the  first  district, 
an  appellate  court  of  the  second  district,  an  appellate  court  of  the  third 
district  and  an  appellate  court  of  the  fourth  district.  They  shall  be  of 
uniform  jurisdiction  and  have  such  districts  and  sit  at  such  places  as 

provided  by  law. 

Section  96.  Each  appellate  court  shall  consist  of  three  judges  or 
such  multiple  of  three  as  the  supreme  court  may  from  time  to  time, 
determine.  In  appellate  courts  of  more  than  three  judges  the  supieme 
court  may  assign  the  judges  thereof  to  divisions  of  three  judges  each. 
Each  division  shall  select  a  presiding  judge  and  the  presiding  judges 
shall  apportion  the  work  of  the  court  among  the  several  divisions  and 
perform  such  other  administrative  acts  as  may  be  necessary. 

Section  97.  Judges  of  appellate  courts  shall  be  appointed  by  the 
supreme  court.  The  terms  of  judges  of  appellate  courts  shall  be  six 
years  and  shall  expire  in  the  first  district  on  December  thirty-first,  nine¬ 
teen  hundred  twenty-eight,  and  in  the  other  districts  on  December  thirty- 
first,  nineteen  hundred  twenty-seven,  and  every  six  years  thereafter  re¬ 
spectively,  except  that  judges  appointed  to  newly  created  divisions  shall 
hold  office  only  until  the  last  day  of  the  pending  term  for  appellate 
judges.  On  or  before  January  first,  nineteen  hundred  twenty-nine,  in 
the  first  district  and  January  first,  nineteen  hundred  twenty-eight,  in  the 
other  districts  and  every  six  years  thereafter  judges  of  all  the  appellate 
courts  shall  be  appointed.  The  supreme  court  for  cause  shown  of  record 
may  remove  any  judge  of  an  appellate  court. 

Section  98.  The  appellate  courts  shall  hold  such  sessions  as  the 

supreme  court  may  direct. 

Section  99.  Each  appellate  court  shall  appoint  its  clerk  for  a 
term  of  six  years  subject  to  removal  by  the  court. 

APPEALS  AND  WRITS  OF  ERROR. 

Section  100.  Appeals  from  and  writs  of  error  to  circuit  and 
county  courts  may  be  prosecuted  in  all  cases  as  follows:  (a)  to  or  from 
the  supreme  court  in  all  criminal  cases  where  the  punishment  allowed 
by  law  may  be  death  or  imprisonment  in  the  penitentiary  and  in  cases 
where  a  franchise  or  a  freehold  or  the  validity  of  a  statute  is  involved, 
(b)  to  or  from  the  appellate  courts  in  such  other  cases  as  may  be  pre¬ 
scribed  by  general  rule  of  the  supreme  court  and  (c)  to  or  from  the 
supreme  court  in  all  other  cases.  Except  as  above  limited  the  supreme 


890 


JOURNAL  OF  THE 


[Oct.  10, 


court  by  general  rule  may  prescribe  the  final  jurisdiction  of  appellate 
courts  unless  otherwise  provided  by  law. 

CIRCUIT  COURTS  OUTSIDE  THE  COUNTY  OF  COOK. 

Section  101.  The  state  outside  of  the  county  of  Cook  shall  be 
divided  into  judicial  circuits  formed  of  contiguous  counties  as  compact 
in  form  and  as  nearly  equal  as  circumstances  permit  having  regard  to 
business,  territory  and  population.  The  number  of  such  circuits  shall 
not  exceed  one  for  every  one  hundred  fifty  thousand  population  except 
that  a  circuit  may  be  formed  of  a  county  or  contiguous  counties  having 
a  population  exceeding  one  hundred  thousand  if  the  business  of  the 
circuit  court  or  courts  therein  occupies  nine  months  of  the  year. 
Circuits  may  be  changed  by  law  but  only  at  the  first  session  of  the 
general  assembly  after  the  adoption  of  this  constitution  and  at  any 
session  next  preceding  an  election  for  circuit  judges.  Xo  such  change 
shall  affect  the  term  of  any  judge. 

Section  102.  In  every  circuit  there  shall  be  elected  in  nineteen 
hundred  twenty-seven  and  every  six  years  thereafter  three  judges  of  the 
circuit  court  whose  terms  shall  be  six  years  from  the  date  of  their 
election. 

Section  103.  In  every  such  county  there  shall  be  a  circuit  court 
with  original  jurisdiction  of  all  cases  at  law  and  in  equity  and  such 
other  jurisdiction  as  provided  by  law. 

Section  104.  The  circuit  courts  shall  always  be  open  for  the 
transaction  of  business.  The  circuit  court  shall  sit  at  the  countv  seat 
of  each  county.  If  a  city  of  more  than  fifty  thousand  population  in  any 
county  provides  and  maintains  suitable  facilities  for  holding  court,  the 
circuit  court  shall  also  sit  in  such  city.  In  any  city  wholly  or  partly 
in  the  county,  whenever  such  city  or  part  thereof  has  not  less  than  five 
thousand  population,  a  majority  of  the  judges  of  the  circuit  may  provide 
for  holding  sessions  of  court  therein,  if  such  city  provides  and  maintains 
suitable  facilities  for  holding  court. 

CIRCUIT  COURT  OF  COOK  COUNTY. 

Section  105.  The  territory  now  comprising  the  county  of  Cook 
shall  constitute  one  circuit  and  have  a  circuit  court  with  original  juris¬ 
diction  of  all  cases,  matters  and  proceedings  requiring  judicial  action 
and  jurisdiction  of  appeals  from  justices  of  the  peace. 

Section  106.  There  shall  be  elected  to  the  office  of  judge  of  the 
circuit  court  of  Cook  countv  on  the  first  Monday  of  June,  nineteen 

t  kJ  s 

hundred  thirty-one,  nineteen  judges  as  successors  to  the  judges  whose 
terms  expire  in  that  }Aear ;  on  the  first  Monday  of  June,  nineteen  hundred 
thirty-three,  nineteen  judges  as  successors  to  the  judges  whose  terms 
expire  in  that  year;  and  on  the  first  Monday  of  June,  nineteen  hundred 
thirty-five,  twenty  judges  as  successors  to  the  judges  whose  terms  expire 
in  that  year.  Thereafter  on  the  first  Monday  of.  June  of  the  year  in 
which  the  terms  of  any  judges  of  that  court  expire  and  ever}7  six  years 
thereafter,  successors  to  such  judges  shall  be  elected.  Provision  may 
be  made  b}^  law  for  the  election  of  an  additional  judge  for  every  fifty 


CONSTITUTIONAL  CONVENTION. 


891 


1922,] 


thousand  population  in  the  county  above  three  million  four  hundred 
thousand.  The  number  of  judges  may  also  be  reduced  by  law. 

Section  107.  Judges  of  the  circuit  court  of  Cook  county  shall  be 
elected  for  terms  of  six  years  from  the  date  of  their  election.  At  all 
elections  for  judges  the  ballots  therefor  shall  be  separate  and  distinct 

from  the  ballots  for  non-judicial  officers. 

Section  108.  The  circuit  court  of  Cook  county  shall  sit  in  die 
city  of  Chicago  but  provision  may  be  made  by  law  for  holding  sessions 
in  other  cities,  villages  or  incorporated  towns  in  the  count}  ha\  ing  a 
population  of  at  least  five  thousand  whenever  suitable  facilities  for  hold¬ 
ing  court  are  provided  and  maintained  without  expense  to  the  county 

or  state.  .  .  . 

Section  109.  The  supreme  court  shall  establish  a  civil  division 

and  a  criminal  division  of  the  circuit  court  of  Cook  county.  Ihe 
supreme  court  from  time  to  time  shall  assign  judges  to  service  in  the 
two  divisions  and  shall  designate  a  judge  to  act  as  chief  justice  of  each 
division  who  shall  have  such  administrative  power  and  authority  as 

may  be  provided  by  the  supreme  court.  .... 

Section  110.  The  supreme  court  may  authorize  the  chief  justices 
of  the  civil  and  criminal  divisions  jointly,  by  and  with  the  advice  and 
consent  of  a  majority  of  the  judges  of  the  court,  to  appoint  assistants 
who  shall  have  such  judicial  or  other  powers  and  duties  in  respect  to  the 
business  before  the  court  as  the  supreme  court  may  prescribe.  The 
salaries  of  such  assistants  shall  be  fixed  by  the  county  board  and  paid 
out  of  the  county  treasury. 

Section  111.  Electors  of  the  county  of  Cook  equal  in  number  to 
one-tenth  of  the  total  vote  cast  for  president  of  the  county  board  at  the 
last  preceding  election  may  file  in  the  circuit  court  a  petition  to  submit 
to  a  vote  the  proposition  whether  the  county  shall  adopt^  the  system 
hereinafter  provided  for  the  appointment  of  the  judges  of  the  circuit 
court.  Thereupon  the  chief  justice  of  the  civil  division  of  that  court  by 
an  order  entered  of  record  shall  call  a  special  election  for  submitting 
such  proposition  within  three  months  after  such  order  is  entered.  It 
the  proposition  is  approved  by  a  majority  of  those  voting  thereon  such 
chief  justice  shall  declare  it  adopted.  If  it  is  disapproved  it  shall  not 
again  be  submitted  for  six  years.  Upon  the  adoption  of  the  proposition 
the  judges  in  office  shall  continue  in  office  until  removed  as  herein  pro¬ 
vided.  After  the  adoption  of  the  proposition  the  manner  of  choosing 
judges  of  that  court  shall  be  as  follows:  The  governor  shall  fill  any 
vacancy  in  that  court  by  appointment  from  a  list  containing  the  names 
of  not  less  than  four  eligible  persons  for  each  vacancy,  nominated  bv  a 
majority  of  the  supreme  court,  not  more  than  one-half  of  such  persons 
-to  be  affiliated  with  the  same  political  party.  Thereafter  each  judge 
shall  hold  his  office  during  good  behavior  subject  to  removal  as  herein 
provided.  On  the  first  Monday  in  June  in  the  sixth  year  after  the 
election  or  appointment  of  every  judge,  or  in  the  seventh  year  if  the 
sixth  is  an  even  numbered  year,  and  on  the  same  date  in  every  sixth  year 
thereafter  the  electors  of  the  county  shall  be  given  an  opportunity  at  an 
election  to  express  their  disapproval  of  such  judge.  If  a  majority  of 
those  voting  at  any  such  election  disapproves  of  any  judge  his  office 


892 


JOURNAL  OF  THE 


[Oct.  10, 


shall  become  vacant  at  the  end  of  three  months  after  the  election  and 
for  a  period  of  six  years  thereafter  he  shall  be  ineligible  to  appointment 
as  a  judge  of  such  court;  if  such  judge  is  not  disapproved,  he  shall  con¬ 
tinue  in  office  and  begin  a  new  term  on  the  day  of  such  election.  All 
elections  under  this  section  shall  be  conducted  in  the  manner  prescribed 
by  law. 

Section  112.  After  five  years  from  the  adoption  of  this  constitu¬ 
tion  the  general  assembly  may  divide  the  circuit  court  into,  and  the 
jurisdiction  thereof  between,  two  courts  both  of  which  shall  be  governed 
by  the  provisions  of  this  article  so  far  as  applicable.  Xo  act  providing 
therefor  shall  become  effective  until  approved  by  a  majority  of  those 
voting  on  the  question  at  a  general  election  in  the  county  of  Cook. 

COUNTY  COURTS. 

Section  113.  In  each  county  except  the  county  of  Cook  there 
shall  be  elected  in  nineteen  hundred  twenty-seven  and  every  six  years 
thereafter  a  judge  of  the  county  court  except  that  contiguous  counties 
may  by  law  be  made  a  district  in  which  one  judge  shall  be  elected  for  all 
county  courts  in  the  district.  An  additional  judge  shall  be  elected  for 
every  fifty  thousand  population  or  major  portion  thereof  in  a  county 
or  district  above  a  population  of  fifty  thousand.  The  term  of  every 
county  judge  shall  be  six  years  from  the  date  of  his  election. 

Section  114.  In  every  such  county  there  shall  be  a  county  court 
which  shall  have  (a)  original  jurisdiction  of  all  matters  of  probate, 
guardianship,  conservatorship  and  apprenticeship,  the  administration 
and  settlement  of  estates  of  deceased  persons  and  proceedings  for  the 
sale  of  real  estate  where  required  for  the  administration  and  settlement 
of  such  matters  or  estates,  proceedings  relating  to  taxes  and  assessments 
and  their  collection,  and  criminal  cases  below  the  grade  of  felony,  (b) 
concurrent  jurisdiction  with  the  circuit  courts  in  testamentary  trusts, 
construction  of  wills  and  partition  of  real  estate  where  any  such  pro¬ 
ceeding  is  incidental  to  its  original  jurisdiction,  (c)  exclusive  juris¬ 
diction  of  appeals  from  justices  of  the  peace  and  (d)  such  other 
jurisdiction  as  provided  by  law. 

Section  115.  County  courts  shall  always  be  open  for  the  transac¬ 
tion  of  business.  The  court  shall  sit  at  the  county  seat  and  shall  also 
sit  in  cities  in  the  county  of  twenty  thousand  population  or  more  when¬ 
ever  suitable  facilities  for  holding  court  are  provided  and  maintained 
without  expense  to  the  county  or  state. 

JUSTICES  OF  THE  PEACE. 

Section  116.  Justices  of  the  peace  and  constables  outside  the 
county  of  Cook  shall  be  elected  or  appointed  in  such  towns  or  districts 
and  such  justices  of  the  peace  shall  have  such  uniform  jurisdiction  a's 
provided  by  law.  They  shall  receive  salaries  from  their  respective  towns 
or  districts  to  be  fixed  by  the  county  board. 

Section  117.  The  chief  justice  of  the  civil  division  of  the  circuit 
court  of  Cook  county  shall  appoint  a  justice  of  the  peace  and  a  constable 
in  each  town  or  portion  of  town  in  the  county  outside  the  city  of 
Chicago,  each  of  whom  shall  hold  office  for  two  years  unless  sooner  re- 


1922.] 


CONSTITUTIONAL  CONVENTION . 


893 


moved  by  such  chief  justice  for  cause  shown  of  record.  An  additional 
justice  of  the  peace  and  constable  may  be  appointed  m  every  such  town 
or  portion  of  town  for  every  additional  ten  thousand  population  therein 
or  major  portion  thereof  above  a  population  of  ten  thousand.  bi\c\\ 
justices  of  the  peace  shall  have  the  same  jurisdiction  and  such  constables 
shall  perform  the  same  duties  in  the  part  of  the  county  of  Cook  out  sine 
the  city  of  Chicago  as  like  officials  in  the  rest  of  the  state.  The  sa  aries 
of  such  justices  of  the  peace  and  constables  shall  be  fixed  by  the  count} 

board  and  paid  by  the  county. 

Section  118.  The  offices  of  justice  of  the  peace  and  constable  or 
either  of  them  may  be  abolished  or  restored  in  any  town  or  district  (or 
in  any  town  or  portion  of  a  town  in  the  county  of  Cook  or  in  that  part 
of  the  county  of  Cook  outside  the  city  of  Chicago  as  a  whole)  by  a 
majority  vote  of  the  electors  thereof  voting  on  the  question  as  provided 

by  law. 

state's  attorneys. 

Section  119.  There  shall  be  a  state’s  attorne)  elected  in  ^acli 
county  in  nineteen  hundred  twenty-four  and  every  four  years  thereafter 
for  a  term  of  four  years  from  the  first  Monday  of  December  next  after 
his  election.  At  the  time  of  his  election  or  appointment  he  must  be 
licensed  to  practice  law  in  this  state. 

GENERAL  PROVISIONS. 

Section  120.  Laws  relating  to  courts  having  the  same  jurisdic¬ 
tion  and  to  the  force  and  effect  of  the  process,  judgments  and  decrees 

of  such  courts  severally  shall  be  uniform. 

Section  121.  The  general  assembly,  upon  due  notice  and  oppor¬ 
tunity  for  defense  and  for  cause  entered  upon  the  journal  of  each  house, 
may  remove  any  justice  or  judge  upon  concurrence  m  each  house  oi 
three-fourths  of  its  members  elected.  All  other  officers  mentioned  m 
this  article  shall  be  removed  from  office  on  conviction  for  misdemeanor 
in  office. 

Section  122.  Provision  may  be  made  by  rule  oi  the  supreme  couit 
for  the  bringing  of  actions  or  proceedings  in  which  a  merelv  declara¬ 
tory  judgment  or  decree  or  order  is  sought  and  for  authorizing  the 
court  to  make  a  binding  declaration  of  right  whether  .or  not  any  conse¬ 
quential  relief  may  be  claimed.  „ 

Section  123.  Process  shall  run In  the*  name  of  the  1  eople  oi 
the  State  of  Illinois.  Prosecutions  shall  be  carried  on :  In  the  name  and 
by  the  authority  of  the  People  of  the  State  of  Illinois;  and  shall  con- 
elude:  Against  the  peace  and  dignity  of  the  People  of  the  State  of 

Illinois. 

Section  124.  Justices  of  the  supreme  court  and  judges  ol  the 
appellate  and  circuit  courts  shall  be  at  least  thirty-five  years  of  age  and 
for  at  least  ten  years  shall  have  been  licensed  to  practice  law  in  this 
state  and  for  such  time  in  this  state  shall  have  been  engaged  in  the  prac¬ 
tice  of  law  or  acted  as  judicial  officers  or  both.  Judges  of  the  county 
courts  shall  be  at  least  thirty  years  of  age  and  for  at  least  five  years  shall 
have  been  licensed  and  had  like  experience. 


JOURNAL  OF  ’HI 


[Oct.  10, 


891 


Section  125.  Judicial  officers  shall  be  commissioned  by  the  gov¬ 
ernor  and  the  appointing  power  to  fill  vacancies  in  elective  judicial  offices 
shall  be  vested  in  him  except  as  otherwise  provided  herein. 

Section  126.  The  officers  of  the  judicial  department  shall  reside 
in  the  district,  circuit  or  county  for  which  they  are  respectively  elected 
or  appointed. 

Section  127.  Justices  of  the  supreme  court  and  judges  of  the 
appellate,  circuit  and  county  courts  shall  be  paid  salaries  by  the  state 
which  shall  be  uniform  for  the  several  courts  except  county  courts.  In 
the  county  of  Cook  judges  of  the  appellate  and  circuit  courts  shall  each 
receive  the  salary  paid  such  judges  respectively  in  the  rest  of  the  state 
and  such  further  compensation  from  the  county  of  Cook  as  provided 
by  law. 

Section  128.  Xo  justice  of  the  supreme  court  or  judge  of  any 
court  of  record  so  long  as  he  holds  such  office  shall  receive  any  compensa¬ 
tion,  perquisite  or  benefit  other  than  his  salary  or  engage  in  the  practice 
of  law. 

Section  129.  Whenever  the  supreme  or  appellate  court  districts 
are  changed  they  shall  be  formed  of  contiguous  counties  as  compact  in 
form  and  as  nearly  equal  in  population  as  may  be.  Xo  such  change 
shall  affect  the  term  of  any  justice  or  judge. 

Section  130.  The  supreme  court  may  temporarily  assign  judges 
of  the  appellate  courts  from  one  district  to  another  and  judges  of  the 
circuit  courts  from  one  circuit  to  another. 

Section  131.  If  a  judge  of  any  circuit  or  county  court  is  ap¬ 
pointed  judge  of  an  appellate  court,  the  vacancy  so  caused  in  the  circuit 
or  county  court  shall  be  filled  by  appointment  by  the  supreme  court. 
The  judge  so  appointed  to  the  circuit  or  county  court  shall  serve  until 
his  successor  is  elected  and  qualified. 

ARTICLE  VI. 

Suffrage  and  Elections. 

Section  132.  Excepting  only  idiots  and  persons  adjudged  insane 
or  convicted  of  infamous  crime  and  not  restored  to  civil  rights,  every 
citizen  of  the  United  States  above  the  age  of  twenty-one  years  who  has 
resided  in  the  state  one  year  and  (unless  naturalized  because  of  military 
or  naval  service)  in  the  United  States  five  years  shall  be  a  qualified 
elector.  He  may  vote  only  in  the  election  district  and  county  in  which 
he  has  resided  thirty  and  ninety  days  respectively  next  before  such 
election. 

Section  133.  Xo  person  shall  be  deemed  to  have  lost  his  voting 
residence  because  of  absence  in  the  service  of  the  state  or  the  United 
States  or  to  have  gained  a  voting  residence  because  he  has  been  stationed 
as  a  soldier,  seaman  or  marine  in  this  state. 

Section  134.  Votes  shall  be  by  ballot. 

Section  135.  Except  for  treason,  felony  or  breach  of  the  peace 
electors  shall  be  privileged  from  arrest  during  attendance  at  and  in 


1922.] 


CONSTITUTIONAL  CONVENTION. 


895 


going  to  and  returning  from  elections.  Militia  duty  shall  not  be  required 
of  electors  on  election  days  except  in  time  of  war  or  public  danger. 

Section  136.  In-  that  part  of  the  state  outside  the  county  of 
Cook  no  final  election  of  officers,  except  justices  of  the  supreme  court 
in  the  district  of  which  the  county  of  Cook  is  a  part,  shall  be  held  save 
on  the  first  Tuesday  after  the  first  Monday  of  November  which  shall 
be  a  holiday;  but  after  the  first  day  of  January,  nineteen  hundred 
twenty-seven,  the  general  assembly  by  a  vote  of  two-thirds  of  the  mem¬ 
bers  elected  to  each  house  may  provide  for  the  election  of  officers  at 
other  times. 

Section  137.  Every  vacancy  in  an  elective  office  which  would 
continue  a  year  or  more  beyond  the  first  regular  election  occurring  after 
ninety  days  shall  be  filled  at  such  election;  but  such  vacancy  prior  to 
the  qualification  of  the  person  elected  and  all  other  vacancies  may  be 
filled  by  appointment. 

Section  138.  This  article  shall  apply  to  all  elections  under  this 
constitution  or  other  law. 


ARTICLE  VII, 

Revenue  and  Finance, 
revenue. 

Section  139.  The  power  of  taxation  shall  never  be  surrendered, 
suspended  or  contracted  away.  All  taxes  shall  be  levied  and  collected 
only  under  general  law  and  for  public  purposes.  Taxes  levied  for  state 
purposes  shall  never  be  released,  discharged  or  commuted.  The  specifi¬ 
cation  herein  of  objects  and  subjects  of  taxation  shall  not  deprive  the 
general  assembly  of  the  power  to  require  other  objects  or  subjects  to  be 
taxed  in  such  manner  as  may  be  consistent  with  the  principles  of  tax¬ 
ation  fixed  in  this  constitution. 

Section  140.  Taxes  may  be  imposed  on  privileges,  franchises  and 
occupations,  uniform  as  to  class. 

Section  141.  The  general  assembly  shall  provide  for  the  levying 
of  taxes  upon  property  by  valuation  so  that  every  person  or  corporation 
shall  pay  a  tax  in  proportion  to  the  value  of  his  or  its  property,  such 
value  to  be  ascertained  by  some  person  or  persons  to  be  elected  or  ap¬ 
pointed  in  such  manner  as  the  general  assembly  shall  direct  and  not 
otherwise. 

Section  142.  In  lieu  of  any  tax  on  intangible  propert}^  or  any 
kind  or  class  thereof,  by  valuation,  the  general  assembly  may  provide  a 
uniform  and  substantial  tax  on  the  income  derived  therefrom.  The 
rate  of  such  tax  shall  be  uniform  on  all  incomes  taxed  under  this  section. 

Section  143.  ‘  A  general  income  tax  may  be  imposed  upon  all  net 
incomes.  If  such  income  tax  is  graduated  and  progressive  the  highest 
rate  shall  not  exceed  three  times  the  lowest  rate. 

Section  144.  Taxes  on  incomes  shall  be  levied  and  collected  only 
by  the  state.  The  revenue  raised  under  the  general  income  tax  shall  be 
apportioned  to  the  state  and  to  the  taxing  bodies  as  the  general  assembly 
may  prescribe.  Of  the  revenue  raised  under  any  income,  tax  imposed 


896 


JOURNAL  OF  THE 


[Oct.  10, 


under  section  one  hundred  forty-two  of  this  constitution  there  shall  be 
used  for  state  purposes  the  same  percentage  as  is  used  from  the  total 
revenue  from  taxes  by  valuation  and  the  residue  shall  be  returned  to  the 
respective  counties  from  which  it  was  collected  to  be  distributed  among 
the  taxing  bodies  thereof  as  provided  by  general  law. 

Section  145.  Exemptions  and  deductions  may  be  allowed  as  fol¬ 
lows  and  not  otherwise : 

First,  the  following  classes  of  property  and  the  income  therefrom 
may  be  relieved  by  general  law  from  taxation;  (1)  public  property;  (2) 
household  furniture  used  as  such  up  to  five  hundred  dollars  in  value; 
(3)  parsonages 'owned  and  used  as  such;  (4)  property  used  exclusively 
for  (a)  agricultural  and  horticultural  societies  not  organized  for  pecuni¬ 
ary  profit,  (b)  incorporated  societies  of  war  veterans,  (c)  cemeteries 
not  held  for  private  profit  and  (d)  school,  charitable  or  religious  pur¬ 
poses. 

Second,  if  a  general  income  tax  is  imposed  as  authorized  in  section 
one  hundred  forty-three  of  this  constitution,  the  general  assembly  may 
provide  for;  (1)  an  exemption  of  all  household  furniture  and  imple¬ 
ments  of  agriculture  or  labor  used  as  such  without  limit  as  to  amount; 
(2)  an  exemption  from  income  derived  from  personal  service  of  not  to 
exceed  one  thousand  dollars  to  the  head  of  a  family  plus  two  hundred 
dollars  for  each  dependent  child  under  the  age  of  sixteen  years,  and  not 
to  exceed  five  hundred  dollars  to  any  other  person;  (3)  such  deductions 
as  shall  compensate  for  taxes  paid  on  property  from  which  the  taxed 
income  is  derived  or  for  income  tax  paid  in  lieu  of  a  tax  by  valuation  or 
for  taxes  paid  under  section  one  hundred  forty  of  this  constitution. 

Section  146.  Areas  devoted  to  forests  or  forest  culture  may  be 
classified  for  or  exempted  from  taxation. 

Section  147.  Xo  contract,  obligation  or  liability  whatever  of  the 
Illinois  Central  Railroad  Company  to  pay  any  money  into  the  state 
treasury,  nor  any  lien  of  the  state  upon,  or  right  to  tax  property  of, 
that  company,  in  accordance  with  the  provisions  of  the  charter  of  that 
company,  approved  February  tenth,  in  the  year  one  thousand  eight 
hundred  fifty-one,  shall  ever  be  released,  suspended,  modified,  altered, 
remitted,  or  in  any  manner  diminished  or  impaired  by  legislative  or 
other  authority;  and  all  moneys  derived  from  that  company  after  the 
payment  of  the  state  debt  shall  be  appropriated  and  set  apart  for  the 
payment  of  the  ordinary  expenses  of  the  state  government,  and  for  no 
other  purpose  whatever. 

Section  148.  The  general  assembly  may  vest  the  corporate  au¬ 
thorities  of  cities,  villages,  incorporated  towns  and  park  districts,  jointly 
or  severally,  with  power  to  make  local  improvements  by  special  assess¬ 
ment,  by  special  taxation  of  contiguous  property  or  otherwise. 

Section  149.  Xo  owner  of  real  estate  shall  be  divested  of  title 
default  in  payment  of  general  or  special  taxes  or  assessments  except 
upon  sale  by  the  county  treasurer  or  by  forfeiture  to  the  state  and  in 
either  case  only  after  judgment  of  a  court  of  record  entered  after  notice 
as  provided  by  law.  Xot  less  than  two  j^ears  shall  be  allowed  to  redeem 
from  such  sale  or  forfeiture.  The  general  assembly  may  provide  that  the 
holder  of  a  tax  title  based  on  any  tax  sale  hereafter  made  may  waive 


CONSTITUTIONAL  CONVENTION. 


897 


1922.] 


claim  of  title  to  the  land  sold  and  be  subrogated  to  the  lien  for  the  tax 
or  assessment  for  which  the  sale  was  made  and  proceed  in  equity  to  fore¬ 
close  such  lien  with  additional  penalties  as  provided  by  lav . 

Section  150.  The  general  assembly  shall  not  impose  taxes  (ex¬ 
cept  income  taxes  as  authorized  in  this  article)  in  municipal  corporation,' 
for  corporate  purposes  but  may  vest  the  corporate  authorities  thereol 
with  authority  to  assess  and  collect  taxes  for  all  corporate  purposes  and 
shall  require  that  all  the  taxable  property  within  the  limits  of  municipal 
corporations  shall  be  taxed  for  the  payment  of  debts  contracted  undei 
authority  of  law.  Private  property  shall  not  be  liable  for  such  debts. 
Taxes  imposed  by  municipal  corporations  shall  he  uniform  as  to  persons 
and  property. 

FINANCE. 

Section  151.  All  taxes  levied  for  state  purposes  shall  be  paid  into 
the  state  treasury. 

Section  152.  No  payment  of  money  belonging  to  or  tor  the  use 
of  the  state  shall  be  held  to  be  made  to  any  officer  of  the  executive  de¬ 
partment  until  evidenced  by  the  receipt  of  the  state  treasuiei. 

Section  153.  Each  general  assembly  shall  make  appropriations 
for  the  expenses  of  the  government  for  a  period  of  two  years  from  the 
first  day  of  July  of  the  year  in  which  it  convenes.  After  such  appropria¬ 
tions  have  been  made  the  aggregate  amount  thereof  shall  not  be  increased 
except  by  a  vote  of  two-thirds  of  the  members  elected  to  each  house. 
All  appropriations  for  any  such  two  year  period  shall  end  with  the 
period  except  that  obligations  incurred  during  the  period  may  be  paid 
within  three  months  thereafter. 

Section  154.  No  money  shall  be  drawn  from  the  state  treasury 
except  under  an  appropriation  made  by  law  and  on  presentation  of  a 
warrant  issued  by  the  auditor  of  public  accounts. 

Section  155.  The  state  may  contract  debts  (a)  for  meeting  casual 
deficits  in  revenue  up  to  one  million  dollars,  (b)  for  defense  in  wa,r, 
suppressing  insurrection  or  repelling  invaision  and  (c)  for  the  deep 
waterway  as  provided  in  this  constitution.  Money  so  borrowed,  shall  be 
applied  only  to  the  purpose  for  which  it  is  obtained  or  for  the  payment 
of  the  debts  thus  created.  No  other  debt  shall  be  contracted  by  the 
state  unless  the  law  authorizing  it  is  approved  by  a  majority  of  those 
voting  for  members  of  the  house  of  representatives  at  a  general  election. 
The  general  assembly  shall  provide  for  the  publication  of  any  such  law 
for  at  least  three  months  before  the  election.  Provision  shall  be  made 
when  the  debt  is  contracted  for  the  annual  payment  of  interest  either 
by  a  tax  to  be  levied  for  the  purpose  or  by  setting  aside  other  revenues. 
Any  law  providing  for  such  tax  shall  be  submitted  in  like  manner  with 
the  law  authorizing  the  debt  and  if  approved  shall  be  irrepcalable. 

Section  15G.  No  county,  town  or  school  district  shall  become  in¬ 
debted  in  the  aggregate  including  its  existing  debt  to  an  amount  exceed¬ 
ing  five  per  cent,  and  no  municipal  corporation  to  an  amount  exceeding 
six  per  cent,  of  the  value  of  the  taxable  property  therein  as  ascertained 
by  the  last  assessment  for  state  and  county  taxes  previous  to  incurring 
the  debt.  The  corporate  body  incurring  any  such  debt  before  or  at  the 
time  of  doing  so  shall  provide  for  the  collection  oi  a  direct  annual  tax 
—57  C  J 


898 


JOURNAL  OF  THE 


[Oct.  10, 


sufficient  to  pay  the  interest  on  the  debt  and  to  pay  the  principal  thereof 
in  substantially  equal  annual  installments  within  twenty  years.  But 
provision  may  be  made  before  or  at  the  time  of  incurring  the  debt  for 
the  payment  of  any  part  of  it  before  maturity.  This  section  shall  not 
apply  to  or  within  the  county  of  Cook. 

Section  157.  Except  as  otherwise  provided  in  this  constitution 
the  money  or  credit  of  the  state  shall  never  be  used  in  aid  of  any  public 
or  private  corporation,  association  or  person. 

Section  158.  Claims  against  the  state  under  agreements  made 
without  express  authority  of  law  shall  be  void  except  claims  for  expense 
incurred  for  defense  in  war,  suppressing  insurrection  or  repelling  in¬ 
vasion. 

Section  159.  Except  in  payment  of  temporary  rent,  of  tem¬ 
porary  hospital  service,  of  purchase  price  or  (in  the  event  and  only  in 
the  event  that  public  institutions  or  agencies  are  not  adequate  or  avail¬ 
able)  of  not  to  exceed  the  cost  of  temporarily  maintaining  and  support¬ 
ing  during  their  terms  of  commitment,  neglected,  defective,  dependent 
or  delinquent  persons  committed  by  courts  of  competent  jurisdiction  to 
institutions  or  agencies  under  public  inspection,  no  public  money  shall 
be  paid  or  other  public  property  be  given  or  applied  for  any  sectarian 
purpose  or  to  any  institution  controlled  by  a  church  or  sect. 

ABTICLE  VIII. 

Local  Governments. 


counties. 

Section  160.  In  each  county  the  following  county  officers  shall  be 
elected:  a  sheriff,  a  couffiw  clerk,  a  treasurer  who  shall  be  ex  officio  col¬ 
lector  of  taxes  until  otherwise  provided  by  law,  a  coroner,  a  clerk  of  the 
circuit  court  and,  in  counties  of  sixty  thousand  population  or  more, 
a*  recorder  of  deeds. 

Section  161.  In  each  county  there  may  be  a  county  superintend¬ 
ent  of  schools  whose  qualifications,  time  and  manner  of  election  or  ap¬ 
pointment,  term  of  office,  powers,  duties  and  compensation  shall  be 
prescribed  by  law. 

Section  162.  The  sheriff,  the  countv  clerk  and  the  treasurer  shall 

y  k> 

be  elected  in  nineteen  hundred  twenty-six  and  every  four  years  there¬ 
after  and  the  coroner,  the  clerk  of  the  circuit  court  and  the  recorder  of 
deeds  in  nineteen  hundred  twenty-four  and  every  four  }Tears  thereafter, 
each  for  a  term  of  four  years.  In  counties  not  under  township  organiza¬ 
tion  a  commissioner  shall  be  elected  in  nineteen  hundred  twenty-three 
and  each  year  thereafter  for  a  term  of  three  years.  The  term  of  every 
elective  county  officer  shall  begin  on  the  first  Monday  of  December  next 
after  his  election. 

Section  163.  The  board  of  supervisors  in  counties  under  township 
organization,  the  county  commissioners  of  the  county  of  Cook  and  the 
county  commissioners  in  counties  not  under  township  organization  shall 
constitute  the  county  board  of  their  respective  counties. 

Section  164.  No  elected  county  treasurer  shall  succeed  himself. 


CONSTITUTIONAL  CONVENTION. 


899 


1922.] 


Section  165.  Fees  of  county  and  town  officers,  as  provided  by  law, 
shall  be  uniform  as  to  classes  of  counties  or  towns  and  for  this  purpose 

there  shall  not  be  more  than  three  classes  of  counties.  . 

Section  166.  The  organization  and  government  ot  and  omces  m 
counties  as  provided  in  this  constitution  may  be  changed  by  law  uniform 
as  to  classes  of  counties;  but  any  such  law  shall  become  effective  m  a 
countv  only  after  approval  by  a  majority  of  those  voting  on  the  question. 

Section  167.  No  county  may  abandon  or  adopt  any  form  of  or¬ 
ganization  unless  a  majority  of  those  voting  on  the  question  shall  ap¬ 
prove  the  change. 

Section  168.  No  county  shall  be  changed  m  area  unless  the 
change  is  approved  by  a  majority  of  those  voting  on  the  question  in  each 
county  and  each  part  affected.  Any  territory  taken  from  a  county  shall 

be  liable  for  its  proportion  of  the  debt  of  such  county. 

Section  169.  No  county  seat  shall  be  removed  unless  three-fourths 
of  those  voting  on  the  question  shall  approve  the  removal  to  the  place 
designated  except  that  a  majority  only  shall  be  required  to  remove  a 
county  seat  nearer  to  the  center  of  the  county.  No  person  shall  vote  on 
the  question  unless  he  has  resided  in  the  election  precinct  ninety  days 
and  in  the  county  six  months  next  preceding  the  election.  Such  question 
shall  not  be  submitted  oftener  than  once  in  ten  years, 

COUNTIES  OTHER  THAN  THE  COUNTY  OF  COOK. 

Section  170:  There  shall  be  an  assessor  in  each  county  to  be  se¬ 
lected  as  provided  by  law.  The  county  clerk  shall  be  ex  offfco  clerk  of 
the  county  court.  In  counties  of  less  than  sixty  thousand  population 
the  clerk  of  the  circuit  court  shall  be  ex  officio  recorder  of  deeds.  In 
counties  of  fifty  thousand  population  or  more  an  auditor  may  be  selected 

as  provided  by  law.  . 

Section  171.  The  compensation  of  all  county  officers  (except  the 

county  superintendent  of  schools)  and  the  number  and  compensation  gl 
their  employees  shall  be  fixed  by  the  county  board  and  paid  by  the  county 

treasurer  on  the  order  of  the  county  board. 

Section  172.  No  county  shall  be  so  created  or  reduced  as  to  con¬ 
tain  less  than  four  hundred  square  miles  nor  shall  any  part  of  a  county 
within  ten  miles  of  its  seat  be  taken  for  a  new  county . 

Section  173.  Unless  authorized  by  a  majority  of  those  voting  at 
an  election  no  county  shall  levy  taxes  in  excess  of  three-fourths  of  one 
per  cent  of  valuation.  But  in  case  a  county  is  made  the  unit  for  the  levy 
and  collection  of  taxes  for  road  and  bridge  purposes  an  additional 
amount  not  exceeding  three-fourths  of  one  per  cent  of  valuation  for  such 
purposes  may  he  levied  which  may  be  increased  when  authoiized  by  a 

majority  of  those  voting  at  an  election. 

This  and  the  three  preceding  sections  shall  not  apply  to  the  county 

of  CookH 

COUNTY  OF  COOK. 

Section  174.  The  county  business  of  the  county  of  Cook  shall  be 
transacted^  by  a  board  of  fifteen  commissioners  ten  of  whom  shall  be 
elected  from  the  city  of  Chicago  and  five  from  the  rest  of  the  county. 


900 


JOURNAL  OF  THE 


[Oct.  10, 


Section  175.  Each  county  officer  in  the  county  of  Cook  shall 
receive  as  his  sole  compensation  a  salary  to  be  fixed  by  law.  Such  salary 
shall  be  less  than  the  compensation  of  a  judge  of  the  circuit  court  of  the 
county.  The  circuit  court  by  rule  entered  of  record  shall  determine  the 
number  and  the  county  board  shall  determine  the  compensation  of 
deputies  and  assistants  of  the  sheriff,  treasurer,  coroner,  recorder  of 
deeds  and  clerk  of  the  circuit  court. 

Section  176.  The  general  assembly  may  consolidate  with  the  city 
of  Chicago  the  portion  of  the  county  of  Cook  lying  within  the  city.  Any 
law  providing  therefor  shall  adjust  the  powers,  offices,  rights  and  liabili¬ 
ties  of  the  county  (both  in  the  portion  within  the  city  and  in  the  portion 
outside  the  city)  and  may  either  devolve  them  in  whole  or  in  part  upon 
the  city  or  provide  otherwise  for  their  exercise  and  assumption.  When¬ 
ever  the  entire  powers  of  any  office  are  taken  away  the  office  shall  be 
abolished.  No  such  law  shall  take  effect  until  approved  both  in  the  city 
of  Chicago  and  in  the  portion  of  the  county  lying  outside  the  city  by  a 
majority  of  those  voting  on  the  question. 

Section  177.  Unless  authorized  by  a  majority  of  those  voting  on 
the  question  at  an  election  the  county  of  Cook  shall  never  levy  taxes  in 
excess  of  three-fourths  of  one  per  cent  of  valuation  except  such  addi¬ 
tional  taxes  as  may  have  been  authorized  prior  to  the  adoption  of  this 
constitution. 

CITY  OF  CHICAGO. 

Section  178.  Except  as  expressly  prohibited  by  law  the  city  of 
Chicago  is  hereby  declared  to  possess  for  all  municipal  purposes  full  and 
complete  power  of  local  self-government  and  corporate  action.  This 
grant  of  power  shall  be  liberally  construed  and  no  power  of  local  self- 
government  or  corporate  action  shall  be  denied  the  city  by  reason  of  not 
being  specified  herein.  The  city  however  may  impose  taxes  and  borrow 
money  only  as  authorized  by  the  general  assembly  or  by  this  article. 
Until  otherwise  provided  by  the  city  charter  the  powers  heretofore 
granted  the  city  shall  be  preserved  and  exercised  in  accordance  with  law 
and  the  additional  powers  granted  by  this  section  shall  be  exercised  by 
or  in  accordance  with  city  ordinances. 

Section  179.  The  legislative  authority  of  the  city  of  Chicago, 
from  time  to  time  and  after  approval  of  the  proposition  at  an  election 
in  such  manner  as  it  may  provide,  may  call  an  elective  convention  to 
frame  a  new  city  charter  or  to  revise  or  amend  any  existing  charter. 
The  proposals  of  any  such  convention  shall  be  submitted  to  the  voters 
for  adoption  in  tho,  manner  provided  by  it.  Subsequent  amendments 
may  also  be  proposed  and  submitted  to  the  voters  in  such  manner  as 
the  charter  may  provide.  State  election  laws  and  the  powers  and  duties 
existing  thereunder  shall  be  available  for  the  purposes  of  this  section. 
The  charter  so  framed,  revised  or  amended  and  ordinances  passed  there¬ 
under  shall  prevail  over  state  laws  so  far  as  the  organization  of  the  city 
government,  the  distribution  of  powers  among  its  official  agencies  and 
the  tenure  and  compensation  of  its  officers  and  employees  are  concerned. 
Bates  of  compensation  as  well  as  conditions  of  appointment  and  promo¬ 
tion  in  the  classified  civil  service  of  the  city  shall  be  determined  accord- 


1922.] 


CONSTITUTIONAL  CONVENTION. 


901 


ing  to  a  general  plan  which  shall  recognize  merit  and  fitness  as  controll¬ 
ing  principles.  A  certified  copy  of  such  charter  or  any  amendment 
thereto  shall  be  filed  with  the  secretary  of  state  within  thirty  days  after 
its  adoption. 

Section  180.  The  city  of  Chicago  shall  have  power  to  take  in  fee 
simple  or  otherwise  or  damage  private  property  (including  public  utili¬ 
ties  and  the  privileges  or  licenses  held  in  connection  therewith)  for  pub¬ 
lic  use  in  accordance  with  law. 

Section  181.  The  city  of  Chicago,  subject  to  regulation  by  gen¬ 
eral  law,  may  own,  acquire,  construct,  operate,  sell,  pledge,  lease  or  let 
public  utilities  or  buy  or  sell  the  service  thereof. 

Section  182.  The  general  assembly  may  enact  local  or  special  laws 
relating  to' the  municipal  affairs  of  the  city  of  Chicago  but  such  laws 
shall  not  take  effect  until  the  city  consents.  A  law  which  at  the  time 
of  its  enactment  is  applicable  to  the  municipal  affairs  of  no  other  city 
than  the  city  of  Chicago  shall  be  deemed  a  local  or  special  law. 

Section  183.  The  consent  of  the  city  of  Chicago  whenever  re¬ 
quired  by  this  article  shall  be  expressed  by  ordinance  but  the  general 
assembly,  the  city  charter  or  the  ordinance  may  prescribe  in  addition 
approval  of  the  ordinance  by  the  voters. 

Section  184.  The  consent  of  the  city  of  Chicago  shall  be  required 
for  the  creation,  enlargement  or  consolidation  of  any  municipal  corpora¬ 
tion  (except  a  county)  exercising  taxing  powers  within  the  city  or  for 
any  increase  of  the  taxing  powers  of  any  such  municipal  corporation 
hereafter  created  or  enlarged.  No  ordinance  expressing  consent  to  the 
creation,  enlargement  or  consolidation  of  any  municipal  corporation 
shall  take  effect  until  ninety  days  after  its  enactment  and  if  within  that 
time  either  five  thousand  voters  or  one-third  of  the  legislative  authority 
of  the  city  petition  that  body  to  submit  the  question  at  an  election  the 
ordinance  shall  not  take  effect  until  approved  by  a  majority  of  those 
voting  on  the  question. 

Section  185.  The  charter  framed,  revised  or  amended  under 
section  one  hundred  seventy-nine  of  this  constitution  may  provide : 

(a)  For  the  consolidation  with  the  city  of  Chicago  of  any  or  all 
local  governments  or  other  authorities  (in  whole  or  in  part)  now  or 
hereafter  exercising  powers  confined  to  the  city  limits;  and  also  of  that 
part  of  any  town  (partly  within  and  partly  without  the  city)  now  or 
hereafter  lying  within  the  city  limits.  After  consolidation  with  the 
city  of  any  town  (or  part  thereof)  the  powers  of  all  officers  therein 
relating  to  collection  of  taxes  shall  be  exercised  by  the  county  treasurer 
until  otherwise  provided  by  law. 

(b)  For  the  consolidation  with  the  city  of  Chicago  of  the  Sanitary 
District  of  Chicago  and  the  Forest  Preserve  District  of  Cook  County, 
or  either  of  them.  No  consolidation  of  either  of  such  districts  shall  take 
effect  until  approved  at  an  election  by  a  majority  of  those  voting  on  the 
question  both  in  the  district  and  in  the  city.  The  question  of  consolida¬ 
tion  of  either  district  shall  be  submitted  to  the  voters  thereof  as  a 
separate  proposition  and  the  election  officials  responsible  for  conducting 
elections  therein  shall  submit  the  question  in  the  manner  provided  by 
the  charter.  The  city  shall  exercise  no  taxing  power  outside  its  limits 


902 


JOURNAL  OF  THE 


[Oct.  10, 


by  virtue  of  consolidating  either  district.  Upon  consolidation  of  the 
Sanitary  District  of  Chicago  with  the  city  of  Chicago  and  until  other¬ 
wise  provided  by  law,  the  city  shall  furnish  without  charge  sewage 
disposal  service  beyond  its  limits  in  the  district,  to  the  extent  then 
furnished  by  the  district ;  and  the  city  may  be  required  by  law  to  furnish 
at  cost  additional  or  increased  sewage  disposal  service  in  such  territory. 
All  duties  or  obligations  imposed  by  law  at  the  time  of  such  consolida¬ 
tion  for  the  benefit  of  the  inhabitants  of  such  territory  or  any  part 
thereof  upon  the  city  or  the  Sanitary  District  of  Chicago  with  respect  to 
other  forms  of  service  shall  be  assumed  by  the  city  unless  it  is  relieved 

therefrom  by  the  general  assembly. 

Any  authority  consolidated  with  the  city  of  Chicago,  under  this 
section  shall  be  abolished  and  the  city  shall  succeed  to  all  the  powers, 
property  and  liabilities  thereof.  If  any  consolidation  proposed  under 
this  section  fails  to  be  approved  at  any  election,  the  question  may  be 
resubmitted  from  time  to  time  in  the  manner  provided  by  the  charter. 

Section  186.  After  any  consolidation  authorized  by  the  foregoing 
section  has  taken  effect  and  until  a  new  tax  rate  is  fixed  by  law,  the  city 
of  Chicago  may  levy  an  additional  annual  tax  equal  to  the  amount  of 
taxes  caused  to  be  extended  by  the  authority  so  consolidated  upon  the 
collector's  warrants  in  the  year  last  preceding  consolidation. 

Section  187.  The  rights  of  the  city  of  Chicago  under  the  Act 
for  the  Consolidation  of  Local  Governments,  approved  June  twenty- 
ninth,  nineteen  hundred  fifteen,  or  any  amendment  thereof  are  not 
affected  by  this  article. 

Section  188.  The  general  assembly  may  provide  other  methods 
for  consolidating  local  authorities  with  the  city  of  Chicago  subject  to  its 
consent. 

Section  189.  After  any  consolidation  authorized  by  this  article 
has  taken  effect  the  city  of  Chicago  may  become  indebted  in  the  aggre¬ 
gate  up  to  seven  per  cent  of  the  full  value  of  the  taxable  real  property 
therein  as  ascertained  by  the  last  assessment  for  state  and  county  taxes 
previous  to  incurring  the  debt.  In  computing  such  aggregate  amount 
there  shall  be  included  the  existing  indebtedness  of  the  city  and  of  all 
municipal  corporations  within  the  city  and  also  the  city’s  proportionate 
share  (determined  according  to  valuation  of  taxable  real  property)  of 
the  existing  indebtedness  of  all  municipal  corporations  partly  within 
and  partly  without  the  city. 

Section  190.  Neither  the  county  of  Cook  nor  any  city,  town, 
school  district  or  other  municipal  corporation  in  the  county  shall  become 
indebted  in  the  aggregate  including  its  existing  debt  to  an  amount 
exceeding  seven  per  cent  of  the  value  of  the  taxable  real  property  therein 
as  ascertained  by  the  last  assessment  for  state  and  county  taxes  previous 
to  incurring  the  debt.  The  corporate  body  incurring  any  such  debt, 
before  or  at  the  time  of  so  doing,  shall  provide  for  the  collection  of  a 
direct  annual  tax  sufficient  to  pay  the  interest  on  the  debt  and  to  pay 
the  principal  thereof  in  equal  annual  installments  within  twenty  years. 
But  provision  may  be  made  at  the  time  of  incurring  the  debt  for  the 
payment  of  any  part  of  it  before  maturity. 


CONSTITUTIONAL  CONVENTION. 


903 


1922.] 


Section  191.  The  city  of  Chicago  shall  incur  no  new  bonded 
indebtedness  (except  for  refunding  purposes)  without  the  approval  at 
an  election  of  a  majority  of  those  voting  on  the  question. 

Section  192.  The  city  of  Chicago  may  issue  bonds  (m  addition 
to  any  debt  otherwise  permitted  by  this  constitution)  for  the  purpose 
of  acquiring,  leasing,  constructing  or  operating  income-producing  piop- 
erty  for  supplying  transportation  or  water.  At  or  before  the  time  of 
issuing  any  such  bonds  the  city  shall  provide  for  the  collection  of  a 
direct  annual  tax  sufficient  to  pay  the  interest  thereon  and  the  piincipal 
thereof  within  forty  years.  Unless  otherwise  provided  in  the  ordinance 
authorizing  the  issuance  of  any  bonds  for  financing  any  such  income- 
producing  public  utility,  such  bonds  shall  be  held  to  be  issued  under  die 

foregoing  provisions  of  this  section. 

The  city  having  issued  bonds  under  the  provisions  of  this  section, 
thereafter  at  least  four  months  before  any  tax  for  the  payment  of  the 
principal  and  interest  of  any  such  bonds  or  for  the  payment  of  the 
principal  and  interest  of  any  other  indebtedness  incurred  for  financing 
the  same  utility  becomes  collectible  by  law,  shall  deposit  with  the  city 
treasurer,  out  of  the  gross  earnings  or  the  rentals  of  the  utility  for 
financing  which  the  debt  to  be  discharged  by  any  such  tax  was  incurred, 
a  sum  equal  in  amount  to  such  tax.  The  money  so  deposited  shall  be 
used  only  to  pay  such  principal  and  interest.  To  the  extent  that  such 
funds  are  deposited  prior  to  the  collection  of  any  such  tax  it  shall  not 
be  collected. 

The  city  having  issued  bonds  under  the  provisions  of  this  section 
shall  thereafter  establish  and  maintain  such  rates  or  charges  for  the 
service  supplied  or  such  rentals  if  the  property  is  let  for  private  opera¬ 
tion  as  may  be  necessary  to  provide  at  least  sufficient  revenue  to  pay 
(a)  the  principal  and  interest  of  all  outstanding  bonded  or  other  in¬ 
debtedness  incurred  for  financing  such  utility  and  (b)  the  cost  or 
expense  involved  in  or  incidental  to  the  ownership,  operation  or  main¬ 
tenance  of  such  utility,  including  taxes,  assessments  and  reserves  for 
repairs  and  renewals  necessary  to  maintain  the  property  in  first-class 
condition. 

Any  taxpayer  of  the  city  shall  have  the  right,  which  shall  not  be 
exclusive  in  him,  to  enforce  the  provisions  of  this  section  by  appropriate 
proceedings  in  the  circuit  court  of  the  county.  That  court  shall  enforce 
the  provisions  of  this  section  and  for  such  purpose  shall  have  all  neces¬ 
sary  powers  including  the  power  to  regulate  the  service  supplied  by  any 
such  utility. 

Section  193.  Each  issue  of  bonds  or  other  securities  by  the  city 
for  financing  any  income-producing  public  utility  shall  be  payable  in 
substantially  equal  annual  installments  of  principal  and  interest  com¬ 
bined,  beginning  not  more  than  five  years  from  the  date  thereof.  But 
provision  may  be  made  at  the  time  of  incurring  the  debt  for  the  payment 
of  any  part  of  it  before  maturity.  No  such  bonds  or  other  securities 
shall  be  issued  without  the  approval  at  an  election  of  a  majority  of  those 
voting  on  the  question.  The  city  of  Chicago  if  it  owns  or  operates  any 
such  public  utility  shall  conform  to  the  same  requirements  for  keeping 


JOURNAL  OF  THE 


904 


[Oct.  10, 


accounts  and  for  the  audit  thereof  and  for  making  reports  as  are  pre¬ 
scribed  by  law  for  a  like  utility  privately  owned. 

If  the  city  of  Chicago  constructs  or  acquires  a  subway  or  other 
property  for  transportation  purposes,  it  may  let  the  property  to  an 
operating  company  but  only  for  such  period  of  time  as  may  be  approved 
at  an  election  in  the  city  by  a  majority  of  those  voting  on  the  question. 

Publicly  owned  income-producing,  property  of  the  city  of  Chicago 
(or  of  any  local  government  or  authority  exercising  powers  within  the 
limits  of  the  city)  used  for  supplying  transportation  shall  be  taxed  in 
the  same  manner  as  privately  owned  property  used  for  a  like  purpose, 
notwithstanding  any  other  provision  in  this  constitution. 

Laws  may  be  passed  in  aid  of  this  and  the  preceding  section. 


ARTICLE  IX. 

Public  Servants. 

Section  194.  An  office  is  a  public  position  created  by  the  consti¬ 
tution  or  law  continuing  during  the  pleasure  of  the  appointing  power 
or  for  a  fixed  time  with  a  successor  elected  or  appointed.  An  employ¬ 
ment  is  an  agency  for  a  temporary  purpose  which  ceases  when  that 
purpose  is  accomplished. 

Section  195.  To  hold  any  office  created  by  this  constitution  a 
person  shall  be  a  citizen  of  the  United  States,  resident  in  this  state 
one  year  and  able  to  read  and  write  the  English  language. 

Section  196.  Xo  person  shall  hold  any  public  office  who  has 
been  convicted  of  an  infamous  crime  or  is  in  default  as  collector  or 
holder  of  public  money  or  if  he  -holds  any  office  under  the  United  States 
(except  as  a  postmaster  whose  annual  compensation  does  not  exceed 
three  hundred  dollars)  or  under  a  foreign  government. 

Section  197.  All  civil  officers  except  members  of  the  general 
assembly  and  such  inferior  officers  as  may  be  exempted  by  law,  before 
they  enter  upon  the  duties  of  their  respective  offices  shall  take  and 
subscribe  the  following  oath  or  affirmation : 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitu¬ 
tion  of  the  United  States  and  the  constitution  of  the  State  of  Illi¬ 
nois  and  that  I  will  faithfully  discharge  the  duties  of  the  office  of 
. to  the  best  of  my  ability. 

Xo  other  oath,  declaration  or  test  shall  be  required  as  a  qualifi¬ 
cation. 

Section  198.  All  public  officers  shall  hold  office  until  their  suc¬ 
cessors  have  qualified. 

Section  199.  Xo  public  officer  shall  have  his  term  extended  by 
law  after  his  election  or  appointment. 

Section  200.  Xo  legislative,  executive  or  judicial  officer  and  no 
officer  of  any  county  shall  receive  to  his  own  use  any  fees,  fines,  costs, 
perquisites,  percentages,  interest,  benefits,  emoluments  or  allowances. 

Section  201.  Xo  public  officer  shall  have  his  compensation  in¬ 
creased  or  diminished  during  his  term. 


1922.] 


CONSTITUTIONAL  CONVENTION. 


905 


Section  202.  No  extra  compensation  or  allowance  shall  he  given 
by  law  to  any  public  officer,  employee  or  contractor  after  service  has 
been  rendered  or  contract  made. 

Section  203.  Every  public  officer  shall  make  a  report  under  oath 
at  least  semiannually  to  some  official  to  be  designated  by  law  of  all  fines, 
fees,  costs,  perquisites  of  office  or  public  moneys  collected.  Every  such 
officer  shall  pay  at  least  monthly  to  some  official  designated  by  law  all 
public  moneys  and  interest  thereon  received  by  or  for  him.' 

Section  204.  No  officer  of  this  state  shall  be  beneficiallv  inter- 
ested  directly  or  indirectly  in  any  contract  with  the  state.  No  officer 
of  any  subdivision  of  the  state  or  of  any  municipal  corporation  or  of 
any  board  or  commission  shall  be  beneficially  interested  directly  or 
indirectly  in  any  contract  with  the  particular  body  of  which  he  is  an 
officer. 

Section  205.  No  statute  of  limitation  shall  begin  to  run  in  favor 
of  a  public  officer  until  an  audit  of  his  accounts  has  been  made  as  pro¬ 
vided  by  law.  * 

Section  206.  Any  public  officer  or  employer  or  his  beneficiary 
may  be  given  by  law  a  vested  interest  in  the  accumulated  portion  of  any 
death,  disability  or  retirement  fund  to  which  he  is  required  by  law  to 
contribute  a  part  of  his  compensation;  but  such  interest  shall  attach 
only  to  the  fund  accumulated  and  shall  impose  no  obligation  on  the 
state  to  create  or  maintain  such  fund. 

Section  207.  All  laws  of  the  State  of  Illinois  and  all  official 
writings  and  legislative,  executive  and  judicial  proceedings  shall  be 
conducted,  preserved  and  published  in  no  other  than  the  English 
language;  but  this  shall  not  prevent  the  use  of  abbreviations  in  the 
files  and  records  of  judicial  proceedings. 

ARTICLE  X. 

Education. 

Section  208.  The  general  assembly  shall  provide  a  thorough  and 
efficient  system  of  free  schools  whereby  all  children  of  this  state  may 
receive  a  good  common  school  education. 

Section  209.  The  general  assembly  shall  make  adequate  pro¬ 
vision  for  the  maintenance  and  development  of  the  University  of  Illi¬ 
nois  and  the  system  of  state  normal  schools. 

Section  210.  Property  received  for  public  education  and  the  pro¬ 
ceeds  of  such  property  shall  not  be  diverted  to  another  purpose  except 
that  by  consent  of  the  school  officers  holding  legal  title  special  assess¬ 
ments  may  be  levied  on  school  property. 

Section  211.  No  school  officer  shall  be  financially  interested  in 
any  contract  concerning  any  school  with  which  he  is  connected  or  in  any 
book,  apparatus  or  furniture  used  in  such  school. 


906 


JOURXAL  OF  THE 


[Oct.  10, 


ARTICLE  XI. 

Militia. 

Sectiox  212.  The  militia  of  the  State  of  Illinois  shall  consist  of 
all  able-bodied  male  persons  resident  in  the  state  between  the  ages  of 
eighteen  and  forty-five,  except  such  persons  as  now  are  or  hereafter  may 
he  exempted  by  the  laws  of  the  United  States  or  of  this  state.  Xo  per¬ 
son,  because  of  conscientious  scruples  against  bearing  arms,  shall  be 
exempted  by  the  laws  of  this  state  from  any  military  service  declared 
by  the  governor  to  he  noncombatant. 

Sectiox  213.  All  militia  officers  shall  be  commissioned  bv  the 

^  *■> 

governor  and  may  hold  their  commissions  for  such  time  as  the  general 
assembly  may  provide. 

Sectiox  214.  Members  of  the  organized  militia  in  all  cases  ex¬ 
cept  treason,  felony  or  breach  of  the  peace  shall  be  privileged  from  arrest 
during  their  attendance  at  and  in  going  to  and  deturning  from  musters 
and  military  elections. 

Sectiox  215.  The  military  records,  banners  and  relics  of'  the  state 
shall  be  preserved  as  enduring  memorials  of  the  patriotism  and  valor 
of  the  men  of  Illinois. 


ARTICLE  XII. 

Warehouses  axd  Commox  Carriers. 

Sectiox  216.  Elevators  and  storehouses  where  property  is  stored 
for  compensation  are  public  warehouses. 

Sectiox  217.  The  manager  of  every  public  warehouse  in  cities  of 
over  one  hundred  thousand  population,  or  such  population  as  may  be 
provided  by  law,  shall  post  conspicuously  each  week  in  the  office  of  the 
warehouse  a  sworn  statement  of  the  amount  and  grade  of  grain  and  also 
of  the  other  property  stored  therein  and  of  the  warehouse  receipts  out¬ 
standing  and  shall  file  a  copy  of  the  statement  in  a  place  designated  by 
law.  Changes  in  quantity  and  grade  of  grain  stored  shall  be  noted  daily 
upon  the  statement  in  the  warehouse.  Unless  the  owner  or  consignee 
consents  different  grades  of  grain  shipped  in  separate  lots  shall  not  be 
mixed. 

Sectiox  218.  The  holder  of  a  public  warehouse  receipt  may  al¬ 
ways  examine  the  property  and  the  warehouse  records  thereof. 

Sectiox  219.  Railroads  and  other  common  carriers  shall,  at  the 
point  of  shipment,  weigh  or  measure  and  receipt  for  the  full  amount 
of  grain  and  deliver  it  to  the  consignee  or  owner. 

Sectiox  220.  Railroads  shall  deliver  grain  to  any  consignee  who 
can  be  reached  by  an  available  track  and  shall  permit  connections  so 
that  any  public  warehouse,  coal  bank  or  coal  yard  may  be  reached  by 
cars. 

Sectiox  221.  It  shall  he  the  duty  of  the  general  assembly  to  pass 
ail  necessary  laws  to  prevent  the  issue  of  false  and  fraudulent  warehouse 
receipts  and  to  give  full  effect  to  this  article  which  shall  be  liberally  con¬ 
strued  to  protect  producers  and  shippers.  The  enumeration  of  remedies 


192 2.] 


CONSTITUTIONAL  CONVENTION. 


907 


herein  shall  not  be  construed  to  deny  to  the  general  assembly  the  power 
to  prescribe  by  law  such  other  remedies  as  may  be  found  expedient  or 
to  deprive  any  person  of  existing  common  law  remedies. 

Section  222.  The  general  assembly  shall  pass  laws  for  the  inspec¬ 
tion  of  grain  and  for  the  protection  of  producers,  shippers  and  receivers 
of  grain  and  produce. 

Section  223.  Railroads  are  hereby  declared  public  highways  and 
shall  be  free  to  all  for  the  transportation  of  persons  and  property  under- 
such  regulations  as  may  be  prescribed  by  law.  The  general  assembly 
shall  from  time  to  time  pass  laws  establishing  reasonable  maximum  rates 
for  the  transportation  of  passengers  and  freight  thereon. 

Section  224.  The  general  assembly  shall  pass  laws  to  correct 
abuses  and  prevent  unjust  discrimination  and  extortion  in  the  rates  of 
freight  and  passenger  tariffs  on  the  different  railroads  in  this  state  and 
enforce  such  laws  by  adequate  penalties  to  the  extent  if  necessary  of  foi- 
feitures  of  their  property  and  franchises. 

Section  225.  Nothing  in  the  two  preceding  sections  shall  be  con¬ 
strued  to  limit  the  powers  of  the  general  assembly. 

Section  226.  The  owner  shall  retain  the  fee  of  land  taken  for 

railroad  tracks  without  his  consent. 

Section  227.  Rolling  stock  and  other  movable  property  of  com¬ 
mon  carriers  shall  be  subject  to  execution  sale. 

ARTICLE  XIII. 

Canals  and  Waterways. 

Section  228.  In  addition  to  the  proceeds  of  the  twenty  million 
dollars  of  bonds  heretofore  authorized  for  the  deep  waterway,  ten  million 
dollars  may  be  appropriated  therefor  and  all  or  part  thereof  secured  by 
issuing  bonds.  The  state  shall  make  no  other  expenditure  for  any  canal 
or  waterway  or  appurtenance  thereto  except  from  the  income  thereol 
unless  the  expenditure  is  approved  by  a  majority  of  all  those  voting  at 
a  general  election. 

Section  229.  Except  as  provided  in  this  article  no  waterway  or 
canal  owned  or  improved  by  the  state  shall  be  sold  or  leased  until  the 
proposition  therefor  is  approved  by  a  majority  of  those  voting  at  a  gen 

eral  election. 

Section  230.  The  general  assembly  may  authorize  the  lease  o1  tin* 
Illinois  and  Michigan  Canal  or  any  part  thereof  to  provide  terminals 
in  connection  with  the  Illinois  Waterway  or  other  navigable  channels. 
Such  terminals  shall  be  for  public  use  without  discrimination. 

Section  231.  Leases  of  state  canals  and  waterways  and  of  stab' 
property  held  in  connection  therewith  including  water  power  shall  be 
subject  to  revaluation  every  twenty  years. 

ARTICLE  XIV. 

Amendments  to  the  Constitution. 

Section  232.  Whenever  two-thirds  of  the  members  of  each  hous< 
of  the  general  assembly  by  a  vote  entered  upon  the  journals  concur  thaf 


/ 


908 


JOURNAL  OF  THE 


[Oct.  10, 


a  convention  is  necessary  to  revise,  alter  or  amend  the  constitution,  the 
question  shall  be  submitted  to  the  electors  at  the  next  general  election. 
If  a  majority  voting  at  the  election  vote  for  a  convention,  the  general 
assembly  at  the  next  session  shall  provide  for  a  convention  to  consist  of 
twice  the  number  of  members  of  the  senate  to  be  elected  in  the  same 
manner,  at  the  same  places  and  in  the  same  districts  as  senators,  plus 
seven  members  to  be  elected  at  large  from  the  county  of  Cook.  The 
general  assembly  in  the  act  calling  the  convention  shall  designate  the 
day,  hour  and  place  of  its  meeting,  fix  the  pay  of  its  members  and  officers 
and  provide  for  their  payment  and  for  the  expenses  necessarily  incurred 
by  the  convention  in  the  performance  of  its  duties.  Before  entering 
upon  their  duties  the  members  shall  take  an  oath  to  support  the  consti¬ 
tution  of  the  United  States  and  the  constitution  of  Illinois  and  to  dis¬ 
charge  faithfully  their  duties  as  members  of  the  convention.  The  quali¬ 
fications  of  members  shall  be  the  same  as  those  of  senators  and  vacancies 
shall  be  filled  in  the  manner  provided  for  filling  vacancies  in  the  general 
assembly.  The  convention  shall  meet  within  three  months  after  the 
election  and  prepare  such  revision,  alteration  or  amendments  of  the  con¬ 
stitution  as  it  deems  necessary.  Such  revision,  alteration  or  amend¬ 
ments  shall  be  submitted  to  the  electors  for  their  ratification  or  rejection 
at  an  election  appointed  by  the  convention  for  that  purpose  not  less  than 
two  months  nor  more  than  six  months  after  its  adjournment.  Unless  so 
submitted  and  approved  by  a  majority  of  those  voting  at  the  election  no 
such  revision,  alteration  or  amendment  shall  take  effect. 

Section  233.  Amendments  to  the  constitution  may  be  proposed 
in  either  house  of  the  general  assembly  and  if  voted  for  by  two-thirds 
of  the  members  elected  to  each  house  such  proposed  amendments  to¬ 
gether  with  the  yeas  and  nays  of  each  house  thereon  shall  be  entered 
in  full  upon  their  respective  journals.  Such  amendments  shall  be  sub¬ 
mitted  in  the  manner  prescribed  by  law  to  the  electors  for  adoption  or 
rejection  at  the  next  election  for  members  of  the  general  assembly  and 
shall  be  published  in  full  at  least  three  months  before  the  election.  If 
electors  equal  in  number  to  a  majority  of  the  votes  cast  for  members  of 
the  house  of  representatives  vote  for  the  proposed  amendments  they  shall 
become  part  of  the  constitution.  The  general  assembly  shall  not  propose 
amendments  to  more  than  two  article  of  the  constitution  at  the  same 
session  nor  to  the  same  section  oftener  than  once  in  four  years. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amend¬ 
ments  made  to  the  constitution  of  this  state  and  to  carry  them  into  effect 
it  is  hereby  ordained  and  declared : 

Section  1.  All  laws  in  force  at  the  adoption  of  this  constitution 
not  inconsistent  therewith  and  all  rights,  actions,  prosecutions,  claims 
and  contracts  of  this  state  or  of  individuals  or  of  bodies  corporate  shall 
continue  to  be  as  valid  as  if  this  constitution  had  not  been  adopted.  An 
Act  entitled,  “An  Act  to  Bevise  the  Law  in  Relation  to  Banks  and 
Banking,”  approved  June  twenty-third,  nineteen  hundred  nineteen,  shall 


1922.] 


CONSTITUTIONAL  CONVENTION. 


909 


continue  in  force  unchanged  until  the  first  day  of  July,  nineteen  hundred 
twenty-five  and  thereafter  until  revised,  repealed,  or  amended. 

Section  2.  All  fines,  taxes,  penalties  and  forfeitures  due  this  state 
under  the  present  constitution  and  laws  shall  inure  to  the  people  of  this 
state  under  this  constitution. 

Section  3.  Eecognizances,  bonds,  obligations,  and  all  other  instru¬ 
ments  entered  into  before  the  adoption  of  this  constitution  to  the  people 
of  this  state  or  to  any  subdivision  thereof  or  to  any  municipal  corpor¬ 
ation  or  to  any  public  officer  shall  remain  binding  and  valid.  All  crimes 
and  misdemeanors  shall  be  tried  and  punished  as  if  no  change  had  been 
made  in  the  constitution  of  this  state. 

Section  4.  All  persons  now  holding  offices  or  appointments  shall 
continue  the  exercise  of  the  duties  thereof  according  to  their  respective 
commissions  or  appointments  unless  otherwise  directed  by  this  constitu¬ 
tion  or  other  law. 

Section  5.  Except  as  otherwise  provided  in  this  constitution  and 
subject  to  such  changes  in  their  duties  as  are  prescribed  therein,  all  per¬ 
sons  elected  to  office  at  the  election  in  November,  nineteen  hundred 
twenty-two,  shall  continue  in  office  during  the  terms  for  which  they  are 
respectively  elected. 

Section  6.  In  order  that  elections  may  be  held  regularly  in  Nov¬ 
ember  it  is  hereby  provided  as  follows: 

All  officers  elected  to  office  prior  to  the  election  in  November,  nine¬ 
teen  hundred  twenty-three,  whose  terms  expire  before  that  time,  shall 
hold  office  until  their  terms  expire  as  now  provided  by  law  and  at  the 
expiration  of  their  respective  terms  their  successors  shall  be  elected  at 
that  time  to  hold  office  during  the  regular  terms  provided  by  law  and 
until  their  successors  are  elected  at  the  next  ensuing  November  election. 

All  officers  elected  to  office  prior  to  the  election  in  November,  nine¬ 
teen  hundred  twenty-three,  whose  terms  expire  after  that  date  and  who 
are  elected  at  other  times  than  at  the  November  election  shall  hold  office 
for  the  terms  for  which  they  are  elected  and  until  their  successors  are 
elected  at  the  next  ensuing  November  election. 

This  section  shall  not  apply  to  or  within  the  county  of  Cook. 

Section  7.  The  first  apportionment  for  senators  after  the  adop¬ 
tion  of  this  constitution  shall  provide  that  three  of  the  additional  sena¬ 
tors  shall  be  elected  at  the  first  election  for  terms  of  two  years  and  the 
other  three  additional  senators  for  terms  of  four  years. 

Section  8.  On  the  day  this  constitution  is  submitted  to  the  people 
for  ratification  an  election  shall  be  held  for  two  justices  of  the  supreme 
court  in  the  seventh  judicial  district.  Every  person  in  that  judicial 
district  who  is  entitled  to  vote  for  this  constitution  shall  be  entitled  to 
vote  for  such  justices.  The  election  shall  otherwise  be  conducted,  re¬ 
turns  made  and  certificates  of  election  issued  in  accordance  with  existing 
laws.  If  it  appears  upon  the  canvassing  of  the  votes  for  and  against 
this  constitution  that  this  constitution  is  not  adopted,  then  no  certifi¬ 
cates  of  election  shall  be  issued  for  such  justices.  If  they  are  elected 
and  commissioned  such  justices  shall  hold  office,  one  until  the  first  Mon- 


JOURNAL  OF  THE 


910 


[Oct.  10, 


day  of  June,  nineteen  hundred  thirty-one  and  one  until  the  first  Mon¬ 
day  of  June,  nineteen  hundred  thirty-three. 

Successors  to  the  justices  now  in  office  shall  be  elected  in  the  seventh 
district  on  the  first  Monday  of  J une  and  in  the  other  districts  on  the  first 
Tuesday  after  the  first  Monday  of  November  in  the  years  in  which  their 
respective  terms  expire.  One  justice  for  each  of  the  first  and  third 
districts  shall  be  elected  for  a  term  to  expire  on  the  first  Tuesday  after 
the  first  Monday  of  November,  nineteen  hundred  thirty-three;  one 
justice  for  the  second  district  shall  be  elected  for  a  term  to  expire  on  the 
first  Tuesday  after  the  first  Monday  of  November,  nineteen  hundred 
thirty-five;  one  justice  for  the  fourth  district  shall  be  elected  for  a  term 
to  expire  on  the  first  Tuesday  after  the  first  Monday  of  November,  nine¬ 
teen  hundred  thirty-nine;  one  justice  for  each  of  the  fifth  and  sixth  dis¬ 
tricts  shall  be  elected  for  a  term  to  expire  on  the  first  Tuesday  after  the 
first  Monday  of  November,  nineteen  hundred  thirty-seven;  one  justice 
for  the  seventh  district  shall  be  elected  for  a  term  to  expire  on  the  first 
Monday  of  June,  nineteen  hundred  thirty-five. 

Section  9.  The  clerk  of  the  supreme  court  and  the  clerks  of  the 
appellate  courts  in  office  at  the  time  of  the  adoption  of  this  constitution 
shall  continue  to  hold  office  during  the  terms  for  which  they  are  respec¬ 
tively  elected. 

Section  10.  The  judges  of  the  circuit  and  superior  courts  of  Cook 
county  now  serving  as  judges  of  the  appellate  court  of  the  first  district 
and  its  branches  shall  become  judges  of  the  appellate  court  of  tire  first 
district  under  this  constitution  to  hold  office  until  January  first,  nine¬ 
teen  hundred  twenty-nine.  The  judges  of  the  appellate  court  of  the 
second  district,  the  appellate  court  of  the  third  district  and  the  appellate 
court  of  the  fourth  district  under  this  constitution  shall  be  appointed 
b}r  the  supreme  court  as  soon  as  may  be  after  the  adoption  of  this  consti¬ 
tution  to  hold  office  until  January ‘first,  nineteen  hundred  twenty-eight. 

Section  11.  Until  otherwise  provided  by  law  judges  of  the  appel¬ 
late  court  of  the  first  district  shall  each  receive  the  same  salary  as  is 
paid  a  judge  of  the  circuit  court  of  Cook  county  and  judges  of  the 
appellate  courts  of  the  second,  third  and  fourth  districts  shall  each 
receive  a  salary  of  eight  thousand  five  hundred  dollars  per  annum.  Such 
salaries  shall  be  payable  in  the  same  manner,  at  the  same  time  and  from 
the  same  sources  as  the  salaries  of  judges  of  the  circuit  courts  within 
such  districts  respectively. 

Section  12.  On  May  seventh,  nineteen  hundred  twenty-three,  the 
circuit,  superior,  criminal,  county  and  probate  courts  of  Cook  county, 
the  municipal  court  of  Chicago  and  the  city  court  of  Chicago  Heights 
shall  be  consolidated  into  one  court  to  be  known  as  the  circuit  court  of 
Cook  county  and  thereupon  all  such  courts  except  that  last  mentioned 
shall  be  abolished.  The  offices  of  judge  and  clerk  of  the  city  court  of 
Chicago  Heights  shall  thereupon  be  abolished. 

Section  13.  The  judges  of  the  circuit,  superior,  county  and  pro¬ 
bate  courts  of  Cook  county  and  the  chief  justice  of  the  municipal  court 
of  Chicago  in  office  on  May  seventh,  nineteen  hundred  twenty-three 
(except  the  judges  of  the  circuit  and  superior  courts  of  Cook  county 


1922.] 


CONSTITUTIONAL  CONVENTION. 


911 


made  judges  of  the  appellate  court  of  the  first  district  by  the  adoption 
of  this  constitution  whose  offices  as  judges  of  the  circuit  and  superior 
courts  of  Cook  county  thereby  cease  to  exist)  shall  be  judges  of  the 
circuit  court  of  Cook  county  as  thus  consolidated  and  shall  continue  to 
hold  office  during  the  terms  for  which  they  are  respectively  elected  or 
appointed  and  until  their  successors  are  elected  and  qualified.  The 
associate  judges  of  the  municipal  court  of  Chicago  in  office  on  May 
seventh,  nineteen  hundred  twenty-three,  shall  be  associate  judges  of  the 
circuit  court  of  Cook  county  as  thus  consolidated  and  shall  continue 
to  hold  office  during  the  terms  for  which  they  are  respectively  elected 
or  appointed  and  until  the  first  Monday  of  June  next  following,  re¬ 
spectively,  when  their  respective  offices  as  associate  judges  of  that  court 
shall  be  abolished.  There  shall  be  elected  to  the  office  of  judge  of  the 
circuit  court  of  Cook  county  for  terms  of  six  years,  except  as  hereinafter 
otherwise  specifically  provided,  on  the  first  Monday  of  June  of  the  years 
following:  In  nineteen  hundred  twenty-three,  nine  judges  as  successors 
to  the  judges  whose  terms  expire  in  that  year;  in  nineteen  hundred 
twenty-five,  one  judge  as  successor  to  the  judge  whose  term  expires  in 
nineteen  hundred  twenty-four  and  one  judge  as  successor  to  the  judge 
whose  term  expires  in  nineteen  hundred  twenty-five,  together  with  eight 
additional  judges;  in  nineteen  hundred  twenty-seven,  two  judges  as 
successors  to  the  judges  whose  terms  expire  in  the  year  nineteen  hundred 
twenty-six,  and  seventeen  judges  as  successors  to  the  judges  whose  terms 
expire  in  the  year  nineteen  hundred  twenty-seven;  in  nineteen  hundred 
twenty-seven,  eight  additional  judges  for  terms  of  four  years;  and  in 
nineteen  hundred  twenty-nine,  four  judges  as  successors  to  the  judges 
whose  terms  expire  in  the  year  nineteen  hundred  twenty-eight,  nine 
judges  as  successors  to  the  judges  whose  terms  expire  in  the  year 
nineteen  hundred  twenty-nine,  together  with  eight  additional  judges, 
one  of  whom  shall  hold  office  for  the  term  of  two  vears. 

Section  14.  Such  associate  judges  of  the  circuit  court  of  Cook 
county  shall  perform  such  judicial  duties  as  may  be  assigned  to  them 
in  the  classes  of  cases  which  would  have  been  within  the  jurisdiction  of 
the  criminal  court  of  Cook  county  at  the  time  of  the  adoption  of  this 
constitution  and  also  in  the  classes  of  cases  arising  in  the  county  of 
Cook  which  would  have  been  within  the  jurisdiction  of  the  municipal 
court  of  Chicago  if  they  had  arisen  in  the  city  of  Chicago  prior  to  the 
adoption  of  this  constitution.  During  their  respective  terms  of  office  as 
such  associate  judges  they  shall  receive  the  salaries  allowed  them  by 
the  laws  in  force  on  May  first,  nineteen  hundred  twenty-two,  one-half 
of  which  shall  be  payable  out  of  the  state  treasury  and  one-half  out  of 
the  treasury  of  the  county  of  Cook. 

Section  15.  The  judges  of  the  circuit  courts  in  each  circuit 
(other  than  the  .county  of  Cook)  in  office  at  the  time  of  the  adoption 
of  tin's  constitution  shall  continue  to  hold  office  during  the  terms  for 
which  they  are  elected  or  appointed  and  until  their  successors  are  elected 
and  qualified. 

Section  1G.  The  judge  of  the  county  court  of  Cook  county  in 
office  at  the  time  of  the  adoption  of  this  constitution  shall  continue  to 
exercise  during  his  term  of  office  or  until  otherwise  provided  by  law 
the  same  control  and  supervision  over  all  matters  of  election  as  now 


912 


JOURNAL  OF  THE 


[Oct.  10, 


provided  by  law.  The  general  assembly  prior  to  July  first,  nineteen 
hundred  twenty-five,  shall  provide  that  all  such  authority  and  super¬ 
vision  shall  devolve  upon  some  elective  county  officer  or  officers. 

Section  17.  On  December  third,  nineteen  hundred  twenty-three, 
the  county  and  probate  courts  in  each  county  (other  than  the  county  of 
Cook)  where  both  exist  shall  be  consolidated  into  one  court  to  be  known 
as  the  county  court. 

Section  18.  The  judges  of  the  county  and  probate  courts  (in 
counties  other  than  the  county  of  Cook)  in  office  on  December  third, 
nineteen  hundred  twenty-three,  shall  be  judges  of  the  county  court  as 
thus  consolidated,  at  which  time  the  office  of  judge  of  the  probate  court 
or  probate  judge  shall  be  abolished.  They  shall  hold  office  during  the 
terms  for  which  they  were  elected  and  until  their  successors  are  elected 
and  qualified.  Counties  having  a  population  of  less  than  seventy-five 
thousand,  which  have  a  county  judge  and  a  probate  judge  at  the  time 
of  the  adoption  of  this  constitution,  shall  elect  in  nineteen  hundred 
twenty-seven  two  county  judges. 

Section  19.  Unless  the  general  assembly  prior  to  December  third, 
nineteen  hundred  twenty-three,  fixes  the  salaries  of  county  judges  and 
probate  judges  (other  than  those  of  the  county  of  Cook)  who  are  made 
judges  of  the  county  courts  as  thus  consolidated,  the  salaries  of  such 
judges  after  the  date  last  mentioned  and  until  otherwise  provided  by 
law  shall  be  as  follows :  The  present  salary  of  each  judge  shall  be 
increased  to  two  thousand  five  hundred  dollars  in  counties  having  a 
population  of  fifteen  thousand  or  less,  to  four  thousand  dollars  in  coun¬ 
ties  having  a  population  of  more  than  fifteen  thousand  and  less  than 
forty  thousand  and  to  five  thousand  dollars  in  counties  having  a  popula¬ 
tion  of  forty  thousand  or  more.  Each  county  shall  continue  to  pay  the 
present  salaries  until  the  whole  of  such  salaries  becomes  payable  out  of 
the  state  treasury  as  provided  in  this  constitution.  Until  that  time  the 
increase  of  salaries  provided  herein  shall  be  payable  monthly  out  of  the 
state  treasury.  The  word  population  as  used  in  this  section  means  the 
population  as  shown  by  the  federal  census  of  nineteen  hundred  twenty. 

Section  20.  The  provisions  of  section  one  hundred  twenty-eight 
of  this  constitution  so  far  as  they  affect  the  judges  of  county  and  probate 
courts  (outside  the  county  of  Cook)  shall  not  become  effective  until 
December  third,  nineteen  hundred  twenty-three,  unless  the  general 
assembly  provides  that  increased  salaries  be  paid  prior  to  that  date. 

Section  21.  The  clerk  of  the  circuit  court  of  Cook  county  in 
office  on  May  seventh,  nineteen  hundred  twenty-three,  shall  be  clerk 
of  that  court  as  consolidated  by  this  schedule.  The  clerks  of  the  superior, 
criminal,  county  and  probate  courts  of  Cook  county  and  the  clerk  of  the 
municipal  court  of  Chicago  on  that  date  shall  become  associate  clerks  of 
the  circuit  court  of  Cook  county  to  hold  office  for  the  terms  for  which 
they  are  respectively  elected;  and  as  near  as  may  be  they  shall  exercise 
the  same  powers  (including  those  relating  to  the  appointment  and 
discharge  of  employees  and  to  the  collection  and  disbursement  of 
mone3rs),  perform  the  same  duties  and  receive  the  same  salaries  as  on 
May  seventh,  nineteen  hundred  twenty-three.  If  a  vacancy  occurs  in 
the  office  of  clerk  of  the  circuit  court  of  Cook  county  prior  to  the  election 


1922.] 


CONSTITUTIONAL  CONVENTION. 


913 


in  November,  nineteen  hundred  twenty-four,  such  vacancy  shall  be  filled 
by  a  majority  of  the  judges  and  associate  judges  of  the  circuit  court  of 
Cook  county  by  appointing  one  of  such  associate  clerks  who  shall  hold 
office  until  the  election  in  November,  nineteen  hundred  twenty-four. 

Section  22.  The  circuit  court  of  each  county  is  hereby  continued 
and  on  the  first  Monday  of  November,  nineteen  hundred  twenty-seven, 
the  circuit  and  city  courts  in  each  county  (other  than  the  county  of 
Cook)  where  both  courts  exist  shall  be  consolidated  into  one  court  to  be 
known  as  the  circuit  court  and  thereupon  the  offices  of  judge  and  clerk 
of  all  such  city  courts  shall  be  abolished. 

Section  23.  The  offices  of  justice  of  the  peace  and  constable 
existing  at  the  time  of  the  adoption  of  this  constitution  shall  be  abol¬ 
ished  from  and  after  the  election  or  appointment  and  qualification  of 
justices  of  the  peace  or  constables  in  their  respective  districts,  towns  or 
portions  of  towns  in  accordance  with  the  provisions  of  this  constitution. 

Section  24.  The  clerk  of  the  county  court  of  each  county  (other 
than  the  county  of  Cook)  in  office  on  December  third,  nineteen  hundred 
twenty-three,  shall  be  clerk  of  the  county  court  as  consolidated  by  this 
schedule  and  the  clerk  of  the  probate  court  of  each  county  (other  than 
the  county  of  Cook)  having  a  probate  clerk  shall  become  the  chief  deputy 
county  clerk  of  such  county  court  during  the  term  for  which  he  is  elected 
and  at  the  salary  received  by  him  at  the  time  of  the  adoption  of  this  con¬ 
stitution;  and  as  near  as  may  be  he  shall  exercise  the  same  powers 
(including  those  relating  to  the  appointment  and  discharge  of  employees 
and  to  the  collection  and  disbursement  of  moneys)  and  perform  the  same 
duties  as  on  December  third,  nineteen  hundred  twenty-three.  At  the 
expiration  of  the  terms  of  office  of  the  probate  clerks  in  office  on  Decem¬ 
ber  third,  nineteen  hundred  twenty-three,  the  office  of  probate  clerk  shall 
be  abolished. 

Section  25.  The  bailiff  of  the  municipal  court  of  Chicago  in  office 
on  May  seventh,  nineteen  hundred  twenty-three,  shall  become  associate 
sheriff  of  the  county  of  Cook  and  hold  office  during  the  term  for  which 
he  is  elected.  After  the  date  last  mentioned  and  during  his  term  he 
shall  receive  the  same  salary  and  have  as  near  as  may  be  the  same 
powers,  duties  and  responsibilities  as  before  that  date,  including  the 
selection,  appointment  and  removal  of  his  employees  and  the  collection 
and  disbursement  of  moneys. 

Section  26.  Each  court  into  which  by  the  provisions  of  this  con¬ 
stitution  other  courts  are  consolidated  shall  immediately  upon  such 
consolidation  succeed  to  and  assume  jurisdiction  of  all  causes,  matters 
and  proceedings  then  pending  in  all  courts  of  which  it  is  the  successor, 
with  full  power  and  authority  to  dispose  of  them  and  to  carry  into 
execution  or  otherwise  to  give  effect  to  all  orders,  judgments  and  decrees 
theretofore  entered  by  the  respective  courts  thus  consolidated. 

Section  27.  From  and  after  May  seventh,  nineteen  hundred 
twenty-three,  and  until  otherwise  provided  by  law,  all  matters  of  fees 
and  costs  connected  with  proceedings  in  the  circuit  court  of  Cook  county 
shall  be  regulated  by  rules  to  be  adopted  by  the  supreme  court. 

Section  28.  All  judicial  circuits  established  by  law  at  the  adop¬ 
tion  of  this  constitution  shall  be  preserved  until  changed  by  law. 

—58  C  J 


914 


JOURNAL  OF  THE 


[Oct.  10, 


Section  29.  This  constitution  shall  be  submitted  to  the  people  of 
the  State  of  Illinois  for  adoption  or  rejection  at  an  election  to  be  held 
on  Tuesday  December  twelfth,  nineteen  hundred  twenty-two.  The 
county  clerks  of  the  respective  counties  of  this  state  shall  give  notice 
between  the  first  and  tenth  days  of  November,  nineteen  hundred  twenty- 
two,  in  the*  manner  required  by  law  for  notices  of  general  elections  that 
at  such  election  this  constitution  will  be  submitted  to  the  electors  of  this 
state  for  adoption  or  rejection. 

Section  30.  Every  person  entitled  to  vote  under  the  provisions  of 
existing  laws  shall  be  entitled  to  vote  for  the  adoption  or  rejection  of  this 
constitution  and  such  persons  shall  vote  by  ballot.  Such  election  shall 
be  conducted  and  the  returns  thereof  made  according  to  the  laws  now  in 
force  regulating  general  elections. 

Section  31.  The  officers  now  required  by  law  in  the  case  of  gen¬ 
eral  elections  to  provide  election  supplies  for  each  precinct  or  district 
shall  provide  in  the  manner  now  required  by  law  for  conducting  general 
elections  all  necessary  poll  books,  tally  sheets,  forms  of  return,  ballots 
and  supplies  for  such  election. 

Section  32.  The  ballots  to  be  used  at  such  election  shall  be  sub¬ 
stantially  in  the  following  form : 


Proposed  New  Constitution  Election  Ballot. 


1 

SHALL  THE  PROPOSED  NEW 

i  i 

YES  |  ! 

|  | 

CONSTITUTION  BE  ADOPTED 

NO  |  ! 

1  ! 

Section  33.  The  elector  shall  designate  his  vote  by  a  cross  mark 

thus,  X,  tc  be  placed  in  one  of  the  squares  on  the  right-hand  margin 
of  the  ballot. 

Section  34.  The  ballots  cast  for  and  against  the  adoption  of  this 
constitution  shall  be  received  and  canvassed  by  the  judges  and  clerks  of 
such  election  and  returned  as  provided  by  law  for  general  elections. 

Section  35.  Within  fifteen  days  after  such  election,  returns 
thereof  shall  be  made  bv  the  several  countv  clerks  to  the  secretarv  of 

«'  »/  'j 

state  which  shall  show  (a)  the  aggregate  number  of  electors  voting  in 
each  county,  (b)  the  aggregate  number  of  votes  cast  for  the  adoption 
of  this  constitution  and  (c)  the  aggregate  number  of  votes  cast  against 
the  adoption  of  this  constitution.  Such  returns  shall  within  ten  days 
thereafter  be  examined  and  canvassed  by  the  secretary  of  state,  the 
attornev  general,  the  state  treasurer  and  the  auditor  of  nublic  accounts 
or  any  three  of  them  in  the  presence  of  the  governor  and  proclamation 
shall  be  made  by  the  governor  forthwith  of  the  result  of  the  canvass.  If 
it  appears  that  a  majority  of  the  votes  cast  are  for  the  adoption  of  the 
new  constitution  it  shall  be  the  supreme  law  of  the  State  of  Illinois  on 
and  after  twelve  o’clock  noon  of  Monday,  January  fifteenth,  nineteen 
hundred  twenty-three,  and  the  existing  constitution  shall  thereupon 
cease  in  all  its  provisions. 

Done  in  convention  at  the  capitol  in  the  city  of  Springfield  on  the 
twelfth  day  of  September  in  the  year  of  our  Lord  one  thousand  nine 

-L  %J 


1922.] 


CONSTITUTIONAL  CONVENTION. 


915 


hundred  twenty-two,  of  the  Independence  of  the  United  States  of 
America  the  one  hundred  forty-seventh  and  of  the  statehood  of  Illinois 
the  one  hundred  fourth. 

In  witness  whereof  we  have  hereunto  subscribed  our  names. 


B.  H.  McCann, 

Secretary. 

Edward  E.  Adams 
Stanley  Adamkiewicz 
Percival  G.  Baldwin 
George.  A.  Barr 
William  H.  Beckman 
Rodney  H.  Brandon 
John  J.  Breniiolt,  Jr. 
Edward  H.  Brewster 
Charles  D.  Cary 
Oscar  E.  Carlstrom 
B.  L.  Catron 
William  H.  Chew 
Elam  L.  Clarke 
E.  B.  COOLLEY 
Edward  Corlett 
William  H.  Cruden 
Abel  Davis 
Rufus  C.  Dawes 
Frederic  R.  DeYoung 
Cyrus  E.  Dietz 
John  L.  Dryer 
Henry  M.  Dunlap 
George  A.  Dupuy 
Philip  E.  Elting 
Joseph  W.  Fifer 
Thomas  F.  Frole 
Edgar  E.  Fyke 
George  C.  Gale 
William  Ganschow 
Bruce  H.  Garrett 
Sylvester  J.  Gee 
G.  Gale  Gilbert 
A.  F.  Goodyear 
William  S.  Gray 
Henry  I.  Green 
Charles  H.  Hamill 
William  T.  Hollenbeck 
Morton  D.  Hull 
Michael  Iarussi 
Charles  H.  Ireland 
James  P.  Jack 
Charles  S.  Cutting 
John  E.  Traeger 
John  J.  Gorman 


Charles  E.  Woo  ward, 

President. 
Lewis  A.  Jarman 
Lawrence  C.  Johnson 
Watts  A.  Johnson 
Thomas  C.  Iverrick 
Ernest  Iyunde 
George  P.  Latciieord 
Herbert  F.  Lill 
Cicero  J.  Lindly 
David  E.  Mack 
Willard  M.  McEwen 
Sylvester  W.  McGuire 
Charles  J.  Miciial 
Amos  C.  Miller 
Andrew  H.  Mills 
Charles  B.  T.  Moore 
James  Xichols 
Martin  J.  O’Brien 
James  H.  Paddock 
Charles  Y.  Parker 
S.  E.  Pincus 
B.  IP.  Pinnell 
Frank  J.  Quinn 
Thomas  Rinaker 
Michael  Rosenberg 
William  M.  Scanlan 
David  E.  Shanahan 
Charles  A.  Siiuey 
Rollo  Six 
Arthur  M.  Smith 
Douglas  Sutherland 
Albert  E.  Taef 
Hiram  E.  Todd 
H.  E.  Torrance 
William  E.  Trautmann 
William  A.  Wall 
Alvin  Warren 
Frank  S.  Whitman 
Walter  H.  Wilson 
Oscar  Wolff 
Charles  Woodward 
Henry  W.  Meinert 
Alexander  IT.  Revell 
Harry  H.  Stahl 


916 


JOURNAL  OF  THE 


[Oct.  10, 


The  President  further  reported  the  following  correspondence  with 
the  Secretary  of  State,  with  reference  to  depositing  the  Revised  Consti¬ 
tution  in  his  office  as  above  set  forth,  to-wit : 

The  Honorable ,  the  Seo'etary  of  State. 

Dear  Sir:  The  Constitutional  Convention  of  Illinois,  on  September 
twelfth,  one  thousand  nine  hundred  twenty-two,  adopted  the  following  reso¬ 
lution: 

‘‘ Resolved ,  That  the  enrolled  Constitution  of  Illinois,  adopted  in  Con¬ 
vention  at  the  Capitol  in  the  City  of  Springfield  on  the  12th  day  of  Sep¬ 
tember,  A.  D.  1922,  be  authenticated  as  follows: 

(1)  That  it  first  be  signed  by  the  President  of  the  Convention; 

(2)  That  it  then  be  attested  by  the  signature  of  the  Secretary; 

(3)  That  the  delegates  present  in  alphabetical  order  of  names  may 
then  attach  their  signatures; 

That  delegates  present  having  authority  from  absent  delegates  to  sign 
the  names  of  such  absent  delegates  may  do  so; 

The  other  delegates  may  have  the  privilege  of  signing  the  enrolled 
Constitution  in  the  office  of  the  Secretary  of  State  at  any  time  on  or  before 
the  12th  day  of  December,  A.  D.  1922,  their  respective  signatures  to  be  at¬ 
tested  by  the  Secretary  of  State;  and 

That  upon  authentication  as  aforesaid,  the  President  of  the  Convention 
deliver  it  to  the  Secretary  of  State  for  record  and  deposit  in  his  office.” 

Pursuant  to  the  mandate  of  the  above  resolution  I  place  in  your  hands 
the  enrolled  Constitution  of  Illinois,  adopted  in  Convention  at  the  Capitol 
in  the  City  of  Springfield  on  the  twelfth  day  of  September  in  the  year  of  our 
Lord  one  thousand  nine  hundred  twenty-two,  for  record  and  deposit  in  your 
office. 

Very  respectfully, 

Charles  E.  Woodward, 

President. 

Hall  of  the  House  of  Representatives, 
this  tenth  day  of  October  in  the  year  of  our 
Lord  one  thousand  nine  hundred  twenty- 
two. 

The  Honorable,  the  President  of  the  Constitutional  Convention. 

Dear  Sir:  I  have  this  day  received  at  your  hands  the  enrolled  Con¬ 
stitution  of  Illinois,  adopted  in  Convention  at  the  Capitol  in  the  City  of 
Springfield  on  the  twelfth  day  of  September  in  the  year  of  our  Lord  one 
thousand  nine  hundred  twenty-twTo,  and  have  caused  it  to  be  recorded  and 
placed  in  the  archives  of  my  office. 

Very  respectfully, 

Louis  L.  Emmersox, 

Secretary  of  State. 

Office  of  the  Secretary  of  State  at  the 
Capitol  in  the  City  of  Springfield  this 
tenth  day  of  October,  one  thousand  nine 
hundred  twenty-two. 

The  President  laid  before  the  Convention  a  further  report  of  the 
expenses  of  the  Convention,  as  follows : 


Financial  Report  of  the  President. 

The  President  submits  herewith  a  supplemental  report,  covering 
the  vouchers  signed  by  him  under  the  provisions  of  an  Act  entitled,  “An 
Act  to  assemble  a  Convention  to  revise,  alter  or  amend  the  Constitution 
of  the  State  of  Illinois/'  approved  June  21,  1919,  in  force  Julyl,  1919; 
and  of  an  Act  entitled,  “An  Act  to  appropriate  the  unexperded  balance 


1922.] 


CONSTITUTIONAL  CONVENTION. 


917 


of  the  appropriation  made  by  an  Act  entitled,  ‘An  Act  to  assemble  a 
Convention  to  revise,  alter  or  amend  the  Constitution  of  the  State  of 
Illinois/  approved  June  21,  1919,  in  force  July  1,  1919,”  approved  June 
24,  1921,  in  force  July  1,  1921. 

This  report  includes  all  vouchers  issued  from  and  after  September 
12th,  A.  D.  1922,  and  the  recapitulation  includes  the  expenditures  as 
reported  in  detail  in  the  report  filed  September  12th,  A.  D.  1922,  in 
addition  to  the  expenditures  reported  in  detail  in  the  above  supplemental 
report. 


FINANCIAL  REPORT  OF  THE  PRESIDENT. 


918 


JOURNAL  OF  THE 


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1922. 


922  JOURNAL  OF  THE  [Oct.  10, 

At  the  hour  of  10  :30  o’clock  a.  m.,  Mr.  Stahl  moved  that  the  Con¬ 
vention  do  now  adjourn. 

The  motion  prevailed,  and  in  accordance  with  the  motion  hereto¬ 
fore  adopted  on  October  10,  1922,  the  Convention  stood  adjourned 
sine  die. 

The  committee  heretofore  appointed  by  resolution  to  approve  the 
Journals  of  the  last  three  days  of  the  Convention,  hereby  certifies  that 
they  have  examined  the  record  of  the  proceedings  of  June  28,  September 
12,  and  October  10,  1922,  and  find  the  same  correct. 

(Signed)  Arthur  M.  Smith, 
Andrew  H.  Mills, 

Thos.  Binaker, 

Approved :  Committee. 

B.  H.  McCann, 

Secretary  of  the  Convention. 


INDEX  TO  CONVENTION  JOURNAL 


ADAMKIEWICZ,  STANLEY: 

Present  and  oath . 

Pay  and  mileage . 

Resolution  offered  . 


PAGE. 

.  462 
.  850 
.  816 


ADAMS,  EDWARD  E. : 
Present  and  oath .... 
Pay  and  mileage .... 


462 

850 


ADDRESS  : 

Carlstrom,  Oscar  E 

Davis,  Abel . 

Moore,  B.  C.  T . 

Six,  Rollo  . 

Hamill,  Charles  . . 


251,  593 
251,  593 
.  .  .  .  593 
. .  .  .  593 

838,  849 


ADJOURNMENT : 

January  6-14  . 

January  15-20  . 

January  21-28  . 

January  29-February  3 . 

February  6-10  . 

February  19-25  . 

February  27-March  2 . 

March  4-9  . 

March  11-16  . 

March  18-23  . 

March  26-30  . 

April  1-7  . 

April  9-14  . 

April  16-21  . 

April  23-27  . 

April  30-May  4 . 

May  6-11  . 

May  13-18  . 

May  20-25  . 

May  27-June  1 . 

June  17-22  . 

June  25-28  . 

July  1-6  . 

July  7-September  21 . 

September  21-November  8 . 

November  12-15  . 

November  18-22  . 

November  24-29  . 

December  2-6  . 

December  6-7  . . 

December  7-8  . 

December  8,  1920-September  6,  1921 
September  6,  1921-January  3,  1922.. 

January  3-31  . •  • . 

February  2-7  . 

February  9-14  . 

February  16-21  . 

February  23-28  . 

March  2-7  . 

March  9-14  . 

March  14-April  18 . 

April  18-25  . 

April  29-May  1 . 

May  5-June  13 . 

June  15-20  . 

June  22-27  . 

June  28-September  12 . 

September  12-October  10 . 

Sine  Die  . 


9 

30 

39 

51 

63 

78 

105 

114 

120 

125 

130 

137 

142 

148 

153 

165 

170 

181 

187 

195 

211 

224 

236 

242 

245 

254 

260 

269 

277 

278 
283 
293 
458 
461 
487 
497 
502 
514 
535 

565 

566 

567 
631 
725 
739 
780 
827 
876 
922 


923 


924 


INDEX. 


AGRICULTURE  : 

Committee  reports: 

Drainage  . 

Farm  loans  . . j  j  ] 

Forestry  . [ . .  . 

Warehouses  . j . . . 

Reclamation  of  swamp  and  overflowed  lands 
Warehouses  . . 

AITKEN,  REV.  WALTER: 

Chaplain  . 

ALLEN,  HON.  HENRY  J. : 

Address  . 

Invitation  to  address  Convention . 


PAGE. 


.  . .  .  373 
.  .  .  .  361 
.  .  .  .  355 
.  .  .  .  372 
196,  295 
.15,  166 


138 


130 

126 


ANTI-SALOON  LEAGUE: 

Protest  against .  488 

APPEAL : 

From  decision  of  Chair .  crk 


APPOINTMENT : 
Elective  offices  . . 

APPORTIONMENT : 


Committee  reports : 

Legislative  Department  .  366 

Majority  and  two  minority  reports  on  sections  6,  7  and  8 . .’  209 

General  Assembly  .  737 

Senatorial  and  Representative  Distircts .  .  .  25,  87,  128,  141,’  189,’  '237,'  293,'  *336’  350 

Separate  submission  of  alternative  proposition . 276  277 

Substitute  for  section  6 . '....’  490 


APPROPRIATIONS  : 

Budget  system . 

Prohibiting  the  appropriation  from 

ARMISTICE  DAY: 

Exercises  . 

ATHLETICS  : 

Athletic  exhibitions  . 

Prohibiting  wrestling  contests . 

Regulate  boxing  contests . 


. 236,  305 

any  public  fund  in  aid  of  any  church _  200 

. .  249 


98 

75 

74 


ATTORNEY  GENERAL: 


Communication  . 

AUDITOR  OF  PUBLIC  ACCOUNTS: 

Additional  duties  . . 

BALDWIN,  PERCIVAL  G.  : 

Present  and  oath . 

Absent  . *  [  *  ’ 

Committees,  standing : 

Corporations  and  Cooperative  Associations . 

Industrial  Affairs  and  Labor . 

Legislative  Department  . .  [ . 

Proposal  introduced — General  Assembly,  Pro.  228. 

BANKS  AND  BANKING: 


291 


204 


2,  7 
113 

40 

41 
41 


Liability  of  banks . 

Prohibiting  operating  business  under  foreign  name 

No  State  banks  to  be  hereafter  created . 

Referendum  on  banking  legislation . . 

BARR,  GEORGE  A. : 


. . . .  292 
.  .  .  .  155 
.  .  .  .  156 
173,  319 


*>  7 

64,  287 


Present  and  oath . 

Absent  . . 

Committees,  standing:  . 

Phraseology  and  Style .  41 

Revenue,  Taxation  and  Finance . ! .  41 

Legislative  Department  .  ioi 

Submission  and  Address . .  .  ‘ .  ^27 

Committee,  special  . 7 

to  attend  funeral  of  Edward  C.  Curtis . ’  7~" .  iie 

to  attend  funeral  of  Mrs.  Small . 816 

to  attend  funeral  of  J.  Mack  Tanner .  !  567 

Proposals  introduced — Bonds  for  Hard  Roads,  Pro.  *269  ;'  Courts]  Pro  324  • 
Pros01| 5?e 2 R>al  R'  R-’  Pr°'  256  ’  Sch0ols-  Pros?-  255,  271„  307  ;  Taxation’, 
Resolution  offered  . ‘  ~ 


INDEX. 


925 


PAGE. 

BARTHOLOMEW,  REV.  A.  W. : 

Chaplain  .  536,  540,  549 

BARTON,  REV.  WILLIAM  E. : 

Chaplain  .  149 


BECKMAN,  WILLIAM  H. : 

Present  and  oath . 3,  7 

Committees,  standing-: 

Chairman,  Committee  on  Military  Affairs .  41 

Education  .  40 

Corporations  and  Cooperative  Associations .  40 

Committee,  special  .  26 

Election  contest  . 35,  164,  165 

Petitions  presented  . 208,  227 


Proposals  introduced — Home  Rule,  Pros.  21,  22  ;  Initiative  and  Referendum, 
Pro.  313  ;  Military  System,  Pro.  234. 


BENNETT,  REV.  W.  E. : 
Chaplain  . 


237 


BERGEN,  REV.  ABRAM  G. : 
Chaplain  . 


243,  255,  256,  257,  259,  294 


BILL  OP  RIGHTS  : 

Application  of  laws  without  regard  to  race  or  color,  Pro.  136  ;  Bill  of  Rights, 
Pros.  4,  376  ;  removal  of  snow  and  ice  from  sidewalks,  Pro.  382, 

Committee  report  in  regard  to  political  freedom,  Pro.  129  ;  relative  to  Pre¬ 


amble,  Pro.  375, 

Amendments  in  Committee  of  the  Whole .  817 

Article  I,  proposed  Constitution .  786 

As  delivered  to  the  Secretary  of  State .  877 


BONDS : 

Encourage  the  building  of  homes  and  buying  of  lands  by  citizens,  Pro.  284. 

For  the  construction  and  repair  of  hard  roads  and  for  the  completion  of  any 
waterway  under  construction,  Pro.  269. 

BOUNDARIES : 

Committee  report  .  469 

Committee  report  on  miscellaneous  subjects  concerning  State  boundaries, 

Pro.  357. 

Concerning  jurisdiction  over  Ohio  River  and  other  waters  constituting  part 
of  State  boundary,  Pro.  3. 

Relative  to  the  boundaries  of  the  State,  Pro.  220. 

Report  No.  5,  Phraseology  and  Style,  tabled .  531 


BOXING: 

See  Athletics. 


BOYNTON,  REV.  M.  P. : 
Chaplaip  . 


246,  247,  249,  251,  254 


BRANDON,  RODNEY  H.  : 

Present  and  oath . 2,  7 

Absent  .  69 

Committees,  standing: 

Education,  Chairman  . 40 

Miscellaneous  Subjects  .  41 

Municipal  Government  .  41 

Submission  and  Address .  727 

Petitions  presented  .  227 


Special  committee  to  supervise  correcting  and  printing  of  Convention  debates  128 
Proposals  introduced — Education,  Pros.  258,  259. 


BRENHOLT,  JOHN  J.  JR. : 

Present  and  oath . 3,  7 

Absent  . : .  7  80 

Arrangements  for  celebration  of  the  birthday  of  Abraham  Lincoln .  42 

Committees,  standing : 

Corporations  and  Cooperative  Associations .  41 

Industrial  Affairs  and  Labor .  41 

Revenue,  Taxation  and  Finance .  41 

Petitions  presented  . 194,  206,  217,  221,  227 

Proposals  introduced — County  Officers,  Pro.  187  ;  General  Assembly,  Pro. 

221  ;  Judicial  System,  Pro.  222  ;  Taxation,  Pro.  302  ;  County  Assessor,  Pro. 

303  ;  Permitting  the  establishment  of  office  of  Public  Defender,  Pro.  304. 


926 


INDEX. 


BREWSTER,  EDWARD  H.  : 

Present  and  oath . 

Absent  . 

Committees,  standing : 

Distinction  Between  Constitutional  and  Legislative  Subjects 

Executive  Department  . . 

Phraseology  and  Style . 

Death  of  mother . [ 

Petitions  presented  . . 

BREWSTER,  MRS.  EDWARD  H.  : 

Death  of . 


PAGB. 

. 3,  7 

55,  64,  610 

.  40 

.  40 

.  284 

.  64 

.  .  .225,  227 

.  71 


BRIGGS,  REV.  CHARLES  A.  : 

Chaplain  . 462,  455 

BROWN,  REV.  J.  BRAIXARD  : 

Chaplain  .  566 

BROWN,  REV.  J.  C.  : 

Chaplain  . 568)  588,  603,  629 

BROWNING,  REV.  A.  E.  : 

Chaplain  .  01 


BRUNDAGE,  EDWARD  J. : 

Communication  .  291 

BRYAN,  WILLIAM  J. : 

Invitation  to  address  Convention .  126 

Address  . 128 

BUILDINGS  : 

Regulation  of  in  municipalities .  229 

BUILDING  REGULATION  : 

Authority  to  adopt .  229 

BURLINGTON,  LT.  COL.  JOHN  J.  : 

Nominated  for  temporary  Secretary .  4 

BURKE.  ROBERT  E.  : 

Election  contest  . 35,  164,  165 

BURNS,  JAMES  F.  : 

Votes  received  .  164 

BUTLER,  REV.  F.  D.  : 

Chaplain  .  225 

CANALS  AND  WATERWAYS  : 

Amendments  in  Committee  of  the  Whole .  823 

As  delivered  to  the  Secretary  of  State .  877 

Report  No.  23,  Phraseology  and  Style .  809 

Report  No.  13,  Phraseology  and  Style .  379 

CAREY,  ARCHIBALD  J.  : 

Present  and  oath . ' . 1,  7 

Committees,  standing : 

Bill  of  Rights .  40 

Education  .  40 

Industrial  Affairs  and  Labor .  41 

Proposal  introduced — Free  Schools,  Pro.  231. 

CARLSTROM,  OSCAR  E. : 

Present  and  oath . 3,  1 

Address  (Armistice  Day) .  251 

Address  (General  Grant’s  Anniversary) .  593 

Committees,  standing : 

Chicago  and  Cook  County .  40 

Initiative,  Referendum  and  Recall .  41 

Municipal  Government  .  41 

Committees,  special : 

To  request  Judge  to  administer  oath  of  office .  7 

To  attend  funeral  of  Mrs.  Small .  816 

To  attend  funeral  of  J.  Mack  Tanner .  567 

Petitions  presented  . * .  167 


INDEX. 


927 


PAGE. 


CARLSTROM,  OSCAR  E. — Concluded. 

Proposals  introduced— Preamble,  Pro.  2  ;  Boundaries  and  Jurisdiction,  Pro. 
3  •  Bill  of  Rights,  Pro.  4  ;  Separation  of  Government,  Pro.  5  ;  Create  Legis¬ 
lative  Department,  Pro.  6  ;  Judicial  Department,  Pro.  8  ;  Suffrage,  Pro.  9  ; 
Education,  Pro.  10  ;  Revenue  Article,  Pro.  11  ;  Counties,  Pro.  12  ;  Corpora¬ 
tions,  Pro.  13  ;  Militia,  Pro.  14  ;  Warehouses,  Pro.  15  ;  Amendments,  Pro. 
16;  Separate  Sections,  Pro.  17;  Schedule,  Pro.  18;  Preamble  and  Sections 
of  Constitution  of  1870,  Pro.  19;  Convict  Labor,  Pro.  46  ;  Canals,  Pro.  47  ; 
Railroads  and  Private  Corporations,  Pro.  48;  Illinois  Central  Railioad, 
Pro.  49  ;  Home  Rule,  Pro.  353. 

Resolution  offered  . 


CARROLL,  REV.  E.  T.  : 
Chaplain  . 


38 


516,  520,  530 


CARY,  CHARLES  D.  : 

Present  and  oath . 

Absent  . 

Pay  and  mileage . 

Committee,  special : 

To  attend  funeral  of  Mrs.  Small 


462 

508 

850 

860 


CATRON,  B.  L.  : 

Present  and  oath . 

Pay  and  mileage . 

Committee,  special : 

To  attend  funeral  of  J.  Mack  Tanner 


462 

850 

567 


CERTIFICATES  OF  ELECTION : 

Beckman,  Wm.  H.  and  Dupee,  E.  H 


164 


CHEW,  WILLIAM  H. : 

Present  and  oath . — ■  • 

Absent  . 

Committees,  standing: 

Chicago  and  Cook  County . 

Municipal  Government  . 

Public  Works  and  Improvements . . . 

Proposals  introduced — -Water  Power,  Pro.  267  ;  Public  Utilities,  Pro.  -68. 


3,  7 
276 

40 

41 
41 


CHICAGO  : 

Bond  issue  in  behalf  of  the  World’s  Columbus  Exposition . . 

City  of  . .  . . .  ■  . . .  •  • 

Consolidation  of  local  governments  having  jurisdiction  wholly  or  partly 

within  the  City  of  Chicago . 

Home  rule  . 


181 

804 

111 

59 


CHICAGO  AND  COOK  COUNTY: 

Committee  report,  Pro.  385 . . . .  •••  •  •  •  • 

Home  rule  for  municipalities  having  a  population  over  one  million,  Pros. 

21.  22. 

Joint  report  relative  to  home  rule,  Pro.  374. 

Report  No.  8,  Phraseology  and  Style . 

Report  No.  16,  Phraseology  and  Style . 


259 

649 

394 


CHILD  LABOR: 

Exempting  from  all  statutes  pertaining  to  child  labor  children  engaged  in 
theatrical  or  musical  performances,  Pro.  334. 


CHRISTIAN  COUNTY: 

Petitions  presented  . 

CITIES  AND  VILLAGES: 

Home  Rule  for  municipalities  having  a  population  over  one  million,  Pros. 

21,  22. 

Limitation  of  indebtedness,  Pros.  248,  249. 

Local  improvements,  Pro.  250. 

Municipal  subscription  to  railroads  or  private  corporations,  Pro.  48. 

Power  to  contract,  Pro.  94. 

Power  vested  over  township  by  city  councils,  Pro.  290. 

Public  utilities,  Pro.  78 . 

Regulate  boxing  contests,  Pro.  74. 

Removal  of  snow  and  ice  from  sidewalks,  Pro.  282. 

System  of  local  government  for  the  City  of  Chicago . 

Taxation,  Pro.  201. 

Water  and  light  systems,  Pro.  192. 


CITY  OF  QUINCY: 

Indebtedness  for  railroad  or  municipal  purposes,  Pro.  149. 


928 


INDEX. 


CLARKE,  ELAM  L. : 

Present  and  oath . 

Absent  . 

Committees,  standing : 

Chicago  and  Cook  County . 

Phraseology  and  Style . 

Phraseology  and  Style,  Chairman . 

Committee,  special : 

To  supervise  printing  of  Convention  debates 

Petitions  presented  . 

Proposal  introduced — Boundaries,  Pro.  220. 
Resolution  offered  . 

CLAY  COUNTY: 

Petitions,  presented  . 

COMMITTEES : 

Appointed  by  General  Assembly . 

COMMITTEES,  LEGISLATIVE : 

Term  of  appointment . 


PAGE. 

.  2,  7 
.  112 

.  40 
.  41 
.  284 

.  128 
.  227 

.  837 


202 


219 


219 


COMMITTEE  OF  THE  WHOLE: 

Report  on  Constitution  as  a  Unit .  817 

COMMITTEE  MEETINGS: 

Time  of  .  154 

COMMITTEE  REPORTS: 

Agriculture : 

Dminage,  Pro.  373  ;  Forestry,  Pro.  355  ;  Loans  on  Farm  Lands,  Pro.  361 ; 
Warehouses,  Pro.  372. 

Bill  of  Rights : 

Article  on,  Pro.  376;  Equal  Rights  of  Citizens  Without  Regard  to  Color, 

Pro.  136;  Political  Freedom  of  Citizens,  Pro.  129;  Preamble,  Pro.  375; 
Removal  of  Ice  and  Snow  From  Sidewalks,  Pro.  282. 

Chicago  and  Cook  County,  Pro.  385. 

Corporations  and  Cooperative  Associations : 

Majority  Report,  Pro.  364. 

Minority  Report,  Pro.  365. 

County  and  Township  Government : 

Majority  Report,  Pro.  362. 

Minority  Report,  Pro.  363. 

Distinction  between  Constitutional  and  Legislative  Subjects: 

Athletic  Exhibitions,  Pro.  98 .  161 

Boxing  Contests,  Pro.  74 . .  ...!!!.!  159 

Certain  Acts  by  Public  Officers,  Pro.  23 . .  . . !!!!!!!!!.’  162 

Charters  of  Benevolent  and  Fraternal  Societies,  Pro.  157 . 161 

Defining  Intoxicating  Liquors  and  Beverages,  Pro.  73 .  161 

Manufacture,  Sale  and  Distribution  of  Beer,  Pro.  77 .  161 

Manufacture,  Sale  and  Distribution  of  Beer,  Pro.  202 .  163 

Prevent  Polution  of  Lakes  and  Rivers,  Pro.  213 .  207 

Prohibiting  Options,  Pro.  224 .  163 

Public  Service,  Pro.  211 . . .  160 

Registering  Land  Titles,  Pro.  81 . ! !  207 

Relative  to  Selling  Price  of  Food  Commodities,  Pro.  258 .  164 

Removal  of  Ice  and  Snow  from  Sidewalks,  Pro.  282 .  160 

Taxation,  Pro.  186 .  163 

Warehouses,  Pro.  166 . ]  159 

Wrestling  Exhibitions,  Pro.  75 . • .  161 

Education  .  122 

Majority  Report,  Pro.  359. 

Minority  Report,  Pro.  360. 

Executive  Department : 

Article  on  Executive  Department,  Pro.  369. 

General  Assembly  may  provide  for  the  appointment  of  certain  Public  Offi¬ 
cers,  Pro.  370. 

Expenditures  and  Supplies : 

Pays  certain  sum  of  money  to  Ethel  M.  Sullivan .  64 

Industrial  Affairs  and  Labor .  290 

Initiative,  Referendum  and  Recall : 

Majority  Report,  Pro.  367. 

Minority  Report,  Pro.  368. 

Minority  Report,  Pro.  371. 

Proposal  No.  263. 

Joint  Committee  on  Municipal  Government  and  Chicago  and  Cook  County, 

Pro.  374. 

Judicial  Department : 

Proposal  No.  379. 

Sections  33  and  47,  Proposal  No.  383 .  284 


INDEX.  929 


PAGE. 

COMMITTEE  REPORTS — Concluded. 

Legislative  Department : 

Article  on,  Pro.  366. 

Sections  6,  7  and  8  of  Pro,  366 .  198 

Supplemental  report  on  sections  6  and  7,  Report  No.  12,  Phraseology  and 

Style  . 459 

Military  Affairs  .  117 

Militia,  Pro.  339. 

Miscellaneous  Subjects : 

Article  3  of  the  Constitution  of  1870,  Pro.  358. 

State  Boundaries,  Pro.  357 .  244 

Of  the  Whole : 

Future  Amendment  of  the  Constitution .  727 

Industrial  Affairs  and  Labor . . .  752 

Revenue  .  503 

Schedule  . . 739,  740,  747 

Submission  and  Address .  774 

Revised  Constitution  as  a  Unit .  817 

Phraseology  and  Style : 

Distribution  of  Powers,  Report  No.  3 .  268 

Future  Amendments,  Report  No.  20 . 728 

Bill  of  Rights,  Report  No.  9 .  321 

Boundaries,  Report  No.  5 . 469 

Canals  and  Waterways,  Report  No.  13 .  379 

City  of  Chicago,  Report  No.  8 . 301,  556,  649 

Cook  County,  Report  No.  16 .  394 

Corporations,  Report  No.  7 . 294,  477 

Counties,  Report  No,  17 . •  • .  399 

Education,  Report  No.  4 .  463 

Executive  Department,  Report  No.  19 . .  430 

Judicial  Department,  Report  No.  18 .  409 

Labor,  Report  No.  22 . .  773 

Lands  Credits,  Report  No.  14 .  384 

Legislative  Department,  Report  No.  12 . . 342,  590 

Preamble,  Report  No.  10 .  333 

Revenue,  Report  No.  11 . 334 

Schedule,  Report  No.  21 .  755 

Submission  and  Address,  Report  No.  23 . 775,  785 

Zoning,  Report  No.  15 . .  387 

Constitution  as  a  Whole,  Report  No.  24 .  785 

Public  Works  and  Improvements : 

Canals  and  Waterways,  Pro.  354. 

Illinois  Waterway,  Pro.  377. 

Qualification  and  Elections  of  Delegates .  462 

Election  contest,  31st  District .  164 

Revenue,  Taxation  and  Finance .  274 

Majority  Report,  Pro.  378. 

Minority  Report,  Pros.  380,  381,  384. 

Report  of  Special  Committee . 520 

Substitute  for  section  1,  Pro.  378 .  251 

R,ules  and  Procedure . Pages  9,  41,  42,  61,  62, 

70,  96,  119,  122,  126,  128,  131,  140,  142,  143,  151,  154,  156,  167,  179,  184, 

194,  197,  201,  211,  213,  218,  223,  232,  243,  247,  249,  273,  460,  487,  494,  507,  632 

Schedule,  Pro.  297 . 264 

Majority  Report  . 733 

Minority  Report  .  737 

Suffrage : 

Article  on,  Pro.  351. 

COMMITTEES,  SPECIAL: 

To  attend  funeral  of  Hon.  Michael  F.  Sullivan .  26 

To  conduct  Temporary  President  to  chair .  4 

To  conduct  President  to  chair .  8 

To  edit  the  proceedings  of  the  Convention .  133 

To  attend  funeral  of  J.  Mack  Tanner .  567 

To  attend  funeral  of  Mrs.  Len  Small .  816 

To  adjust  differences  on  Revenue .  501 

To  correct  last  three  Journals . 726,  922 

COMMITTEES,  STANDING  : 

Appointment  . 9,  27,  40,  41,  727 

Resolutions  offered  . 31,  38 

COMMUNICATIONS  : 

William  E.  Trautmann .  828 

From  Attorney  General  . •  . .  291 

COMPENSATION  : 

Delegates  . 57,  58,  59 

Employees  .  27 

Ethel  M.  Sullivan . 64 

—59  C  J 


930 


INDEX. 


CONKLING,  CLINTON  L.  : 

Present  and  oath . 

Absent  . 

Committees,  standing : 
Judicial  Department  .  . 

Committee,  special . 

Death  of  . 


PAGE. 

.3,  7 

40,  113 

.  .  .  41 

7 

.  .  .  2146 


CONN,  REV.  DAVID  McMEEKIN : 

Chaplain  .  196 

CONSTITUTION  : 

Amendments  to  the  Federal  Constitution,  Pros.  142,  215. 

Amendments  to  the  Constitution,  Pros.  90,  93,  210,  280. 

Conventions,  Pro.  242. 

Election  of  Delegates  to  future  Constitutional  Conventions,  Pro.  242. 

Submission,  Pros.  58,  286. 

Address  on  provisions  of . .  v  007 

Adoption  . . . . o^u,  oo  • 

As  delivered  to  the  Secretary  of  State .  877 

Distribution  of  bound  copies . . . .  80O 

Letter  forwarding  Constitution  to  the  Secretary  cf  State  and  ancknowledge- 

ment  thereof . * .  91b 

Notice  to  reconsider  passage  of . 

Passage  on  third  reading . . . 

Phraseology  and  Style,  Report  No.  24 . 

Printing  and  distribution  of . 

Signing  of . ^ 

Amendments  to . 


CONTINGENT  EXPENSES  : 

Pay  and  mileage  of  newly  elected  Delegates . 

Report  of  . 

CONVICT  LABOR: 

Permit  convict  labor  in  construction  of  State  Public  Highways,  Pro.  345. 
Repealing  separate  section  of  present  Constitution  relating  to  convict  labor, 

Pro.  165. 


COOK  COUNTY: 

Representation  in  the  General  Assembly 


199,  200,  209 


COOLLEY,  E.  B.  :  2  7 

Present  and  oath. .  ’ 

Committees,  standing  :  4n 

Bill  of  Rights . 

Military  Affairs  .  4| 

Miscellaneous  Subjects  . . 

Committee,  special : 

To  attend  funeral  of  Edward  C.  Curtis . 

To  attend  funeral  of  Mrs.  Small . 

Proposal  introduced — Amendments  to  the  Constitution  of  the  United  States, 

Pro.  142. 


CORCORAN,  EDWARD  J.  : 

Present  and  oath . 

Absent  . . . 

Committees,  standing : 

Education  . ••••••••• 

Initiative,  Referendum  and  Recall.... 

Municipal  Government  . 

Committee,  special  . . 

Petitions  presented  . •  •  •  • 

Proposal  introduced — Cook  County,  Pro. 


330. 


40 

41 
41 
26 

224 


CORLETT,  EDWARD:  3  7 

Present  and  oath . ‘ . il3  287,  461 

Absent  . . . . 

Committees,  standing :  .  40 

Distinctioi?  between  Constitutional  and  Legislative  Subjects .  41 

Future  Amendment  of  the  Constitution.  ...  •  •  •  •  •  •  ■  . ]  ‘  '  [  H6 

Special  Committee  to  Attend  Funeral  of  Edward  C.  Durtis . .  .  .  .  .202,  208 

Proposals^irftrctd^jced— Education,  Pro.  'l39  bepanment'of  Trades  'and  Reg*: 

tration,  Pro.  140;  Courts,  Pro.  36;  Representatives,  Pro.  37.  # 

Resolution  offered  . 


INDEX. 


931 


CORPORATIONS,  MUNICIPAL : 

Assessment  and  collection  of  taxes,  Pro.  160,  161. 


PAGE. 


CORPORATIONS  : 

Committee  Report,  No.  6,  Phraseology  and  Style .  477 

Cumulative  voting  for  directors,  Pro.  174. 

Defines  relationship  between  State  powers  and  the  powers  of  municipalities 
in  certain  cases.  Pro.  263. 

General  Assembly  to  pass  law  regulating  public  service  corporations,  Pro.  30. 

Grand  lodges  of  benevolent,  fraternal  and  charitable  organizations  shall  be 
bodies  corporate,  Pro.  157. 

Home  rule  for  municipal  corporations.  Pro.  153. 

May  regulate,  own,  operate  and  control  all  local  public  utilities,  Pro.  268. 

Power  of  municipalities  over  municipal  corporations,  Pro.  22. 

Power  of  contract,  Pro.  94. 

Prevention  of  discrimination  and  extortion  in  railroad  rates,  Pro.  167. 

Prevention  of  fraudulent  security  issues  by  railroad  corporations,  Pro.  168. 

Protect  the  rights  of  minority  stockholders,  Pro.  312. 

Railroad  offices,  records  and  reports,  Pro.  172. 

Referendum  on  Banking  legislation,  Pro.  173. 

Regulating  collective  bargaining,  Pro.  206. 

Regulation  of  rates,  charges  and  practices  of  common  carriers  and  other 
public  utilities,  Pros.  169,  245. 

Relating  to  indebtedness,  Pro.  82. 

Residence  requirements  of  railroad  directors  and  to  railroad  consolidations. 

Pro.  170. 

Rolling  stock  of  railroad  to  be  considered  personal  property  for  purposes  of 
execution  and  sale,  Pro.  171. 

Retains  article  11  of  present  Constitution  as  part  of  proposed  Constitution, 

Pro.  13. 

Retains  separate  section  of  the  present  Constitution  entitled,  "Municipal  Sub¬ 
scription  to  Railroads  or  Private  Corporations”  as  a  part  of  the  proposed 
Constitution,  Pro.  48. 

COUNTIES  : 

Additional  judges  for  County  Courts  with  justice  of  the  peace  always  in  ses¬ 
sion,  Pro.  116. 

Appointment  of  county  clerks  and  coroners  by  the  board  of  county  commis¬ 
sioners,  Pro.  126. 

Assessor,  Pro.  303. 

Assessment  of  taxes,  Pro.  186. 

Boards  to  fix  fees  of  all  clerks  of  the  Circuit  and  County  Courts,  Pro.  212. 

Collector  of  taxes,  Pro.  223. 

Commissioners,  Pros.  59,  178,  179. 

Compensation  of  county  officers.  Pros.  65,  95,  127,  145,  175,  176,  1S7. 

Consolidation  of  local  government  in  Cook  County,  Pros.  159,  330. 

Defining  counties,  Pro.  150. 

Establishes  a  Probate  Court  in  counties  of  20,000  population  and  over,  Pro. 

117. 

Having  a  population  of  more  than  1,000,000  may  abolish  pai’ks  and  other 
municipalities  within  their  limits  and  assume  the  functions  and  debts, 

Pro.  296. 

Levy  taxes  for  public  libraries,  Pro.  62. 

Limitation  of  indebtedness,  Pro.  248. 

Local  road  and  bridge  administration,  Pro.  309. 

Officers,  Pros.  125,  177,  186,  233. 

Public  defender,  Pro.  304. 

Requiring  settlements  with  proper  authorities  by  persons  charged  with  duties 
of  collecting  county  and  local  taxes,  Pro.  110.  . 

Representation  in  General  Assembly,  Pros.  199,  200. 

Retains  certain  sections  of  article  10  of  the  Constitution  of  1870  as  part  of 
proposed  Constitution,  Pro.  12. 

Sheriffs  and  county  treasurers  may  succeed  themselves  in  office,  Pros.  41,  45, 

52,  64. 

State  supervision  of  county  affairs,  Pro.  83. 

Superintendent  of  schools,  Pros.  130,  182,  255. 

System  of  county  government,  Pros.  158,  310. 

Taxes  for  road  and  bridge  purposes  to  be  levied  by  county  boards,  Pro.  162. 


Tax  rate.  Pro.  308. 

Township  organization,  Pros.  60,  180. 

Article  VIII,  proposed  Constitution .  802 

Report  No.  17,  Phraseology  and  Style . . .  399 


COUNTY  AND  TOWNSHIP  GOVERNMENT: 

Majority  Report  of  Committee,  Pro.  362. 
Minority  Report  of  Committee,  Pro.  363. 


932 


INDEX. 


COURTS  : 


PAGE. 


Abolition  of  Appellate,  Circuit,  County  and  City  Courts  and  justices  of  the 
peace,  Pro.  29. 

Adjustment  of  labor  disputes,  Pro.  207. 

All  courts  of  the  State  shall  be  always  open  for  the  transaction  of  business, 
Pro.  39. 

Appeals  in  bailable  criminal  cases,  Pro.  218. 

Authorizing  verdicts  in  civil  cases  by  less  than  an  unanimous  jury,  Pro.  86. 
Election  of  judges  shall  be  non-partisan,  Pro.  314. 

Empowers  General  -  Assembly  to  provide  for  appeals,  writs  of  error  and 
methods  of  review  of  decisions  of  courts,  Pro.  276. 

Filling  of  vacancies  by  appointment,  Pro.  51. 

General  rule  of  pleading,  practice  and  procedure,  Pro.  277. 

Judicial  Department,  Pros.  144,  188,  324. 

Judicial  system,  Pros.  56,  132,  222,  294. 

Judicial  powers  vested  in  the  courts,  Pro.  89. 

Judges  of  the  Criminal  Court  of  Cook  County,  Pro.  273. 

No  limit  to  amount  of  damages  that  may  be  recovered  in  any  cause  of  action 
based  on  personal  injuries  resulting  in  death,  Pro.  321. 

Qualification  of  judges  of  inferior  courts,  Pro.  67. 

Removal  of  judges  or  officers  of  court  from  office,  Pro.  279. 

Rights  of  persons  accused  of  crime,  Pro.  217. 

Right  of  trial  by  Jury,  Pros.  97,.  226. 

Self  crimination,  Pro.  225. 

Specifies  certain  courts  as  part  of  the  Judicial  Department,  Pro.  272. 
Taking  of  testimony  in  equity  cases,  Pro.  146. 

Defining  the  court  and  election  of  judges,  Pro.  91,  105. 

Additional  judges,  Pro.  116. 

Creating  an  Industrial  Court,  Pros.  26,  197. 


COURTS,  APPELLATE: 

Abolishing  Appellate  Courts,-  Pro.  100. 

Appoint  of  Judges,  Pro.  274. 

Establishing  the  Appellate  Court,  Pros.  317,  325. 

Judiciary  Department  and  the  Appellate  Court,  Pro.  38. 

Re-hearings  in  the  Appellate  Courts,  Pro.  123. 

Setting  aside  of  a  judgment  or  decree  of  the  Supreme  or  Appellate  Courts, 
Pro.  40. 


COURTS,  COUNTY: 

Defines  County  Courts,  Pro.  115.  _  ,  ,  .  -  ,,- 

Fees  of  clerks  of  the  Circuit  and  County  Courts  to  be  fixed  by  county  boards, 

Pro-  212-  ^ 

Judges  of  County  Courts  and  their  compensation,  Pro.  152. 

Jurisdiction  of  County  Courts  also  fixes  compensation  of  county  judges,  Pro. 

124. 

COURTS,  CIRCUIT: 

Appointment  of  circuit  judges  by  the  Governor,  Pro.  138. 

Defining  Circuit  Courts,  Pro.  151.  .  ^  ..  ~  ~  „  0,- 

Establishment  of  a  domestic  relations  branch  of  the  Circuit  Court,  Pro.  331. 

Fees  of  clerks  of  the  Circuit  and  County  Courts  to  be  fixed  by  county  boards, 

Pro  212. 

Holding  of  court  in  cities  having  a  population  of  5,000  or  more,  Pro.  104. 
Jurisdiction  heretofore  exercised  by  Master  in  Chancery  to  be  exercised  by 
Circuit  Court,  Pro.  278. 

COURTS,  PROBATE: 

Defines  Probate  Courts,  Pro.  115. 

Establishes  a  court  in  counties  of  20.000  population  and  over  Pro.  117. 

Investing  the  Probate  Court  with  chancery  jurisdiction,  Pro.  36. 

COURTS,  SUPREME: 

Performance  of  duties  imposed  by  the  Constitution,  Pio.  199. 

Powers  and  duties  over  other  courts,  Pro.  275 
Power  to  declare  a  law  unconstitutional  Pro  14 1. 

Relative  to  the  Supreme  Court,  Pros.  26,  68,  102. 

Setting  aside  of  a  judgment  or  decree  of  the  Supreme  or  Appellate  Courts, 

Pro.  40. 

CRUDEN,  WILLIAM  H. : 

Present  and  oath . 

Committees,  standing : 

Chairman  Committee  on  Suffrage. .  4q 

Agriculture .  41 

Military  Affairs  . ic"onfi'ViY  99 7 

Petitions  presented  . . . .  ..  ..3o,  208,  . 

Proposals  introduced— Sheriffs  and  Treasurers,  Pro.  41;  State  Treasurer 
Pro  42-  Taxation  Pro.  43;  Suffrage,  Pro.  53;  Taxation,  Pro.  54  ;  City  of 
Chicago’,  Pro.  55;  Officers  in  Cook  County,  Pro.  95;  Income  Tax  of 
Bachelors,  Pro.  109  ;  Suffrage,  Pro.  281  ;  Removal  of  snow  and  ice  from 
sidewalks,  Pro.  282. 


INDEX. 


933 


CURTIS,  EDWARD  C. : 

Present  and  oath . 

Absent  . . .’!!!!!.!!..!. . 

Committees,  standing1:  . 

Chairman  Committee  on  Legislative  Department.  . . 

Schedule  . ’.!*.!!!! . 

Rules  and  Procedure . ’.!!!!.’!.’!.’!’ 

Committee,  special  . 

Death  of . ..!!!!!!.!..!! . 

Proposal  introduced — Exemption  of  bonds  ’  and  other  ’  indebtedness 
State  from  taxation,  Pro.  114. 


PAGE, 


. 2,  7 

.  84 

.  41 

.  41 

.  9 

.  8 

.  115 

of  the 


CUTTING,  CHARLES  S. : 

Present  and  oath .  2  ? 

Committees,  standing1:  . 

Executive  Department  .  ,  4n 

Judicial  Department  . !.*!!!! .  4V 

Committee,  special  . ...!.! .  ! !  ! ! .  !....!!!  ! . 

Proposals  introduced— County  and  Probate  Courts,  Pro.  116  ;’  Probate  Courts', 

Pro.  117  ,  Judicial  Department,  Pro.  188  ;  Apportionment  and  Representa- 

90°^:  ?r°:  .18.9  :  Bill  ?f  .  pro-  229  ;  Initiative  and  Referendum,  Pro. 

230,  Judicial  and  School  Candidates,  Pro.  314. 

Protest  offered  . . .  4gg 

CUTTING,  MRS.  CHARLES  S. : 

Death  of .  262 


DAVIS,  ABEL: 

Present  and  oath . 

Absent  . ..!!.!!!!!!!!!!!!!!!!! 

Address  (Armistice  Day) . 7.  ! 

Address,  General  Grant’s  Anniversary . 

Committees,  standing1: 

Bill  of  Rights . . 

Military  Affairs  . 

Revenue,  Taxation  and  Finance . 

Submission  and  Address . 

Committee,  special  . 

Proposal  introduced — In  relation  to  Juries,’  Pro  217’ 
Resolutions  offered  . 


2,  7 
210 
251 
593 

40 

41 
41 

727 

26 

849 


DAWES,  RUFUS  C. : 

Present  and  oath .  9  „ 

Absent  . ’...7.7.7. . .’. . inV  91  n 

Committees,  standing:  ZiU 

Bill  of  Rights .  4n 

Corporations  and  Cooperative  Associations!  40 

Revenue,  Taxation  and  Finance .  4i 

Petitions  presented  . !!.!!!.”.!!!’!!’”* 214 ’  VoV  997 

PlproSa518  introduced — Public  Officers,  Pro.  243;  Revenue,  Pro.  244  ;  Suffrage! 


DELEGATES  : 

Pay  and  mileage  allowance 


57 


DEMOCRATIC  CONVENTION : 

Delegates  excused  . 

DeVOL,  REV.  FRANCIS  H. : 

Chaplain  . 

Deyoung,  Frederic  r.  : 

Present  and  oath . 

Absent  . 

Committees,  standing: 

Chairman  of  Committee  on  Judicial  Department 

Executive  Department  . 

Petitions  presented  . 


.  211 

503,  507,  514 


. 2,  7 

.  225 

.  41 

.  40 

198,  206,  208,  227 


DIETZ,  CYRUS  E.  : 

Present  and  oath . 

Absent  . 

Committees,  standing: 

Chairman  Committee  on  Distinction 

tive  Subjects  . . 

Executive  . 


3  7 
52,’  55*  486 


Between  Constitutional  and  Legisla- 


40 

40 


934 


INDEX. 


S 

PAGE. 

DOVE,  F.  R. : 

Present  and  oath. . 6>  * 

Committees,  standing:  .  .  _  .  ,  41 

Chairman  Committee  on  Initiative,  Referendum  and  Recall . 

Agriculture . . . 

County  and  Township  Government . 

^°Arrarigernents  for  celebration  of  the  birthday  of  Abraham  Lincoln .  42 

Nominates  Lieut.  Col.  John  J.  Bullington  for  temporary  Secretary .  ^ 

Prop  os  a  1  s^  introduce  d— A  pp  el  late*  '  Court,*  '  Pro'.  **317*;* '  Concerning*  *th*j  ‘Refer! 
endum,  Pro.  318  ;  Corporations  and  Associations  with  Bax}^10n.^-DP°^-er’ 

Pro  319;  Exempting  Certain  Real  Estate  from  Taxes,  Pro.  It  3  ;  Reading 
of  the  Bible  in  Schools,  Pro.  84;  Strikes,  Lockouts  and  Industrial  lffer- 
ences,  Pro.  203  ;  Suffrage,  Pro.  204;  Literacy  Test  for  \  oters,  Pro.  20o  , 
Taxes,  Pro.  44. 

DRAINAGE:  0ifi 

Agricultural,  mining  and  sanitary  purposes .  919 

Power  to  create  laws  pertaining  to . 

DRYER,  JOHN  L.  :  3  ? 

Present  and  oath . . .  69.’  11*3.  538 

Absent  . .  .  .  . . 

C °Di^tJnctio n"  R etween  Constitutional  and  Legislative  Subjects .  40 

Judicial  Department  . 

C°Toms  viper  vise  Correcting  and  printing  of  Convention  debates..............  128 

P?owsTls  Produced— ' Compelling  Voters'  to  Exercise' the  Right ‘of  Suffrage, 

P?o  291  ■  Compensation  of  Employees  Injured  in  Course  of  Employment, 

Pro.  107  ;  Fees  of  Clerks  of  Record,  Pro.  212. 

DUNLAP,  HENRY  M.  :  2  7 

Present  and  oath . 

Committees,  standing:  y  40 

Chairman  Committee  on  Agriculture .  40 

Education  .  41 

Legislative  . . . 

Committee,  special:  116 

To  attend  funeral  of  Edward  C.  Curtis . . .  ‘  -g^ 

Pro^posals^ntroduced—Levying^o^Taxes,  Pro.  343  ;  Education^  Pro.  61  ;  Roads 

and  Bridges,  Pro.  323  ;  Suffrage,  Pro.  20  ;  Taxation,  Pro.  6_. 

DUPEE,  EUGENE  H.  :  3  ? 

Present  and  oath . « .  113 

Absent  . . . 35.  164,  165 

Election  contest  . 

Committees,  standing:  41 

Phraseology  and  Style .  41 

Revenue,  Taxation  and  Finance .  26 

Committee,  special  . —  •  .  816 

To  attend  funeral  of  Mrs.  Small.  .  •  •••••. - -  •  •  •  •  •  •  ••  •  ■  *  ;  \  V  ‘  V47  ’  ‘  254  • 

Proposals  introduced— Excess  Condeyyr  '0npr^r°i22  24G,  251  ;  "indebted: 

^ SSESKSi  Co?pora'tions;  Pr_os  24f;  249  ; 'Local  Improvements  Prm 

250  :  Property  needed  for  Public  Use,  Pro.  251  ,  Authority  an 
lay  out  a  City,  Pro.  253. 

DUPUY,  GEORGE  A.  :  3  7 

Present  and  oath . .  ....  .113,  254 

Absent  . 

Committees,  standing :  41 

Chairman  Committee  on  Schedule .  41 

Judicial  Department  . 41 

Initiative,  Referendum  and  Recall . 1  4  227 

Proposa1sPintroduced— Commission  on  Eda^tiin:.  P™-’ ?' 

Amendments  to  the  Constitution,  Pio.  _1d  ,  Rights  o  P 

Prohibit  Strikes.  Pro.  216.  262  724 

Resolutions  offered  . 

EDUCATION:  ,  „  .  T  . 

Commissioner  of  Education  to  replace  the  Superintendent  of  Public  Instruc¬ 
tion,  Pro.  259. 

Common  school  system,  Pros.  27,  131. 

Creates  a  Commission  of  Education,  Pro.  214. 

Election  of  school  officers,  Pro.  314. 


INDEX. 


935 


EDUCATION — Concluded. 


PAGE. 


To  establish  a  Department  of  Professional  Education,  Pro.  139. 

Education  of  children  engaged  in  theatrical  or  musical  performances,  Pro.  334. 
Non-sectarian  reading  of  the  Bible  in  the  public  schools,  Pros.  84,  239,  307 
348,  349. 

Prohibiting  the  appropriating  from  any  public  fund  in  aid  of  any  church. 
Pro.  200. 


Requires  that  all  instruction  shall  be  in  the  English  language,  Pros.  2  4, 
35,  238. 

Resolution  in  regard  to  teaching  the  Italian  language  in  the  public  schools. 
Pro.  121. 

Retains  Article  8  as  part  of  the  proposed  Constitution,  Pro.  10. 

System  of  physical  education  and  recreation  for  all  children,  Pro.  271. 
System  of  free  schools,  Pros.  231,  235^  238,  335. 


Committee  Report,  Phraseology  and  Style,  No.  4 .  463 

Article  X,  Constitution .  808 

As  delivered  to  the  Secretary  of  State .  905 


ELECTIONS  : 

Abolishing  cumulative  voting.  Pros.  25,  57,  80. 

Boards  of  county  commissioners,  Pro.  59. 

Compelling  citizens  to  vote.  Pros.  164,  198,  204. 

Extending  suffrage  to  absent  voters,  Pro.  88. 

Free  and  equal  elections,  Pro.  240. 

Judges  of  Appellate  Courts,  Pro.  105. 

Method  of  marking  ballots,  Pro.  315. 

Requiring  that  all  elections  shall  be  honest,  Pro.  31. 

Sheriffs  and  county  treasurers  may  succeed  themselves  in  office,  Pros.  41, 

45,  52,  64. 

State  Treasurer  shall  be  elected  for  four  years  and  at  the  same  time  as  other 
State  officers.  Pro.  42. 

Submission  of  proposed  Constitution,  Pro.  58. 

Suffrage  for  qualified  voters  in  military  service,  Pro.  28. 

Time  of  elections,  Pros.  180,  190,  186,  340. 

Election  Contest: 

Robert  E.  Burke  vs.  Wm.  H.  Beckman  and  Eugene  H.  Dupee .  35,  164,  165 

Special  election  to  fill  vacancies .  458 


ELTING,  PHILIP  E. : 

Present  and  oath .  ?  7 

Absent  . !!!.!!..!. .  flfii 

Committees,  standing:  ’  .  DD_L 

Bill  of  Rights . 

Corporations  and  Cooperative  Associations....!!!!! .  4n 

Schedule  .  . 

Petitions  presented  . . . ’141  iqfi 

Proposals  introduced — Judicial  Department,  Pro.  9 i';’  Re-hearing  in’  the’  A n- 
pelate  Court,  Pro  123;  County  Courts,  Pro.  124;  Revenue,  Pro.  227;  Same 

ffif'choffis  Pro  3T8  3a49  t0  C.orporations>  Pro-  347  >  Reading  of  the  Bible 


EMINENT  DOMAIN: 

Excess  condemnation,  Pros.  118,  119,  237,  254. 

In  general,  Pros.  120,  121. 

Zoning,  Pros.  122,  246,  251,  252,  253,  329. 

EMPLOYEES  OF  CONVENTION: 

President  to  appoint . 

Salaries  . ..!!!!!!!!!!!!.!! . 

EMPLOYEES,  STATE  : 

Providing  for  a  compensation  for  employees  injured  in  course  of  employment, 

EMPLOYMENT : 

Protection  of  miners,  Pro.  185. 

Public  employment  control.  Pro.  211. 

EWING,  REV.  F.  N. : 

Chaplain  . 

EXCESS  CONDEMNATION : 

See  Eminent  Domain. 

EXECUTIVE  DEPARTMENT  : 

Amendments  in  Committee  of  the  Whole . 

As  delivered  to  the  Secretary  of  State . 

Committee  Report,  No.  19,  Phraseology  and  Style... 

Creating  an  Executive  Department,  Pros.  316,  320. 

Distribution  of  powers,  Pro.  5. 

Relative  to  Article  5.  Executive  Department,  Pro.  7. 


»  .  819 
.  .  885 
..  430 


936 


INDEX. 


PAGE. 

EXPENDITURES  AND  SUPPLIES: 

Committee  Report  on  Resolution  No.  17 .  64 

Resolution  offered  . .  . .  64 

Report  of  committee .  851 

Report  by  President  on  vouchers  issued  since  September  12,  1922 .  917 

EXPENSES  : 

Committee  attending  funeral  of  Michael  F.  Sullivan . 119,  120 


FELONY : 

Court  to  conduct  inquiry,  Pro.  332. 


FERRIS,  REV.  J.  W. : 

Chaplain  .  182 

FIFER,  JOSEPH  W. : 

Present  and  oath . . 2,  7 

Absent  . 225,  287 

Committees,  standing : 

Chairman  Committee  on  Future  Amendment  to  Constitution .  41 

Legislative  Department  . 41 

Qualifications  and  Election  of  Delegates .  41 

Committee,  special .  4 

To  adjust  differences  on  Revenue .  501 

To  attend  funeral  of  Mrs.  Small .  816 

To  attend  funeral  of  J.  Mack  Tanner .  567 


FOOD  COMMODITIES: 

Prohibiting  the  fixing  or  establishing  of  the  purchasing  or  selling  price, 
Pro.  288. 


FORESTS : 

Preservation  and  taxation  of,  Pros.  140,  141,  355. 
FREE  SPEECH: 

Limits  the  right  of  free  speech,  Pro.  106. 


FROLE,  THOMAS  F. : 

Present  and  oath . 2,  7 

Committees,  standing : 

Industrial  Affairs  and  Labor .  41 

Initiative,  Referendum  and  Recall .  41 

Suffrage  . 41 

Committee,  special .  26 

Proposal  introduced — Preamble  of  the  Constitution,  Pro.  341. 

• 

FUTURE  AMENDMENT  OF  THE  CONSTITUTION: 

Committee  Report  .  643 

Report  of  Committee  of  the  Whole .  727 

Report  of  Committee  on  Phraseology  and  Style,  No.  23 .  728 


FYKE,  EDGAR  E.  : 

Present  and  oath . 

Committees,  standing : 

Chairman  Committee  on  Corporations  and  Cooperative  Associations . 

Industrial  Affairs  and  Labor . 

Revenue,  Taxation  and  Finance . 

Submission  and  Address . 

Committee,  special : 

To  attend  funeral  of  J.  Mack  Tanner . 

Petitions  presented  . 

Proposals  introduced — Banking,  Pro.  155  ;  State  Banks,  Pro.  156  ;  Corpora¬ 
tions,  Pro.  245  ;  Senatorial  Districts,  Pro.  128. 

Resolution  offered  . 


3,  7 

40 

41 
41 

727 

567 

190 


572 


GALE,  GEORGE  C.  : 

Present  and  oath . 

Absent  . 

Committees,  standing : 

Chairman  Committee  on  Revenue,  Taxation  and  Finance 

Qualifications  and  Election  of  Delegates . 

Rules  and  Procedure . 

Committee,  special : 

To  attend  the  funeral  of  Edward  C.  Curtis . 

Proposal  introduced — Roads  and  Bridges,  Pro.  162. 
Resolution  offered  . . 


3  7 

726,  740 

. .  .  .  41 

.  .  .  .  41 

,  .  .  .  9 

.  .  .  .  116 

. .  .8,  27 


INDEX. 


937 


GANSCHOW,  WILLIAM : 

Present  and  oath . 

Committees,  standing : 

Corporations  and  Cooperative  Associations 

County  and  Township  Government . 

Public  Works  and  Improvements . 

Submission  and  Address . 

Petitions  presented  . 


PAGE. 

.  3,  7 

.  40 
.  40 
.  41 
.  727 
.  198 


GARRETT,  BRUCE  H. : 

Present  and  oath . 

Committees,  standing: 

Chairman  Committee  on  Municipal  Government... 

Judicial  Department  . 

Petitions  presented  . 

Proposals  introduced — General  Assembly,  Pro.  163*: 
Exercise  the  Right  of  Franchise,  Pro.  164. 


Compelling  Citizens  to 


2,  7 

41 

41 

227 


GEE,  SYLVESTER  J. : 

Present  and  oath .  3  7 

Absent  . . .  co  Vo’  7 -i  <> 

Committees,  standing :  .  ’  ’  ** 

Agriculture  .  40 

Judicial  Department  . *  *  *  '  . .  .Y 

Municipal  Government  . !!!!!!!*.!! . ! .  41 

Committee,  special  . .  ...  .  .  . .  . .  7 

Petitions  presented  . [.**’’** .  214 

Proposal  introduced — Municipal  Ownership,  Pro.  192  Suffrage  ’  Pro *193  • 
Pardon  or  Parole,  Pro.  194;  Qualification  for  Holding  Office,  Pro*  195* 
Reclamation  of  Swamp  and  Overflowed  Land,  Pro.  196 


GENDER : 

Words  used  importing  Masculine  Gender  to  include  Feminine  Gender,  Pro. 


GENERAL  ASSEMBLY: 

Amendments  to  the  Federal  Constitution,  Pro.  215. 

Appointment  of  committees,  Pro.  212. 

Apportionment,  Pros.  25,  37,  98,  128,  141,  189,  237,  293,  350. 

Budget  System,  Pros.  236,  305. 

Laws  shall  take  effect.  Pros.  163,  221,  228. 

Members  of  the  General  Assembly,  Pro.  6. 

Methods  of  considering  amendments  to  the  Constitution  of  the  United  States 
Pro.  142.  ’ 

Performance  of  duties,  Pro.  199. 

Rights  and  powers  and  duties  of  Legislative  Committees,  Pro.  352. 

Special  legislation,  Pro.  143. 

Article  III,  Constitution .  7 37 

Provision  for  apportionment  of . !!..!!!..!!!!!.!!  491 

GILBERT,  G.  GALE: 

Present  and  oath .  3  7 

Absent  . .  .  .  '  ’55  581 

Committees,  standing :  . 

Executive  Department  .  40 

Future  Amendments  to  Constitution . 41 

Committee,  special : 

To  attend  funeral  of  J.  Mack  Tanner .  507 

Petitions  presented . .  632 

Proposals  introduced — Circuit  Court,  Pro.  104;  Election  of  Judges  of  the  Ap¬ 
pellate  Court,  Pro.  105  ;  Omitting  mention  of  Justices  of  the  Peace  Police 
Magistrate  and  Constables  as  Officers  in  the  Constitution  Pro  135  • 
Suffrage,  Pro.  88  ;  General  Assembly,  Pro.  89. 


GILMARTIN,  FATHER  CHARLES: 

Chaplain  . 

GOODYEAR,  A.  F. : 

Present  and  oath . 

Committees,  standing: 

Initiative,  Referendum  and  Recall . 

Judicial  Department  . 

Committees,  special : 

To  attend  funeral  of  Edward  C.  Curtis 

To  attend  funeral  of  Mrs.  Small . 

Petitions  presented  . 

Resolutions  offered  . 


73 


.  .  .  .  2,  7 

.  .  .  .  41 

. . . .  41 

.  .  .  .  116 
.  .  .  .  816 
218,  227 
115,  816 


938 


INDEX. 


GORMAN,  JOHN  J.  : 

Present  and  oath . 

Committees,  standing : 

Industrial  Affairs  and  Labor . 

Judicial  Department  . 

Schedule  . 

Committee,  special  . 

Report  of  committee  attending  funeral  of  Michael  F.  Sullivan 
Resolutions  offered  . 


PAGE. 

. ..  .  1,  7 

. . . .  41 

. . . .  41 

. . . .  41 

.  .  .  .  26 
119,  120 
.  .26,  57 


GRAIN : 

Inspection  of  . . .  215 

GRANT,  GENERAL  ULYSSES  S.  : 

Program  in  commemoration  of  One  Hundredth  Anniversary  of  birth .  593 

GRAY,  WILLIAM  S.  : 

Present  and  oath . . 7 

Committees,  standing : 

Agriculture  . .  •  • 

County  and  Township  Government .  ’U 

Education  .  ^0 

To  edit  Debates,  Chairman . •••••••••••••••••  ZJi 

Proposals  introduced — County  Superintendent  of  Schools,  Pro.  130  ;  County 
School  Systems,  Pro.  131;  Schedule  of  Constitution  of  1870,  Pro.  149; 
Sheriffs  and  County  Treasurer,  Pro.  64  ;  Sheriffs  and  County  Treasurer, 
Compensation,  Pro.  65. 

GREEN,  HENRY  I. : 

Present  and  oath . 2,  7 

Committees,  standing: 

Executive  Department  .  ’V 

Judicial  Department  . 

Submission  and  Address . 

Committee,  special  . . 

To  attend  funeral  of  Edward  C.  Curtis . 

Petitions  presented  . . . . . .  •  •  * 

Proposals  introduced — Political  Freedom  to  Citizens,  Pro.  129  ;  Budget  Sys¬ 
tem,  Pro.  305.  '  p 

Resolution  offered  . 


GOVERNMENT : 

Powers  and  form  of . 

As  delivered  to  the  Secretary  of  State 


787 

879 


GRUBB,  REV.  C.  B.  : 
Chaplain  . 


212 


HAMILL,  CHARLES  H.  : 

Present  and  oath . . . 

Address,  provisions  of  proposed  Constitution . 

Committees,  standing : 

Chairman  Committee  on  Phraseology’  and  Style . 

Future  Amendment  to  Constitution . 

Rules  and  Procedure . 

Submission  and  Address . 

Committee,  special  . 

To  adjust  differences  on  Revenue . 

President  pro  tem.,  presiding . 

Petitions  presented . . . •  •  •  •  •  •  •  •  •  •  •  •  •  •  ■ ;  •  •  • 

Proposals  introduced — Bond  Issue  by  City  of  Chicago,  Pro.  181  ;  Board  of 
Commissioners  for  Cook  County,  Pro.  17  8  ;  Board  of  Commissioners  for 
down  State,  Pro.  179  ;  County  Superintendent  of  Schools,  Pro.  182  ;  Com¬ 
pletion  of  State  Capitol,  Pro.  183;  County  Officers,  Pro.  175  ;  County  Officers, 
Pro.  176;  County  Officers,  Pro.  177;  Cumulative  Voting  for  Directors  of 
Corporations,  Pro.  174  ;  Homestead  and  Exemption  Laws,  Pro.  184  ;  Execu¬ 
tive  Department,  Pro.  316  ;  Convict  Labor,  Pro.  165  ;  Warehouses.  Pro. 
166;  Railroad  Rates.  Pro.  167;  Railroads,  Pro.  168;  Protection  of  Miners, 
Pro.  185;  Railroads,  Pro.  171;  Railroad  Service  and  Rates,  Pro.  169;  Rail¬ 
roads,  Pro.  170;  Railroad  Offices  Records  and  Reports,  Pro.  172;  Refer¬ 
endum  on  Banking  Legislation,  Pro.  173  ;  Township  Organization,  Pro.  180. 


3,  7 
838 

41 

41 

9 

727 

5 

501 

202 

227 


HASTINGS,  REV.  EDWARD  E.  : 
Chaplain  . 


121 


HEALTH : 

Authorizes  the  General  Assembly  to  enact  laws  to  safeguard  the  health  of 
the  people,  Pro.  300. 


INDEX. 


939 


HEICKE,  REV.  R.  H.  : 

Chaplain  . 

HELWIG,  REV.  H.  D.  : 

Chaplain  . 

HINES,  REV.  HERBERT: 

Chaplain  . . . 

HOGAN,  GEORGE  W.  : 

Present  and  oath . 

Absent  . 

Committees,  standing : 

County  and  Township  Government 

Executive  Department  . .... 

Municipal  Government  . 

Committee,  special  . ! 

HOLLENBECK,  WILLIAM  T. : 

Present  and  oath . 

Absent  . ’  *  ’  ‘  ‘ 

Committees,  standing : 

Agriculture  . 

Military  Affairs  . ...... 

Miscellaneous  Subjects  . !!..*!! . 

Committee,  special : 

To  attend  funeral  of  J.  Mack  Tanner . 

Petitions  presented . 

HOLIDAYS  : 

Election  . 

HOME  RULE  : 

Chicago,  Pros.  21,  22,  55,  159. 

Municipal  corporations,  Pro.  153. 

Municipalities,  Pros.  219,  246,  353. 
Municipalities  . 

HOMESTEAD  : 

Homestead  and  exemption  laws,  Pro.  184. 

Right  of  dower,  Pro.  333. 


PAGE. 
.  .  .  .  106 


.  .  .  Ill 


270,  272,  273,  275 


40 

40 

41. 

5 


•  .  3,  7 
.  .  603 

.  .  40 

•  .  41 

.  .  41 

.  .  567 

•  •  227 


180 


387 


HULL,  MORTON  D. : 


Present  and  oath . 

Absent  . . 

Committees,  standing: 

Chairman,  Committee  on  Chicago  and  Cook  County . 

Legislative  . ' 

Committee,  special : 

To  attend  funeral  of  Edward  C.  Curtis . 

Petitions  presented  . ’  ..."  * . 

Proposals  introduced— Executive  Department,  Pro.'  '320  ;’  State'  Official’s  ’  Pro 
283;  Future  Constitutional  Convention,  Pro.  210;  Taxation  Without  Rep¬ 
resentation,  Pro.  113  ;  Public  Employment,  Pro.  211. 


2,  7 
73 

40 

41 

116 

227 


IARUSSI,  MICHAEL: 

Present  and  oath . 

Absent  . 

Committees,  standing: 

Education  . 

Executive  Department  . . . . 

Industrial  Affairs  and  Labor . 

Committee,  special  . 

Resolution  offered  . 

Proposal  introduced — Cook  County  Bonds,  Pro.  260. 


2,  7 
’486’,  491 

.  .  .  .  40 

. . . .  41 

-  41 

,  . .  .  26 
...  121 


ILLINOIS  CENTRAL  RAILROAD: 

Moneys  derived  from  company,  Pros.  137,  256. 

No  release  of  charters  or  obligations .  191 

Retains  the  separate  section  of  present  Constitution  entitled  “Illinois  Central 
Railroad,’’  as  a  part  of  proposed  Constitution,  Pro.  49. 

INDUSTRIAL  COURTS: 

Address  by  Hon.  Henry  J.  Allen .  130 

Adjustment  of  disputes . 107,  216 

Creating  an  Industrial  Court .  197 

INDUSTRIAL  AFFAIRS  AND  LABOR: 

Report  of  Committee  of  the  Whole .  7  52 


940 


INDEX. 


PAGE. 

INDUSTRY : 

Regulating  strikes,  lockouts  and  industrial  differences,  Pro.  203. 

Rights  of  workmen,  Pro.  232. 

INITIATIVE,  REFERENDUM  AND  RECALL: 

Provides  for,  Pros.  133,  209,  230,  313. 

Referendum  on  banking  legislation,  Pro.  319. 

Separate  submission  to  the  electors  of  the  Initiative  and  Referendum  pro¬ 
visions  of  the  proposed  Constitution,  Pro.  134. 

Suspension  of  measures  submitted  to  a  referendum  vote,  Pro.  318. 

Committee  report,  Pro.  379. 

INSURANCE : 

State  or  other  system  of  insurance  against  illness,  old  age  and  unemploy¬ 
ment,  Pro.  287. 


IRELAND,  CHARLES  H. : 

Present  and  oath . 

Absent  . 

Committees,  standing : 

Agriculture  . 

Corporations  and  Cooperative  Associations 

Public  Works  and  Improvements . 

Petitions  presented  . 

Proposal  introduced — Banks,  Pro.  292. 

ISRAEL,  RABBI  EDWARD  L. : 

Chaplain  . 

JACK,  JAMES  P.  : 

Present  and  oath . 

Committees,  standing: 

Initiative,  Referendum  and  Recall . 

Municipal  Government  . 


2,  7 
73 

40 

40 

41 
227 


64 


3,  7 

41 

41 


JARMAN,  LEWIS  A. : 

Present  and  oath. . . . 3,  7 

Committees,  standing: 

County  and  Township  Government .  40 

Municipal  Government  .  41 

Public  Works  and  Improvements .  41 

Judicial  Department  .  291 

Submission  and  Address .  727 

Committees,  special : 

To  arrange  for  celebration  of  the  birthday  of  Abraham  Lincoln .  42 

To  adjust  differences  on  Revenue .  501 

Petitions  presented  . 225 

Proposals  introduced — Sedition,  Pro.  23  ;  Education,  Pro.  24  ;  Apportionment, 

Pro.  25;  Judicial  Department,  Pro.  26;  Courts,  Pros.  38,  39,  40;  Judiciary, 
Pros.  67,  68  ;  Cities  and  Municipal  Corporations,  Pro.  94  ;  Taking  of  Testi¬ 
mony  in  Equity  Cases,  Pro.  146  ;  Powers  of  Supreme  Court,  Pro.  147  ; 
Counties.  Pro.  150  ;  Relative  to  Circuit  Courts,  Pro.  151  ;  Relative  to  County 
Courts,  Pro.  152;  Appeals1  in  Bailable  Cases,  Pro.  218  ;  Home  Rule  for 
Municipalities,  Pro.  219  ;  Home  Rule  for  Municipalities,  Pro.  346. 

Resolution  offered,  Pro.  30. 

Resolution  offered  . 39,  95 


JOHNSON,  LAWRENCE  C. : 

Present  and  oath . 

Absent  . 

Committees,  standing : 

Agriculture  . 

Executive  Department  . 

Public  Works  and  Improvements . 

Committee,  special : 

To  attend  funeral  of  Edward  C.  Curtis 


3,  7 
52 

40 

40 

41 

116 


JOHNSON,  WATTS  A.: 

Present  and  oath . 

Absent  . . 

Committees,  standing: 

Miscellaneous  Subjects  . 

Municipal  Government  . 

Revenue  Taxation  and  Finance .  . 

Petitions  presented  . 

Proposals  introduced — Juries,  Pro. 
ation.  Pros.  71,  191. 


3  7 

40,’  4*6*1,  661 


.  41 

.  41 

' .  41 

. 227,  231 

86;  Grand  Jury  System,  Pro.  70.  Tax- 


INDEX. 


941 


JOURNAL : 
Correction  of 


PAGE. 

.  726 


JUDICIARY : 

Committee  report,  Pro.  379. 

Defining-  judicial  power  and  prohibiting  the  exercise  of  same  by  other  agen¬ 
cies  than  the  Judicial  Department,  Pro.  50. 

Distribution  of  powers,  Pro.  5. 


JUDICIAL  DEPARTMENT : 

Amendments  in  Committee  of  the  Whole .  820 

As  delivered  to  the  Secretary  of  State .  888 

Judicial  Districts  .  706 

Report  No.  18,  Phraseology  and  Style . . .  409 

Report  No.  24,  Phraseology  and  Style,  Article  V.  • .  794 


JURIES : 

Authorize  the  General  Assembly  to  regulate  the  grand  jury  system,  Pro.  70. 
Authorizing  verdicts  in  civil  cases  by  less  than  a  unanimous  jury,  .Fro.  86. 
Certain  defenses  in  suits  at  law  to  be  questions  of  fact  to  be  determined 
solely  by  a  jury.  Pro.  322. 

Trial  by  jury,  Pro.  97,  217,  226. 

Women  eligible  to  serve  on  juries,  Pro.  53. 


JUSTICES  OF  PEACE: 

Omits  justices  of  peace,  police  magistrates  and  constalbes  from  the  proposed 
Constitution,  Pro.  135. 


KERRI CK,  THOMAS  C. : 

Present  and  oath . 

Committees,  standing: 

Initiative,  Referendum  and  Recall . 

Revenue,  Taxation  and  Finance . 

Petitions  presented  . 

Proposal  introduced — Taxation,  Pros.  66,  160,  161. 


....2,  7 

. . . .  41 

.  .  .  .  41 

227,  231 


KUNDE,  ERNEST: 

Present  and  oath . 2,  7 

Absent  . 461,  486 

Committees,  standing: 

Chicago  and  Cook  County .  40 

Corporations  and  Cooperative  Associations .  40 

Initiative,  Referendum  and  Recall .  41 

Committee,  special  . .  26 

Proposals  introduced — Personal  Tax,  Pro.  201;  Manufacture,  Sale  and  Distri¬ 
bution  of  Beverages,  Pro.  202 ;  Prohibition  of  Options  in  Purchases  and 
Sales  and  Dealings  in  Stocks  by  Margins  or  Lottery,  Pro.  224. 


LABOR: 

Committee  report  .  290 

Report  No.  22,  Phraseology  and  Style . .  773 

LAND  CREDITS: 

Report  No.  14,  Phraseology  and  Style .  384 


LANDRETH,  REV.  LEWIS  B. : 

Chaplain  . 632,  643,  661,  694,  679 

LAND  TITLES: 

System  of  registering  land  titles,  Pro.  81. 


LATCHFORD,  GEORGE  P. : 

Present  and  oath . 2,  7 

Committees,  standing: 

Initiative,  Referendum  and  Recall .  41 

Legislative  Department  . 41 

Committee,  special  . 26 

To  arrange  for  the  celebration  of  the  birthday  of  Abraham  Lincoiri !  42 

Petition  presented  . 227 

Proposal  introduced — Taxation,  Pro.  261. 

LEE,  REV.  I.  E.  : 

Chaplain  .  143 

LEWIS,  REV.  H.  B. : 

Chaplain  . , .  115 


942 


INDEX. 


LEGISLATIVE  DEPARTMENT  : 

Distribution  of  powers,  Pro.  5. 

Relating  to  the  General  Assembly,  Pro.  6. 

Amendments  in  Committee  of  the  Whole . 

Article  III,  of  the  Constitution . . 

As  delivered  to  the  Secretary  of  State . 

Report  No.  12,  Phraseology  and  Style . 

Report  on  section  29,  Phraseology  and  Style . 

Substitute  section  for  apportionment . 

Supplemental  report  on  sections  6  and  7 . 

LILL,  HERBERT  F.  : 

Present  and  oath . . . . 

Committees,  standing: 

County  and  Township  Government . 

Miscellaneous  Subjects  . 

Municipal  Government  . 

Proposals  introduced — County  Government,  Pro.  158. 


PAGE. 


818 

787 

879 

342 

590 

491 

459 


3,  7 

40 

41 
41 


LINCOLN,  ABRAHAM: 


Resolution  for  memorial  exercises .  .  .  30 

Exercises  . 72 

I4INDLY,  CICERO  J.  : 

Present  and  oath . 3}  7 

Absent  . 64 

Committees,  standing: 

Chairman  Committee  on  Public  Works  and  Improvements .  41 

Legislative  Department  .  41 

Submission  and  Address . !!....!.*!!!!..!!!!  727 

Committee,  special : 

To  attend  funeral  of  Edward  C.  Curtis .  116 

To  adjust  differences  on  Revenue .  501 

To  attend  funeral  of  Mrs.  Small .  816 

To  attend  funeral  of  J.  Mack  Tanner .  567 

Placed  in  nomination  Charles  E.  Woodward  for  Temporary  President .  4 

Placed  in  nomination  Charles  E.  WToodward  for  President .  7 

Petitions  presented  . 172,  217 

Resolution  offered  . ’  7 


Proposals  introduced — Apportionment,  Pro.  87  ;  Improvement  of  Lakes,  Rivers 
and  Streams,  Pro.  265  ;  Taxation,  Pro.  154. 


LOCAL  GOVERNMENTS  : 

As  delivered  to  the  Secretary  of  State 


898 


LOHMAN,  GEORGE  F.  : 

Present  and  oath . . . 2,  7 

Committees,  standing: 

Corporations  and  Cooperative  Associations .  40 


Proposals  introduced — Registering  Land  Titles,  Pro.  81 ;  Public  Utilities,  Pro. 
96  ;  Charters  of  Benevolent  and  Fraternal  Organizations,  Pro.  157  ;  Per¬ 
formance  of  the  Duties  Imposed  by  the  Constitution,  Pro.  199  ;  Prohibiting 
the  Appropriating  of  any  Public  Fund  for  Sectarian  Purpose,  Pro.  200  ; 
the  Issuance  of  Bonds  for  Home  Building  and  Buying  of  Lands  by  Citizens, 
Pro.  284  ;  Public  Utilities,  Pro.  285  ;  Suffrage  for  Women,  Pro.  299  ;  Health 
Laws,  Pro.  300  ;  Mortgage  Registration  Tax,  Pro.  328. 


LOCAL  GOVERNMENTS  : 

Amendments  in  Committee  of  the  Whole .  823 

Article  VIII,  Constitution .  802 

LOWDEN,  FRANK  O.  : 

Call  Convention  to  order .  1 

LUMSDEN,  REV.  E.  C.  : 

Chaplain  .  166 


MACK,  DAVID  E.  : 

Present  and  oath . 3,  7 

Absent  . . . 105,  55,  210,  491 

Committees,  standing :  , 

Distinction  Between  Constitutional  and  Legislative  Subjects .  40 

Judicial  Department  .  41 

Petitions  presented  . 136,  145 

Proposal  introduced — Taxation,  Pro.  338. 


MATTHEWS,  REV.  S.  A.: 
Chaplain  . 


171 


INDEX. 


943 


PAGE. 

MAYER,  LEVY : 

Present  and  oath . 7 

Committees,  standing': 

Chicago  and  Cook  County .  'JO 

Judicial  Department  .  41 

Qualifications  and  Elections  of  Delegates .  41 

QTiPrip  1  .  . . . . .  * 

Proposals  introduced’— Courts,  Pro.  225  ;  Juries,  Pro.  226. 

Death  of  .  8 ' 0 


McBRIDE,  F.  SCOTT  : 

Protest  entered  against .  488 

McCANN,  B.  H. : 

Temporary  Secretary .  4 

Secretary .  _8  • 

Vote  of  thanks  for .  876 

McCORMICK,  MEDILL: 

Addressed  Convention .  81 

McCOWAN,  REV.  R.  S. : 

Chaplain  . 726,  728,  733 

McEWEN,  WILLARD  M.  : 

Present  and  oath . 2,  7 

Absent  . 73,  461,  610 

Committees,  standing: 

Distinction  between  Constitutional  and  Legislative  Subjects .  40 

Judicial  Department  .  41 

Qualifications  and  Elections  of  Delegates .  41 

Committee,  special  . 26 

Petitions  presented  . 190,  206,  227 


Proposals  introduced — Court  of  Domestic  Relations,  Pro.  331  :  Appointment 
Judges  of  the  Appellate  Court,  Pro.  274  ;  Superintendent  of  Courts,  Pro. 
275  ;  Pleading,  Practice  and  Procedure  of  the  Judicial  Department,  Pro. 
277  ;  Specifying  certain  Courts  as  part  of  the  Judicial  System,  Pro.  272  ; 
Special  Election  of  Judges  of  Criminal  Courts  in  Cook  County,  Pro.  273  ; 
Initiative,  Referendum  and  Recall,  Pro.  209. 


McFADDEN,  REV.  S.  W.  : 

Chaplain  .  10 

McGUIRE,  S.  W. : 

Present  and  oath . 3,  7 

Absent  . 64,  726,  828 

Committees,  standing : 

County  and  Township  Government . 40 

Initiative,  Referendum  and  Recall .  41 

Suffrage  .  „ .  41 

Petitions  presented  . - . 198,  214 

MEMORIAL  : 

Roger  C.  Sullivan,  offered  by  O’Brien . 145,  146 

MERRILL,  DONALD  L. : 

Votes  received  at  election .  164 

MEINERT,  HENRY  W.  : 

Present  and  oath . 3,  7 

Committees,  standing : 

Agriculture  .  40 

Military  Affairs  .  41 

Miscellaneous  Subjects  .  41 

Petitions  presented . 202 

MICHAELSON,  M.  A.  : 

Present  and  oath . 2,  7 

Absent  .  105 

Committees,  standing- : 

Distinction  Between  Constitutional  and  Legislative  Subjects .  40 

Miscellaneous  Subjects  .  41 

Municipal  Government  .  41 

Committee,  special  .  26 

To  arrange  for  the  celebration  of  the  birthday  of  Abraham  Lincoln .  42 

Petitions  presented  . 108,  227,  239 


Proposals  introduced — Officials  Holding  More  than  One  Public  Office,  Pro. 
342  ;  Right  of  Dower,  Pro.  333  ;  Vesting  Power  of  Townships  in  City  Coun¬ 
cils,  Pro.  290 ;  Food  Commodities,  Pro.  288  ;  Revenue  by  Taxation,  Pro. 
289  ;  Publicity  of  New  Constitution,  Pro.  286  ;  Old  Age  Pensions,  Pro.  287. 


944 


INDEX. 


MICHAL,  CHARLES  J. : 


PAGE. 


Present  and  oath . 

Absent  . . . . .  . 

Committees,  standing- : 

Chicago  and  Cook  County . 

Corporations  and  Cooperative  Associations . ! . 

Industrial  Affairs  and  Labor . 

Committee,  special  . \  . 

Proposals  introduced— Committee  Holding  Investigations  or  Conducting  Busi¬ 
ness  of  Public  Interest,  Pro.  352;  Collection  of  Taxes,  Pro.  344;  Employ¬ 
ment  of  Convict  Labor,  Pro.  345  ;  Judiciary,  Pro.  325  ;  Personal  Injuries 
Determination  of  Facts  by  Jury,  Pro.  322;  Wrestling.  Pro.  75;  Taxation, 
Pro.  76;  Manufacture  of  Beers  and  Beverages,  Pro.  77;  Taxes.  Pro.  72; 
Defining  Intoxicating  Liquors  and  Beverages,  Pro.  73  ;  Boxing,  Pro  7  4 
Resolution  offered  . 


2,  7 
732 

40 

40 

41 
26 


243 


MIGHELL,  LEE; 

Present  and  oath . 

Committees,  standing : 

Future  Amendment  of  Constitution . 

Industrial  Affairs  and  Labor . . 

Legislative  Department  . 

Committee,  special  . . 

To  attend  funeral  of  Edward  C.  Curtis . .!  1 .!!!..!!.'!!!!!". ! . 

Petitions  presented  . 

Proposals  introduced — Double  Taxation,  Pro.  1  ;  Future  Constitutional  Con¬ 
ventions  and  Amendments  to  the  Constitution,  Pro.  90  ;  Apportionment, 
Pro.  141  ;  Industrial  Court,  Pro.  197  ;  Suffrage,  Pro.  198. 

Resolution  offered  . 


2,  7 

41 

41 

41 

5 

116 

227 


458 


MILITIA : 

Establishment  of  a  military  system  in  Illinois,  Pros.  112.  234. 

Retains  Article  12,  of  the  Constitution  of  1870  as  part  of  the  proposed  Con¬ 


stitution,  Pro.  14. 

Amendments  in  Committee  of  the  Whole .  823 

Article  VI,  Constitution .  808 

As  delivered  to  the  Secretary  of  State . . .  906 

MILLER,  AMOS  C.  : 

Present  and  oath . 2,  7 

Absent  . 491 

Committees,  standing  : 

Chicago  and  Cook  County .  40 

Executive  Department  .  40 

Industrial  Affairs  and  Labor .  41 

Committee,  special : 

To  attend  funeral  of  Edward  C.  Curtis .  116 

Proposal  introduced — Judiciary,  Pro.  56. 


MILLS,  ANDREW  H.  : 

Present  and  oath . 3,  7 

Committees,  standing : 

Initiative,  Referendum  and  Recall .  41 

Schedule  .  41 

Suffrage  . 4l 

Committees,  special : 

To  approve  Journals .  875 

To  attend  funeral  of  J.  Mack  Tanner .  567 

Petitions  presented  . 218,  225,  227 


Proposals  introduced — Taxation,  Pro.  241  ;  Reading  of  the  Bible  in  the  Public 
Schools,  Pro.  240  ;  Representation  in  the  General  Assembly,  Pro.  237  ; 
Teaching  English  Language  to  Foreigners,  Pro.  238  ;  Schools,  Pro.j  235  ; 
Appellate  Courts,  Pro.  100  ;  Taxation,  Pro.  101  ;  Supreme  Court,  Pro.  102  ; 
Reading  of  the  Bible  in  the  Public  Schools,  Pro.  32  ;  Qualifications  of 
Governor  and  Lieutenant  Governor,  Pro.  33  ;  Suffrage  to  Women,  Pro.  34  ; 
English  Language  Taught  in  Schools,  Pro.  35  ;  Exemption  of  Lands  Do¬ 
nated  for  Educational  Purposes  from  Taxation,  Pro.  99. 


MILLSPAUGH,  A.  C.  : 

Provisional  Secretary  .  1 

MONOPOLIES  : 

Preventing  monopolies,  Pro.  148. 


INDEX. 


945 


MOORE,  CHARLES  B.  T.  : 

Present  and  oath . 

Committees,  standing  : 

Future  Amendment  of  Constitution . 

Military  Affairs  . 

Phraseology  and  Style . 

Committee,  special . 

To  attend  funeral  of  J.  Mack  Tanner.  .  !  !!!!!!  ! 

Petitions  presented  . 

Proposal  introduced — Collective  Bargaining,  Pro.  206. 


PAGE. 

. 3,  7 

.  41 

.  41 

.  41 

.  5 

.  567 

227,  157,  208,  225 


MORRIS,  EDWARD  H.  : 

Present  and  oath . 

Committees,  standing : 

Bill  of  Rights . 

Legislative  Department  . !!*.!!!*.!!!!! " 

Schedule  . ’ 

Submission  and  Address . . 

Committee,  special  . . . 

Proposals  introduced — Equal  Rights  Without  Regard  to  ’  Race 
Pro.  136  ;  Illinois  Central  Railroad,  Pro.  137. 


or 


Color, 


1,  7 

40 

41 
41 

727 

7 


MORTGAGE : 

To  prevent  double  taxation  of  real  estate  and  the  mortgage  debts  or  liens 
secured  thereby,  Pro.  1. 


MUNICIPALITIES  : 


Home  Rule,  Report  No.  15,  Phraseology 

and  Style . 

NICHOLS,  JAMES: 

Present  and  oath . 

. 

Absent  . 

Committees,  standing: 

Bill  of  Rights . 

County  and  Township  Government.  .  .  . 

Military  Affairs  . 

Petitions  presented  .  997 

Proposal  introduced — Suffrage  to  Men  in 

Military  Service,  Pro.  28. 

NORBURY,  ROBERT: 

Votes  received  . 

% 

O’BRIEN,  MARTIN  J.  : 

Present  and  oath . .  2  7 

£bser)t  ^ . .  •  •  . . !!!!!!!!!!!!!!!!!!!!!  '.iz',  1 6V,. 4 8 6 

Committees,  standing: 

Chairman  of  Miscellaneous  Subjects .  41 

County  and  Township  Government . .  .  .  .  40 

Revenue,  Taxation  and  Finance .  4] 

Submission  and  Address . 727 

Committee,  special  . .  .  .........  '  '  ‘  '  '  '5  26 

To  attend  funeral  of  Mrs.  Small . . . .  816 

Death  of  mother . 167 

Memorial  offered  to  the  memory  of  Roger  C.  Sullivan . 145*  146 

Proposals  introduced — Courts  Conducting  Inquiries,  Pro.  332  ;  Taxation  Pro! 

63  ;  Taxation,  Pro.  85  ;  Taxation,  Pro.  266. 


O’BRIEN,  MRS.  BRIDGET  : 
Death  of  . 


169 


OFFICERS,  PUBLIC: 

Election  and  appointment,  Pro.  340. 

Qualifications  of  candidates  for  office,  Pros  195  335 

PT™t^P^bliC.°ffloC,iols  from  drawing  two  salaries  from  public  funds  at 
►-aiTiG  ume,  Jli*o.  o 


the 


OFFICERS.  STATE: 

GOo?hrenr0rofflSalSL'pUron'3,?t  Governor  sba11  be  American  born,  also  regulating 

SttMce^deahimIelf,S  fro.  b42.  e'eCted  '°r  f°Ur  yearS  and  sha"  be  <>llgib,e  t0 

OFFICIAL  REPORTER: 

Appointed  . 

Notice  for  correction  of  Constitution  debates!  !!!!!!!!!!!!!!!! . 


—60  C  J 


946 


INDEX. 


PADDOCK,  JAMES  H.  : 

Present  and  oath . 

Absent  . . 

Committees,  standing- : 

Legislative  Department  . 

Miscellaneous  Subjects  . 

Expenditures  and  Supplies . 1  . 

Committee,  special : 

To  attend  funeral  of  Mrs.  Small . 

Petitions  presented  . 

Resolution  offered  . . .  .  !  .  .  .  ! 

PARDONS  AND  PAROLES: 

Denying  the  right  of  pardon  or  parole  to  certain  persons,  Pro.  194. 


PAGE. 

.  3,  7 
.  52 

.  41 
.  41 

.  2? 

.  567 
.  155 
.  246 


PARKER,  CHARLES  V.  : 

Present  and  oath . 

Absent  . . 

Committees,  standing : 

Agriculture  . 

Corporations  and  Cooperative  Associations 
Industrial  Affairs  and  Labor . 


3,  7 
64 

40 

40 

41 


PEARCE,  PRINCE  A.  : 

Present  and  oath . 

Absent  . 

Committees,  standing: 

Judicial  Department  . 

Qualifications  and  Election  of  Delegates 

Rules  and  Procedure . 

Committee,  special  . 

Resolution  offered  . ' 

PENHOLLEGEN,  REV.  W.  H.  : 

Chaplain  . 

. 

PENSIONS  : 

Funds  contributed  by  employees . 


3  7 

*5*2*  ’  64,"  "84,"  1*1  V,  491 

.  41 

.  41 

.  9 

. 7,  8 

. 50 


817,  781 


219 


PETITIONS  : 

From  Boys’  Brotherhood  Republic .  31 

Central  Health  Committee . 35 

Members  of  Methodist  Church  Congregation .  141 

State  Chairman  of  National  Lutheran  Council .  145 

Citizens  of  Carbondale .  196 

Christian  County  . .*.*.*.*.'.*.*.*.'.*.*!.*.'!*!!!!.!!!!!*.  202 

clay  county  . . . .’!..!!.!’.’.!*.!!*.!!!!’.*.!*.*. . !  202 

Cook  County  . 198  206,  208,  214,  224,  227,  231,  239 

Danvers  . . .......... _ .........  231 

Decatur  . !.’!!..!!!!!!!!’.!!!*.!!!’.!!  20s 

DuPage  County  . ’.  . _ .  .'.*2*02,  208 

Effingham  County  . 190  202 

Elvaston  .  136 

Forty-eighth  District  . 214 

Greenview  . *.!..!!!!.!!..!!'.!!*.  172 

Hartsburg  . .  157 

Jackson  County  . .  .’.’.Y.’.Y.’.*.*.'.*.’.*.*.  *1*9*8*  214 

Kirkwood  . ...  .  .  .  .  .’  196 

Loami  Township  . Y  ..!...  Y  Y  !.  Y  *  Y  Y  Y  Y  Y  Y .  155 

Madison  County . .19 4, ’  20 6,’  *2*2*1*,  217 

Marion  County  . 202 

Mattoon  . 206 

Montgomery  County  . 190 

Pulaski  County  . '  '  '  214 

Randolph  County  . Y _ !  !  i 9 8,' *2*0*2,  214 

Viola  .  167 


PETITIONS  : 


Relating  to  enactment  of  laws  relative  to  health 

interests  of  boys . 

home  rule  . 

reading  of  the  Bible  in  the  public  schools . 

172,  190,  194,  196,  198,  202,  206,  208,  214, 

profession  and  practice  of  healing . 

taxation  . . 


. 225,  231 

. 31 

.  2^4  227 

.136,  141*  1*45*,'  1.55,’  *15*7*,'  167j 
217,  218,  221,  227,  231,  239,  632 

. 35 

.  227 


PHILLIPS,  REV.  W.  S. : 
Chaplain  . 


261,  263,  266 


INDEX. 


947 


PAGE. 

PHRASEOLOGY  AND  STYLE: 

Ordered  to  engross  Constitution . 826,  837 

Report  enrolled  Constitution .  837 


Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 
Report  No. 


4,  Education  .  463 

5,  Boundaries  .  469 

6,  Corporations  . 477 

7,  Suffrage  and  Elections . .  •  294 

8,  City  of  Chicago . 649,  556,  301 

9,  Bill  of  Rights .  321 

10,  Preamble  .  333 

11,  Revenue  . 334 

12,  Legislative  Department  .  342 

13,  Canals  and  Waterways .  379 

14,  Land  Credits  .  384 

15,  Zoning  .  387 

16,  Cook  County  .  394 

17,  Counties  .  399 

18,  Judicial  Department  .  409 

19,  Executive  Department .  430 

20,  Future  Amendment  to  the  Constitution .  728 

21,  Schedule  .  755 

22,  Labor  .  773 

23,  Submission  and  Address . 775,  754 

24,  Constitution  as  a  Unit .  785 


Supplemental  Report  on  Sections  6  and  7.  Report  12 .  459 


PINCUS,  S.  E.  : 

Present  and  oath . •  . . 

Absent  . 67, 

Committees,  standing: 

Bill  of  Rights . 

Future  Amendment  of  Constitution . 

Miscellaneous  Subjects  . 

Committee,  special  . . . 

Proposals  introduced — Trial  by  Jury,  Pro.  9  7  ;  Athletic  Exhibitions,  Pro.  98  ; 
Schedule,  Pro.  297  ;  Public  Utilities  of  Municipalities,  Pro.  298  ;  Taxation, 
Pro.  69. 


2,  7 
113 

40 

41 
41 
26 


PINNELL,  B.  H. : 

Present  and  oath .  462 

Absent  .  538 

Pay  and  mileage .  850 


POTTS,  ERNEST  D. : 

Present  and  oath . 

Absent  . 

Committees,  standing: 

Executive  Department  . . 

Industrial  Affairs  and  Labor . 

Initiative,  Referendum  and  Recall 
Committee,  special . 


3  7 

52,  64,*  73,  ’84 

.  40 

.  41 

.  41 

.  26 


PREAMBLE  . .  ^85 

Adopts  Preamble  of  1870  as  the  Preamble  of  the  proposed  Constitution,  Pro.  2. 
Omitting  certain  words  from  the  Preamble  of  the  present  Constitution,  Pro. 

341. 

Relative  to  Preamble,  Pros.  221,  222. 

Amendments  in  Committee  of  the  Whole .  817 

As  delivered  to  the  Secretary  of  State .  877 


PRESIDENT  OF  CONVENTION: 

Permanent  . 

Petition  . 

Special  Committees,  appointment . 

Standing  Committees,  appointment . 

Temporary  . 

Resolution  expressing  appreciation  of  the  Convention 


.  8 

.  31 

42,  116,  128 

. 40,  41 

.  4 

.  875 


PRODUCE : 

Inspection  . 

PROHIBITION  : 

Defining  intoxicating  liquors  and  beverages,  Pro.  73. 

Manufacture,  transportation  and  distribution  of  beverages  containing  less 
than  5  per  cent  alcohol,  Pro.  202. 

Permits  manufacture,  sale  and  distribution  of  beer,  Pro.  77. 


PUBLIC  LIBRARIES: 

Authorize  counties  to  lexy  taxes  for,  Pro.  62. 

General  Assembly  shall  provide  for  a  system  of,  Pro.  61. 


948 


INDEX. 


PAGE. 


PUBLIC  OFFICERS:  .  _  ,  ,,  9.Q 

Establishment  of  death,  disability  and  retirement  funds,  Pro.  243. 

PUBLIC  RECORDS: 

Preservation  of  the  public  records  of  the  State,  Pro.  297. 

PUBLIC  SERVANTS:  823 

Amendments  in  Committee  of  the  Whole . ‘  .  904 

As  delivered  to  the  Secretary  of  State . 

PUBLIC  UTILITIES  : 

Cities  and  villages  may  regulate,  Pro.  78.  villages  and  other  muni- 

^Pp0J«rp®»aOTs'tomMK  operate  ’and  lease  any  public  utility,  Pro.  285. 

Samttf'th^right'to  permit  the  constructing,  operating  and  regulating  pub- 

mSSiS ‘colorations,  may  regulate,  own  operate  and  control,  Pro.  268. 
Regulating  public  service  corporations,  Pro.  30. 

Regulating  ot  rates,  charges  and  practices.  Pro.  245. 

QUALIFICATION  AND  ELECTION  OF  DELEGATES .  452 

Committee  report  . 


QUINN,  FRANK  J. :  . ; . 2,  7 

Present  and  oath . ; . 

Committees,  standing:  40 

Bill  of  Rights.  .•••••••■;• . .  "  . . .  40 

Chicago  and  Cook  County .  41 

Legislative  Department  .  9 

Rules  and  Procedure . !!.'.’!!!! . . .  4 

Committees,  special  . 

RAILROADS  .  ,  TDvry  1  ft  7 

^ulSentMbi  SJSS  to, corporations,  Pro.  1.8. 

Offices,  records  and  reports  Pro  1<-. 

lolUnf’ 's^cTtrbe^consTdered  personal  property  for  purposes  of  execution 

and°sale,  Pro.  171. 

Service  and  rates,  Pro.  lby. 

REAL  ESTATE:  ,  c  A  ,0 

Administration  in  the  pJobate  0°^  Pro.  36. 

Assessing  taxes  upon  real  estate,  Pro.  7  A 

Double  taxation,  Pro.  1. 

Exemption  from  taxation,  Pro.  ID  . 

RECLAMATION: 

Swamps  and  overflowed  lands,  Pro.  196,  373. 

RELIGION  :  n  nr_. 

Reading  ot  Wblie  Schools,  Pros.  24,  32,  84,  239,  307,  348, 

349,  376. 


RESOLUTIONS:  . 286, 

ifirGovelno'r  H.'  T.',  ’of:  Kansas;  YnviiaUon  to'  adireks  Convention .... 
Appointment  of  a  proof  reader .  . 

Appreciation  of  services  of  President....  . 

Authorfzingi^’esidermS to  "employ "assist ants  to  conclude  work  of  Convent 

gSmmitteeMon  •  teedemils/'  appoiniment 

rSiS8  and  '  Procedure,  ’  j,' -U . 

?°o  aSSffciSrf.  ; 

gS!lS’g^ou,°naml  &g; toys'  of '  Convention 

Curtis.  Hon.  Edward  C.,  death. .  . 

Cutting,  Mrs.  Charles  S.,  death . . 

gfjJributiSfof6  bound  copies'  of  '  6'o'n'stitution . 

Drawing  for  seats  by  Delegates .  . 

Election  of  a  President . .  ' . 

Election  to  fill  vacancies . 


291, 


oi 


458 

127 

50 

31 

875 

849 
875 

1,  72 
5 
71 
9 
4 
7 

246 
95 
115 
262 
39 

850 
9 
7 

458 


INDEX. 


949 


RESOLUTIONS— Concluded.  PAGE- 

Employees  compensation  . 

Expressing  sympathy  for  absent  Delegates’.  !!!!!!!!.’!!! .  col 

Fixing  a  time  limit  on  speeches .  . 

Instruction  of  the  Italian  language  in  schools!  !’.!!!!! .  i  01 

Lincoln,  Abraham,  memorial  exercises .  . 

McCormick,  Hon.  Medill,  invitation  to  address  Convention .  jj" 

Mayer,  Levy,  death  .  . 

O’Brien,  Mrs.  Bridget,  death . ! .  £ 

President  to  certify  vouchers  for  necessary  expenses .  sc 

Printing  and  distribution  of  proposed  Constitution . . oV  Jq 

Small,  Mrs.  Len,  death .  . 

Sullivan,  Hon.  Michael  F.,  death . .!!!!!!!!!!!!!!’!! . 

Sullivan,  Mrs.  Ethel,  compensation . !.'!!!!!! . 

Sherman,  Hon.  L.  Y.,  invitation  to  address  Convention .  r4 

Tanner,  Col.  J.  Mack,  death .  . . 

Relative  to  tenure  of  office  at  adoption  of  this  Constitution .  ni  7 

Relative  to  daily  sessions  of  the  Convention .  .  r^c 

Relative  to  signing  of  Constitution .  . 

To  investigate  the  subject  of  bank  laws  in  this  State!  !  !  !  ! !  !  !  ! !  ! !  .'  !  ! ‘  *  243 

REVELL,  ALEXANDER  H.  : 

Present  and  oath . 

Absent  •••••••*••••••••,  •  . . .  ,  O)  1 

Committees,  standing:  . ^4’  4®4,  4^6 

Bill  of  Rights . ' . 

Future  Amendment  of  Constitution . !!!!!!!!!!!!! . . .  I? 

Industrial  Affairs  and  Labor .  .  H 

Pr°p°saTls  introduced— Public  Schools,  Pro!  ’337  j  '  Election  of  Senator's  '  Pro 
Pro’  27°yalty  TeSt  f°r  Candldates  Seeking  Public  Office,  Pro.  335  ;  Schools! 

REVENUE : 

Assessing  of  taxes  upon  real  estate,  Pro.  72. 

Assessment  and  collection  of  taxes  by  municipal  corporations  Pros  160  161 
Alp?orlfllg  estabhshment  of  separate  class  consisting  of  tangible*  property! 

Bachelors  tax,  Pro.  109. 

Classification  of  property  for  taxation,  Pro.  63. 

County  collector  of  taxes.  Pro.  223. 

^R^roa^P^o1^  taxin&  bodies  of  moneys  collected  from  Illinois  Central 

Double  taxation  of  real  estate,  Pro.  1. 

Exemption  from  taxation  : 

Bridges  forming  a  boundary  between  this  State  and  another  Pro  302 
Funds,  moneys  and  properties  used  for  benevolent  and  charitable  "pur¬ 
poses,  Pro.  154.  1 

Household  goods  and  personal  property,  Pros.  43  69  76  201. 

Incorporated  societies  of  veterans  of  any  war  Pro  306 
Parsonages,  Pro.  257. 

Properties  of  certain  corporations  and  institutions,  Pros  101  103 
School  property,  Pros.  99,  241.  ' 

State  bonds.  Pros.  114,  270. 

Forests.  Pros.  140,  141. 

GetionaproS266bly  maY  Create  additional  exemptions  of  property  from  taxa- 

Levy  and  collection  of  taxes,  Pros.  85,  191,  327,  343. 

Listing  of  property  for  assessment  for  purposes  of  taxation  Pro.  186 
Local  improvements  to  be  defrayed  by  special  assessment  Pro  250 
Mortgage  registration  tax.  Pro.  328. 

New  tax  system,  Pro.  244. 

Occupations,  businesses  and  trades  which  may  be  taxed  Pro  66 

26ir  326r  the  SUbject  of  revenue  is  vested  in  the  General  Assembly,  Pros. 

Property  shall  be  taxed  in  proportion  to  the  actual  cash  value,  Pro  289 
Road  and  bridge  purposes  shall  be  levied  by  county  boards,  Pro  162" 

Sale  of  real  property  for  taxes,  Pro.  260. 

System  of  taxation,  Pros.  54,  71. 

Taxation  of  real  property,  Pro.  92. 

Taxation  without  representation,  Pro.  113. 

Taxation  of  all  tangible  property  uniformly  in  proportion  to  value  Pro.  338 
Lnifoim  taxation  of  all  tangible  property,  the  classification  of  intangible 
property  and  for  taxation  of  incomes,  Pro.  227 
validation  and  collection  of  taxes,  Pro.  344. 

Article  VII,  Constitution . .  one 

Amendments  in  Committee  of  the  Whole . .  099 

As  delivered  to  the  Secretary  of  State . !!!!!!!!!!!!!!!!!! -  895 

Program  of  propositions  to  be  considered  in  Committee  of  the  Whole . 500 

Report  of  Committee  of  the  Whole .  . 0V7 

Report  by  special  committee .  . rn? 

Report  by  Delegate  Fifer .  . 0U4,  gjjg 


950 


INDEX. 


RIGHTS  OF  CITIZENS: 

Defining  rights  of  citizens,  Pro.  79. 

No  person  shall  be  deprived  of  any  right  exercised  by  any  corporation,  Pro. 
347. 

Political  freedom,  Pro.  129. 

Protect  the  rights  of  employees  and  to  prohibit  strikes  in  certain  cases,  Pro. 
216. 

Providing  a  Bill  of  Rights,  Pro.  229. 

Right  to  obtain  law  right  and  justice  freely  and  promptly  without  being 
required  to  purchase  it,  Pro.  108. 

Rights  of  workmen,  Pro.  232. 

Without  regard  to  race  or  color,  Pro.  136. 


RINAKER,  THOMAS: 

Present  and  oath . 7 

Committees,  standing :  .  ’ 

Chairman  Committee  on  Bill  of  Rights .  40 

Legislative  Department  . 41 

Phraseology  and  Style . 41 

Committee,  special  . .!..!!!!!*.!!!  8 

To  adjust  differences  on  Revenue . 501 

To  approye  Journals . ’***’’’  875 

Petitions  . 225 


Proposals  introduced — Adjustment  of  strikes,  Pro.  207  ;  Bill  of  Rights,  Pro. 


RILEY,  REV.  LESTER  LEAKE: 

Chaplain  . 27,  79 

ROADS  AND  BRIDGES: 

Construction  and  improvement  of  roads,  highways  and  bridges  by  special 
assessment,  Pro.  323. 


ROBINSON,  REV.  J.  T.  : 
Chaplain  . 


ROGERS,  REV.  W.  T.  : 

Chaplain  .  459 

ROSENBERG,  MICHAEL  : 

Present  and  oath . 2  7 

Absent  . .  .".*40  52 

Committees,  standing : 

Corporations  and  Cooperative  Associations .  40 

Education  . \  \  40 

Qualification  and  Election  of  Delegates . 4*1 

Committee,  special  . !...!.  26 

Resolutions  offered  . .  .  .  .  .  .’.  39*,  169 

Proposal  introduced — Education,  334. 


RULES  : 

Adopted  .  26 

RULES  AND  PROCEDURE: 

Committee  reports : 

Appointment  of  a  committee  to  supervise  the  correcting  and  printing  of  the 

Convention  Debates  .  128 

Assignment  of  the  several  articles  of  the  Constitution  to  the  various  com¬ 
mittees  . . . 41,  42 

Committee  meetings  . 154,  155 

General  procedure  . 211 

Invitation  to  the  Hon.  Henry  J.  Allen,  Governor  of  Kansas  to  address  Con¬ 
vention  .  126 

Plan  and  policy  to  be  followed  in  the  preparation  and  draft  of  the  new 

Constitution  .  131 

Plans  for  celebration  of  the  birthday  of  Abraham  Lincoln .  42 

Relating  to  convening  hour  of  Convention .  167 

Resolution  No.  22 .  122 

Resolution  No.  25 . 126 

Resolution . !  ]  243 

Rule  23  “Order  of  Business” . 61,  62 

Special  Order  of  Business  for  February  11th .  62 

Committee  reports  . . . 460,  487,  494,  507,  632 

RYAN,  REV.  JOHN  H.  : 

Chaplain  .  188 


SANDMEYER.  REV.  E.  G.  : 
Chaplain  . 


154 


INDEX. 


951 


PAGE. 


SCAXLAX,  WILLIAM  M.  : 

Present  and  oath . 

Absent  . 

Committees,  standing : 

Bill  of  Rights . 

Municipal  Government  . 

Public  Works  and  Improvements . 

Xominates  B.  H.  McCann  for  temporary  Secretary . 

Xominates  B.  H.  McCann  for  Secretary . ^ . 

Petitions  . 

Proposals  introduced — Administrative  Powers,  Pro.  50  ;  Appointments,  Pro. 
51  ;  Administrative  Officers,  Pro.  108  ;  Rights,  Privileges  and  Immunities  of 
Citizens,  Pro.  79  ;  Street  Railways  and  Tramways,  Pro.  78  ;  Sheriffs  and 
County  Treasurers,  Pro.  52  ;  Supervision  of  County  Fiscal  Affairs,  Pro.  83  ; 
Special  Legislation,  Pro.  143  ;  Judicial  Department,  Pro.  144  ;  County  Offi¬ 
cers,  Pro.  14-5  ;  Monopolies,  Pro.  148  ;  Listing  Property  for  Assessment, 
Pro.  186. 


3,  7 
225 

40 

41 
41 

4 

8 

227 


SCHEDULE : 

Committee  meetings  . 154,  155 

Amendments  in  Committee  of  the  Whole .  824 

As  delivered  to  the  Secretary  of  State .  908 

Committee  Report,  Majority .  733 

Committee  Report,  Minority .  137 

New  Constitution  .  810 

Report  of  Committee  of  the  Whole . 739,  747 

Report  No.  21,  Phraseology  and  Style .  755 

Retains  Preamble  and  certain  sections  of  Schedule  of  Constitution  of  1870  as 
part  of  proposed  Constitution,  Pro.  18. 

Resolution  for  separate  submission  of  apportionment  proposition . 276,  277 


SCHOOLS  : 

Common  school  system,  Pro.  131. 

County  superintendent  of  schools,  Pro.  130,  184,  255. 

Election  of  officers  shall  be  non-partisan.  Pro.  314. 

Sectarian  educational  institutions,  Pro.  235. 

Physical  education  and  recreation  for  all  children.  Pro.  271. 

Prohibits  teaching  of  foreign  languages  and  more  definite  recognition  to  be 
given  privately  endowed  higher  educational  institutions,  Pros.  35,  238. 
Property  to  be  exempt  from  taxation,  Pros.  99,  241. 

Provides  for  a  commissioner  of  education  to  replace  the  Superintendent  of 
Public  Instruction,  Pro.  259. 

Reading  of  the  Bible  in  public  schools,  Pros.  24,  32,  84,  239,  307,  348,  349. 
System  of  free  schools,  Pros.  24,  27,  231,  337,  358. 

SECRETARY : 


Temporary  . .  .  . .  4 

Permanent  .  8 


SECRETARY  OF  STATE : 

Apportionment  of  the  State .  199 

Apportionment  of  the  State . 210 

Declaring  certain  acts  by  public  officers  sedition,  Pro.  23. 

Term  of  office .  209 

SERVANTS,  PUBLIC: 

Article  IX  .  807 

SH  AX  AH  AN,  DAVID  E.  : 

Present  and  oath . 2  7 

Absent  . 693 

Appointed  chairman  Legislative  Committee .  121 

Committees,  standing: 

Legislative  Department  .  41 

Rules  and  Procedure.  . . . . 9 

Submission  and  Address . 727 

Committee,  special : 

To  attend  funeral  of  Edward  C.  Curtis .  116 

To  adjust  difference  on  Revenue . . ’  '  '  "  501 

To  attend  funeral  of  Mrs.  Len  Small . .  .  .  .  .  .  .  .  816 

Resolution  offered  . : . 875 

SHAW,  GUY  L.  : 

Present  and  oath . . . 3(  7 

Committees,  standing: 

Agriculture  .  40 

Industrial  Affairs  and  Labor . 41 

Qulaifications  and  Election  of  Delegates . 41 

Petitions  presented  . .....225  227 


Proposals  introduced — Judicial  System,  Pro.  132;  Pollution  of  Rivers  *  and 
Lakes,  Pro.  213. 


952 


INDEX. 


SHERMAN,  LAWRENCE  Y.  : 

Addressed  Convention  .  81 

SHUEY,  CHARLES  A.  : 

Present  and  oath . 3f  7 

Committees,  standing : 

Bill  of  Rights .  40 

Future  Amendment  of  Constitution .  41 

Reveni^,  Taxation  and  Finance .  41 

Petitions  presented  . . . 206,  227 


Proposal  introduced — Eligibility  for  election  to  a  Constitutional  Convention, 
Pro.  242. 


SIX,  ROLLO: 

Present  and  oath . 3,  7 

Committees,  standing: 

Executive  Department  .  40 

Suffrage  .  41 

Expenditures  and  Supplies .  27 

Petitions  presented  . 227 


Proposals  introduced — Exemption  of  property  of  the  ex-service  man  from  tax¬ 
ation,  Pro.  306;  Budget  System,  Pro.  236  ;  Circuit  Judges,  Pro.  138;  Suff¬ 
rage,  Pro.  262  ;  State  powers  to  municipalities,  Pro.  263  ;  The  militia,  Pro. 
112  ;  Taxation  of  real  property,  Pro.  92. 


SMALL,  MRS.  LEN: 
Death  of  . 


816 


SMITH,  ARTHUR  M.  : 

Present  and  oath . 2,  7 

Committees,  standing; 

Chairman  Committee  on  County  and  Township  Government .  40 

Chicago  and  Cook  County .  40 

Submission  and  Address .  727 

Committee,  special : 

To  approve  Journals . 875 

Petitions  presented  . 227 


Proposals  introduced — Abolish  Cumulative  Voting,  Pro.  80  ;  County  Govern¬ 
ment,  Pro.  310  ;  Cumulative  Voting,  Pro.  57  ;  Limitation  of  County  Tax, 
Pro.  308;  Sheriffs  and  County  Treasurers  (Election  of),  Pro.  45. 


SMITH,  JUDGE  ELBERT  S.  : 

Administers  oath  .  7 

SNEED,  WILLIAM  J.  : 

Present  and  oath . 3,  7 

Absent  .  40 

Committees,  standing: 

Chairman,  Committee  on  Industrial  Affairs  and  Labor .  41 

Revenue,  Taxation  and  Finance .  41 

Submission  and  Address . 727 

Committee,  special : 

To  attend  funeral  of  Mrs.  Len  Small .  816 

To  attend  funeral  of  J.  Mack  Tanner .  567 

Petitions  presented  .  214 


Proposals  introduced — Election  and  Tenure  of  County  Officers,  Pro.  233  ; 
Labor,  Pro.  232  ;  Hard  Roads,  Pro.  301. 

SOLDIERS  AND  SAILORS: 

Exempts  from  taxation  property  of  any  incorporated  society  of  veterans  of 
any  war.  Pro.  306. 


STAHL,  HARRY  H.  : 

Present  and  oath . 

Absent  . 

Committees,  standing: 

Legislative  Department  . 

Municipal  Government  . 

Expenditures  and  Supplies . 

Petitions  presented  . . 

Proposal  introduced — Corporations,  Pro.  30. 


2  7 

Vo]  '52,'  73]  *84, *  il3,*  491,  603 

.  41 

.  41 

.  27 

.  227 


STATE  BONDS: 

Exempt  from  taxation,  Pros.  114,  270. 

For  the  construction  and  repair  of  hard  roads  and  for  the  completion  of  any 
waterway  under  construction,  Pros.  269,  301. 

STATE  BOUNDARIES: 

Concerning  jurisdiction  over  the  Ohio  River  and  other  waters  constituting 
part  of  the  State  boundary,  Pro.  220. 


INDEX. 


953 


PAGE. 

STATE  CAPITOL: 

Regarding  expenditures  on  account  of  the  completion  of  the  present  State 
Capitol,  Pro.  183. 

STATE  OFFICERS  : 

Appointment  by  Governor,  Pro.  283. 


STEWART,  WILLIAM : 

Present  and  oath . 2,  7 

Committees,  standing: 

Agriculture  .  40 

Public  Works  and  Improvements. . 41 

Suffrage  .  41 

Resolution  offered  . 173,  174 


STOCKS  AND  BONDS: 

Prohibits  options  in  purchase  and  sale  of  commodities  in  stocks  by  margins 
or  in  lottery,  Pro.  224. 

STOCK  DEALERS: 

Providing  proper  protection  to  purchasers  or  agents  dealing  in  live  stock 
subject  to  mortgage  or  lien  in  other  states,  Pro.  356. 


SUBMISSION  AND  ADDRESS  : 

Report  of  Committee  of  the  Whole .  774 

Report  No.  23,  Phraseology  and  Style . 754,  775 

SUFFRAGE  AND  ELECTIONS: 

Amendments  in  Committee  of  the  Whole .  822 

As  delivered  to  the  Secretary  of  State . .  894 


SUFFRAGE : 

Absent  voters,  Pro.  88. 

Compelling  all  citizens  to  vote,  Pros.  164,  198,  299. 

Defining  the  Right  of  Suffrage,  Pro.  9. 

Making  it  a  duty  for  every  qualified  voter  to  vote  at  every  election,  Pro.  204. 
Qualifications  of  voters,  Pros.  193,  205. 

Qualified  electors  in  military  service,  Pro.  28. 

Extending  Suffrage  to  women,  Pros.  20,  34,  281,  299. 

Revises  present  provisions  relating  to  Suffrage,  Pro.  262. 

Suffrage  to  women  also  makes  women  eligible  to  serve  on  juries,  Pro.  53. 


SULLIVAN,  MICHAEL  F. : 

Death  of .  26 

Expense  ot  committee  attending  funeral . 119,  120 

SULLIVAN,  ETHEL  M. : 

Compensation  .  64 

SULLIVAN,  ROGER  C1. : 

Memorial  . 145,  146 


SUPERINTENDENT  OF  SCHOOLS: 
Appointment,  Pro.  10. 

SUPREME  COURT: 

Regulating  the  Supreme  Court,  Pro.  26. 


SUTHERLAND,  DOUGLAS  : 

Present  and  oath . 2,  7 

Committees,  standing : 

Chicago  and’ Cook  County .  40 

Revenue,  Taxation  and  Finance . .  41 

Committee,  special  .  26 

Petitions  presented  . 225 


Proposals  introduced — Future  amendments  to  the  Constitution,  Pro.  93  ; 
Home  Rule,  Pro.  159  ;  Relative  to  Indebtedness,  Pro.  82  ;  Revenue,  Pros. 
326,  327. 


TAFF,  A.  E.  : 

Present  and  oath . . . 3,  7 

Absent  .  287 

Committees,  standing: 

County  and  Township  Government .  40 

Initiative,  Referendum  and  Recall . : .  41 

Expenditures  and  Supplies .  27 

Appointment  to  Committee  on  Schedule .  190 

Committee,  special : 

To  adjust  difference  on  Revenue .  501 


954 


INDEX 


PAGE. 

TAFF,  A.  E. — Concluded. 

Proposals  introduced — County  Commissioners,  Pro.  59  .  County  Government, 

Pro.  60  ;  County  Officers,  Pros.  125,  127  ;  County  Clerk  and  Coroners,  Pro. 

126  ;  Minority  Stock  Holders,  Pro.  311 ;  Taxation,  Pro.  312  ;  Resolution 
Offered,  Pro.  50. 


TANNER,  J.  MACK: 

Present  and  oath . 3,  7 

Absent  . . 491 

Committfees,  standing : 

Agriculture  40 

Executive  Department  . •  • .  40 

Military  Affairs  . . . .  41 

Committee,  special : 

To  attend  funeral  of  Edward  C.  Curtis .  116 

Death  of  . .  • .  5"67 

Petitions  presented  .  202 


Proposals  introduced — Reclamation  of  Swamn  and  Overflowed  Lands,  Pro. 

295. 


TEBBENS,  GEORGE  W.  : 


Pay  and  mileage . .  850 

Present  and  oath .  462 


THOLEN,  REV.  FATHER  L.  C.  : 

Chaplain  . .  126 

THOMAS,  JOHN  T. : 

Chaplain  . . . . .  1 


TODD,  HIRAM  E.  : 

Present  and  oath . 

Committees,  standing : 

Corporations  and  Cooperative  Associations 

Judicial  Department  . 

Suffrage  . 

Petitions  presented  . 


225, 


2,  7 

40 

41 
41 

227 


TORRANCE,  H.  E.  : 

Present  and  oath . 

Committees,  standing : 

Future  Amendment  of  Constitution 
Phraseology  and  Style . 


TOWNSHIP  ORGANIZATION  : 
Abolition  . 


TRAEGER.  JOHN  E.  :  , 

Present  and  oath . ? 

Committees,  standing: 

Chicago  and  Cook  County . 

Legislative  Department  .  ‘rj 

Suffrage  . 

Committee,  special  . oar  ’9 97 

Petitions  presented  . . . •  •  •  •  •  •  •  •  •  •  •  -u.b’  ““  ‘ 

Proposals  introduced — Home  Rule,  Pro.  153  ;  Elections,  Pro.  340  ;  Dealers  m 

Livestock,  Pro.  356. 

TRADES  AND  REGISTRATION  : 

Establish  a  Department  of,  Pro.  140. 


TRAUTMANN,  WILLIAM  E.  : 

Present  and  oath . 

Committees,  standing: 

Chairman  Committee  on  Executive  Department . 

Schedule  . 

Rules  and  Procedure . 

Committee,  special  . 

To  attend  funeral  of  J.  Mack  Tanner . 

President  pro  tem . 

Proposals  introduced — Apportionment  of  State,  Pros.  293,  350  ; 
tion  Of  Officers,  Pro.  190. 

Resolutions  offered  . 

Request  to  be  recorded  on  roll  calls . .  .  . 


. 3,  7 

.  40 

.  41 

.  9 

.  225 

.  567 

.  567 

Time  for  Elec- 

. 4,  71 

.  828 


TURNER,  DR.  A.  E.  : 

Chaplain  . 

VOUCKX,  REV.  JOHN  F.  : 
Chaplain  . . 


498,  499,  501 


INDEX. 


955 


PAGE. 


VACANCIES  : 

In  elective  offices . 

Special  election  to  fill ;  appointment 


176,  177 
.  .  .  .  180 


WALL,  WILLIAM  A. : 

Present  and  oath . .  •  •  •  •  ••  *  *  *  y  \*aY  Vol 

Absent . o5>  210>  225>  491’  538 

Committees,  standing-:  ,n 

Bill  of  Rights . 

Chicago  and  Cook  County .  ™ 

Rules  and  Procedure . 

Committees,  special :  .  a 

To  attend  funeral  of  Edward  C.  Curtis .  riS 

To  attend  funeral  of  J.  Mack  Tanner . .  ....  ••••••  v  •  ■  •  •  •  ;  •  •  •  ‘ 

Proposals  introduced — County  Collector  of  Taxes,  Pro.  2-3;  Judicial  System, 

Pro.  294.  *  4-q 

Resolution  offered  .  0 


WALLACE,  REV.  JERRY  : 
Chaplain  . 


488,  494,  496 


WAREHOUSES  : 

Article  on  warehouses,  Pro.  15. 

Repeals  Article  on  Warehouses,  Pro.  166. 


WAREHOUSES  AND  COMMON  CARRIERS: 

Amendments  in  Committee  of  the  Whole . 

Report  No.  24,  Phraseology  and  Style . 

As  delivered  to  the  Secretary  of  State . 

WAREHOUSE  RECEIPTS  : 

Issuance  of  . 

WARREN,  ALVIN  : 

Present  and  oath.. . 

Committees,  standing: 

Agriculture  . . . . 

Corporations  and  Cooperative  Associations 

Revenue,  Taxation  and  Finance . 

Petitions  presented  . 

Resolution  offered  . 


823 

SJS 

906 


.  3,  7 

.  .  40 

40 

.  .  41 

.  .  227 
71,  72 


WATER V/ AY S  :  • 

Canals  f^ro  47« 

Development  of  water  power  projects,  Pro.  267. 
Improvement  of  lakes,  rivers  and  streams,  Pro.  -64. 
Prevent  encroachments  upon  and  pollution  of  lakes,  river 

265.  „  „ 

Pollution  of  rivers  and  lakes,  Pro.  213. 


s  and  streams,  Pro. 


WETZEL,  REV.  DAVID  : 
Chaplain  . 


740,  744,  752 


WHITMAN,  FRANK  S. : 

Present  and  oath . 

Absent  . 

Committees,  standing : 

Agriculture  . 

Executive  Department  . 

Revenue,  Taxation  and  Finance... 

Petitions  presented  . 

Proposal  introduced — Courts,  Pro.  29. 
Resolutions  offered  . 


. 2,  7 

40,  486,  491,  538,  634 

.  40 

* .  40 

.  41 

"  '  ' .  225 


286,  291.  850 


WILSON,  WALTER  H.  : 


Present  and  oath . 

Absent  . 

Committees,  standing: 

Chairman  Committee  on  Expenditures  and  Supplies 

Chicago  and  Cook  County . 

Public  Works  and  Improvements . 


Petitions  presented  . •  •  *  *  *  *  *  •  ,•  *  v  •  •  •  •  *  . . 

Proposals  introduced— Collectors  of  Taxes,  Pro.  110;  Consolidation  ot  Govern¬ 
ment  within  City  of  Chicago,  Pro.  Ill;  Right  of  Free  Speech,  Pro.  106; 


1.  7 

003 

27 

40 

41 
227 


Zoning,  Pro.  329. 
Resolution  offered,  Pro.  38. 
Resolutions  offered  . 


826,  875,  876 


956 


INDEX. 


-  ■ 


WILSON,  REV.  WILLIS  RAY  :  PAGE- 

Chaplain  . 279 

WOLFF,  OSCAR: 

Present  and  oath . • .  ^  ^ 

Committees,  standing:  . 5'2,  ”2® 

Chairman  Committee  Qualifications  and  Elections  ,  41 

Future  Amendment  of  Constitution . ”  41 

Initiative,  Referendum  and  Recall .  . 

Submission  and  Address . .  .  .  .  . .  797 

Committee,  special . 2c 

Petitions  presented  . 997 

Proposals  introduced — Initiative  and  Referendum,  Pros,  i 3 3  13*4  *  Method  of 
Amending  the  Constitution,  Pro.  280  ;  Method  of  Voting,  Pro.  315. 

WOMEN : 

Jury  service,  Pros.  53,  233. 


WOMEN’S  SUFFRAGE  : 

Extends  suffrage  to  women,  Pros.  20,  34,  299. 

WOODWARD,  CHARLES  E.  : 

Present  and  oath . 

President  . 

Petitions  presented  . 

Committees,  standing : 

Chairman  Committee  on  Rules  and  Procedure... 

Ex-officio  member  of  all  committees . 

Temporary  President  . ; . 

Resolution  to  . ' 

Report  on  vouchers  issued  since  September  12,  i922 

WOODWARD,  CHARLES: 

Present  and  oath . . . 

Absent  . 

Committees,  standing: 

Chicago  and  Cook  County . 

Municipal  Government  . 

Qualification  and  Election  of  Delegates . 

Committee,  special  . 

Petitions  presented  . 

WRESTLING : 

See  Athletics.  • 


3,  7 
7 
31 

9 

41 

4 

875 

917 


....2,  7 
.  .  .  .  254 

. . . .  40 

. . . .  41 

. . . .  41 

.  .  .  .  26 
224,  227 


WRIGHT,  REV.  J.  G.  : 

•  Chaplain  . . .  £04 

YARROW,  REV.  PHILLIP  W. : 

Chaplain  .  52 

ZONING  : 

See  Eminent  Domain. 


RECORD  OF  PROPOSALS. 


INDEX 


957 


•sSuipeaooid  aaqjo 


•pajoateH 


•guipBaa 
puooas  uo  paoBjd 
puB  ajAjg  puB  ASojo 
-asBjq<j  uo  aajjiunuoQ 
uiojj  qauq  pajjoda^j 


•aiA^g 

puB  ASojoasBjqx  uo 
aapjiuirao^  oj  pajjaj 
-ai  puB  uotjuaAuoo 
oj  qoBq  papioda'g 


•aioqM  P 

aajjiunuoQ  ux  dn  uaqBj, 


•siapjo 
jBJauag  uo  paoBjd 
puB  ajqBj  uiojj  uaqBx 


•aapjiunuoa 
uiojj  pajjoda^j 


•aappuuuoa  oj  pajjajaj 
puB  SuxpBai  JSJIJ 


aouajajaj  joj  paauBA 
-pB  puB  paonpojjuj 


CO 

CO 


o  CO  CO 
t'—  CO  CO 


05 

tO 


to  CO 
CO  <M 
CM  CM 


CO 

<m 

<M 


t-h  y—< 

to  to  05 


G 

co 

O 

a 

c 

L* 

a 

o 

o 


to 

CO 

<M 


CM 

CM 


CM 

<M 

<M 


!>•  CM 

rf  ^  05 


<M 

CO 


CM 

CO 


<M 

CO 


<M 

CO 


CO  CO  CO 
CO  CO  CO 


T-H  to 
to  co 

T-H  CM 


05 

1^ 


CO 


05 


to 

CO 

CM 


CO 


CO 

CO 


CO 

CO 


CO 

CO 


CO 

CO 


CO 

CO 


CO 

CO 


05 

I'- 


CO 

CO 


Tt< 

CO 


05 

to 

<M 


CO 

CO 


Tf<  05 

co  to 

T-H  <M 


CO  CO 


00 

CM 


oo 

CM 


oo 

CM 


oo 

<M 


oo  00  oo  00  oo 

CM  <M*<M  <M  CM 


05 

CM 


05 

CM 


05 

CM 


05 

CM 


05 

CM 


05  05  05 

CM  CM  CM 


05 

CM 


05  05  05 

CM  CM  CM 


a 

o 

3 


03 


co 

a 

o 

O 


o3+f 
o  a 

in  a> 
«*-  03 
O  03 

a  & 

•2  ® 
-4>-a 
o3 
y 

o 

a  <m 

23 

o  | 

w  o 

M 


4-5 

c n 

g 

o 

O 

CD 

A 

45 


a 

<d 

G 

X 

<d 


*- 

o 

o 


*4-3  O 

°*s,s 

,2 -M-c 
> 

<D  W 

HAS 

M 


a°; 

CD 

Cfl  . 

CD 

f- 

G"'C  ••  • 

2  aCQ 

c  ©  g 


Ph 

CO  ^ 
<D  <4-< 

*2  ° 
rt  33 


CO 


.5  CD*^ 

bf 

G  O 
CD  G 
T3  G 


■2  r»  i 

rrt  ~  b 

a 


3  a- 


a+jja 


o  g 


® 

a"5  <u^ 

6  a 

*'2.3.2 

2  5  2-g 

fl  ea  g 


as 

a 

(H 

ja 


a 

03 

a 

a 

03 

> 

o 

O 

03 

a: 


o 

a 

o 

•  H 
45 

G 

j-i 

G 

a 

CD 

03 

CD 

G2 

4-5 

5- 

o  ■ 


I 

G 

<D 

G 

73 

H 


45 

g  a 
S  2  a 

^  e  03 

U.  4-5  G 

c3  t-  C  „ 

S  g  €  a  5 

a  gj  S  ro’ 

QCD  o  53  O 
a 

ti-ja  osaa1-1 

"co  y  +3 

•£,  03T3  03 

03  y  a 

a  03  03  2  2 


a 

ja 


03 

-a 


03 

ja 


o 

3 1 

O  +S 

a-r5  3 

o 


o 


a 
S-I 

s-  J7 

Si 

28 

■g  c 

.Is 

43  « 

03  2 

■  a 

03 


4-5 

CD.T2 

D  4-5 

CO  CO 

I-  s 

C2  O 

'3  ^  *3  CJ 

03  CO  C3 
4-3  rt 


<D  _ 

<D*r3 

co'g 

cs.t2 


•  ^  ^ 
^  =  *-r 

o  §  Jj  a) 

o  °  O 


^  o  a)  5  5  9 
rt.2  ° 
o  o  +*  o  +s  o 
hh  Eh  H 


03 

^  C  ^  Q)  bfi  o  P 

O  C3  o  D 
2  a  K  So  ®  03 

a  03  o  o  3^3  ^ 
o'®  o  o  o  o  o 
Eh  HHHhH 


a 
a 

.3  |  a 

^  G'o 

^  03  ^ 
03  x:.  a 
o  -2 
■£  a< 

^  a  a 
;  -a  a 

.S  03 

a  ®  > 

o^2 

•43  o« 

H 


4-5 

a-^ 

o  a 


a  g 

03  O 

2 

>-  a  ^a 

G 

O 

o 


<D  • 

Lh 

a  c 


**•3 

DO 

fl 
o- 
o 


co 

CD 

CO 

G 

O 

^2 

CD 

& 


4-5 

*H 

CD 

43 

4-5 

fl 

o 


•  o 

I 

i  co 

!  G 


•  4—3 

I  o 
I  o 
I  co 


G 

O 

o 

CD 

A 


•  c2 

•-S  ©  o 
1 3  a  -2 

1  o  o  c 

:  § 


c-  w 
b  co 


a- 

o 


<  CO 


8  #  ®  3  3 

C  O  g 

2  aj£  &a 
5  o^a 

oto- 
.5  a  2 
a  ° 


G. 

O 


c3 


w  o  .G  © 

d  o  d  n 

4-5  .pH  4-3  .  pH  -4-3 

<D  +->  <D  -m  (D 

J-.  Jh  Eh  M  ^ 

o*<  o 

H  H  Eh 


G  ^ 

•2I 

o 
a  03 

•a  ^ 

1  s 

O  <D 

OG 

45  ^ 

G  fl 

CD. pH 
CO  -h 

O  HH 

J-  ‘7 

a  g 

^45 

CD  C3 
pG  ^ 
45  O 

Eh 


a  <o 
•43  2  5 
a  £.2 
.ti  0 3  +J 
43  « 

2  °  » 
o^2  a 

"  2 

CO  2 
CD  c 

Lh  ^ 


©73 
.1  G 
c3 


CO  45 

G  G 

©  £pO 


CD 


a  -h 
a 

03 

co 


a  a 
S  o 


2  i 
^  2 
5ph 

43  03 

co  43 


a  or  bf  a 

2-2.S'S 

^  «  «  2 
a  a  a 
pi  o  o  o 


a 

o 

rH 

4-5 

G 

4-5 

pH 

+3> 

CO 

a 

o 

O 

a 

43 


a  2 

03  i 

to  •  a 

03 

a  03 
hhH  P5 


(H  CO 

3.s 


°o 
-  !. 
§■2 
•  pH  O 
45  pG 

O  3 

O  ^5 

C/2  Ph 

73  © 

2g§ 

♦-  ^  Lh 

o  o  o 
HPh 


T-H  M  CO 


tG 


ON  G0  05  0 


tO 


co  oo 


05 


o  i-H 
CM  <M 


uoquin^j 


RECORD  OF  PROPOSALS-Continued. 


958 


INDEX 


•sgmpaaoojd  jaqjQ 


•pa pa  [ay; 


•SuipBaj 
puooas  no  paaBjd 
puB  ajAjg  puB  Ago(o 
-asBjqy  no  aapyuiuio^ 
uioij  qa'Bq  papoda-y 


•  05 

1 

1 

1 

1 

1 

1 

i 

1 

1 

1 

1 

1 

1 

1  T-H 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

I 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1  r-H 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1  05 

1 

1 

1 

1 

1 

1 

1 

'  to 

1 

1 

1 

1 

1 

1 

1 

•  T-H 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

05 

tO 

CM 


aiAg 

pu'B  ASojoasB.iqy;  uo 
aajyuiuiOQ  oj  po.ua  j 
-ai  puB  uoijuaAUoa 
oj  qoBq  papoday 


•ajoqAv  jo 

aapiuiuiOQ  ui  dn  uaqB  jq 


•suapjo 
jBjauag  uo  paoBjd 
puB  ajqBj  uiojj  uaqBj, 


•aapiuiraoo 
uiojj  papoday; 


•aapituuioo  oj  pajjajaj 
puB  SuipBaj  jsjiy 


aauaaajaj  joj  paouBA 
-pB  puB  paonpojjuj 


C3 

Ul 

O 

c 

t-t 

a 

o 

<D 


•jequin^ 


05 

*0 

CM 


O 

CM 

CM 


O 

CM 

CM 


CO 

l-H 

CM 


05 


CO 

■*— I 

CM 


i  co  to  I>»  COCO  T* 

CO  t>»  CM  CM  05 

i-H  h  CM  t— I  CM  CM  y—t 


CO 


05 


05  ^  to 

CO  CO 
T— I  T-H  CM 


I>-  CM  CM  CM 

I>-  CM  CM  05 

i— I  CM  CM  r-t 


CO 


05 


o 

CM 

CM 


o 

CM 

CM 


CO 

v-H 

CM 


CO 

CM 


05 
CO  !>» 


Tf< 

CO 


CO 


CO 


CO  CO  CO  CO 


CO 


CO  CO  CO 


CO 


!>. 

CO 


co 


CO 


co 


oo 

CO 


05  05 
CM  CM 


05 

CM 


05 

CM 


C~  3  r-H 

CO  CO  CO  CO 


T—  CM 
CO  CO 


CM 

co 


CM 

co 


CM 

co 


CM 

CO 


CM 

co 


CM 

co 


CM 

CO 


r 

3 

S_  O  *-,</}>•  w  _  . . 

b  ^  CJ  C3  ‘03 

S^Sjs-l^^g.SO 

c3  ^-2  §  MG 
2acOo!?£'S 

•5  g  G  §  a  a  $.2  feC  .2  ©'2. 

G  ®"G  s„5  o+>  a  S^-S  Q-ti'O 
©  M  G  _G  '?  £  G  J3  0*3*  'C 

§1>§|®:s©I  *Us* 

-O  C  -  M  O  C'O  ^  0 

C  c  "■<  T?  >  e3  c  a  S 
^  O  ®  O  c3  o  S 


t>- 

CO 


oo 

co 


05 

CO 


INDEX 


959 


cs 


lo  10 

CO  CO 
CM  CM 


05 


o 

C5 

CM 


LO 


o 

CO 


05 


CO  LO  05  LO  O 

Tt<  CO  LO  CO  CM 

r-H  CM  CM  CM  CM 


05  05 

1>» 


05 


LO 

CO 

CM 


LO 


co 


CM 

05 


C  co  o 

LO  tT'-  03 
-CM 
05 

co 


CO 

CM 


LO  LO 
CO  CO 
CM  CM 


CO 


o  oo 

05  CO 

CM  i— < 


co 


LO 

CO  co 
1-H  CM 


C5  LO  CO 

LO  CO  r-H 

CM  CM  CM 


CO  CO 

r-  i>- 


05 

Tj< 


LO 

CO 

CM 


OO 

CO 


-rf 


LO 


LO 


LO 


LO 


LO 


LO 


LO 

Tt- 


LO 

Tt4 


LO  LO 


00 

^  Tf  ^ 


oo 


oc  oo 


oo 


00 


Cl  LO 
CO  CO 


co 

CO 


CC  CO 

CO  CO  co 


CO 

CO 


CO 

CO 


CO  CO 

CO  co 


CO 

CO 


'co 

CO 


CO 

CO 


co  co 
CO  CO 


CM  CM  CM 

TjH  -^jH 


CM 

Tt< 


CO  co 

Ttl 


CO 


CO 

Tf4 


© 

G. 

Oh 

<1 


c3 

o 

a 

© 

p- 

G- 

G 

m 


c2 

sz 

CO 

CO 

s- 

© 


orz 


«  2 

-rj  c2 

s  ° 

Z  >> 

I  fc 

©  c 


©  C3  £ 


0  <o 
,rz  *- 
C3i> 

©  c 

©  X. 

53  % 

*3  o 

s  >. 


3 -a 

c3  a 


K  ■*  Ph 

r*trc  co  o  ^ 

r;  C 


tr  £~een  £  £ 

L^(  CC  w  ^  CL 

rC.sx'c  SfflSi 


i  o 

-D 


to  2 

o  — 

X  CO 

5  2 

©  o 

n*  p- 

5  3 

C  co 
©  c3 
00© 

5*3 


o  ;  o 


o  o 
a>_  1  e> 
CO  -  to 

ci^  c3 
s-  c3  *- 
c3 

C.+5  a 
©  ©  © 
CO  •  r4  CO 
**  <D 


© 


— '  CC  -+_<  O  -4.^ 


?  g 
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©  C  © 

-205: 

S'c  I  'S’s’-S 
a  5  |.gs.s 
3  ,£ -5  22  «2 

*.  <n  g  ©  g 


§  § 

t;  as 

2  -S 
■3  g 

3  .5 
2-  3 
to  a 

©  3 

■s  ° 

p-  co 
c3  ra 
G  c3 
©  o 
co  u 

3-5  2- 

c 

2g2: 


?  *  O  -tJ 

5ts  a 

^  c3  O  23 
w  O  »>  9- 

c-i3‘5  5; 

c'3 

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8  g  2^ 

to  J 


a)  s 


3 

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ZO'JE  2 
3  to  -a  ~ 
o,-a  -22 
o°°^ 
to  c  a  2“ 

a  —  o 

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$  fcB 

8.5 

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o 
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a> 

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-»->  c  c 

8 '-2  s 

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O  *ir“3  ci 

_a  to^  o 

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.  o 

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co 

ob 

g 

.  JIIh  ^ 


r— < 

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CO 

£  © 

C 

©  *£ 

«  c3 
£  c3 

o  ' 


CO 

•  pH 

£ 


-  'O 


O-C 

-u  co 


a 
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aj 


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8  w«2. 


_  ^  o  c  a  _, 

s  •  -  o  a  a 


1  .  C-  — <  o  *-<  o 
co  c  p  _ 

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■*-5  W  P—  •r'  *  ■ 


c3  4-h 


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32-2 

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to““  -  .2  a  5  -< 

'0  0®3.S  0.5 


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t-  n: 
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C  G  CO 
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G  co  j 
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r  wC'u 

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pH  Q 

co  o  o1  «h  ^ 
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C4.5  2  -H  '3  3 


O 

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a  o  h  .  -•  . . 

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3  0  o  -g  3  o 

£.5  ®  ?  o  o 
a  xj 
2’3  ■H'OTJ-r 
g’o  xShC 

8  a«  B-a  a 

o  O  O  3  3  O 

HEhH  h 


3 

3  _. 

A  >> 

O  03 

a-H 
•H  3 
-3  O 

a  2 

gE£ 

o  o 

E-a3 

eg 

3  — . 

.2  bf) 

15  3 
S  o  a> 
o  a  55 
3  2  3 

2^« 

-3  3.“ 

3-3 
O  -H 


>.T3  >>  2? 

g  3  gi-5 

azzi 

SIkI 

-2  a  3  S 
3  **  a  3 


§S 

P1 

CO 


^  o 

Ph 

O  G 

«+-H  O 
CO  0 

■P  C^pU 
Ggaio 

§  x.2^ 
8  8-t5  2 


>Lp£ 

co 

© 


c3  CJ 

0,.PH 

© 


,  c 

X  <4-< 

3  a) 

£ 

°  >  ^ 
>»2.S  - 
&  a-3£ 

0  U 

3H>  g  >> 
J2-;  °-a 

tf  3 


3 

3 

O 

3 

<B 


©  3-h 
,-2h  ® 

PS--  ® 

3  >  -*  t_ 

3  o  o  S5 

3  3  H 

o  p.  a^2 

m  O  Oh 

hh 


c'23-_ 

''HO'-' 

.  *  'H  O 

>>>  -g 

o  C3 


r*  w 

Ph  O 

Q  co  r,  w,  o 

-c  O  ® 

c3  G  ph  m 

0  aa5 
H 


o 
©  ^ 
X  © 

pH 

03 


O  h-h 


CM 


-t*  LO 

•*r  -r 


co 

-t4 


h. 


OO 


C5 

net4 


o 

LO 


LO 


CM 

LO 


CO 

LO 


-r+H  lO 
LO  LO 


CNOC 
LO  LO  LO 


C5 

LO 


O  r-H 

o  o 


CM 

CO 


RECORD  OF  PROPOSALS— Continued. 


960 


INDEX 


•sSutpaaaoid  aaq^Q 


'papa  fey; 


•guipnaj 
puooas  uo  paonjd 
pun  aj.^g  pun  Agojo 
-asn-iqy  uo  aa^yuiuioQ 
_ uiojj  qonq  papioday 

~  ‘9lA;g 

pun  Agopasuiqy  uo 
aappmuioQ  cq  pauaj 
-aj  pun  uoquaAUoa 
QJ  qonq  pa;ioday 


'aI°qAV  JO 
aa^iramoQ  m  dn  uaqnj. 


‘sjapjo 
jnjauag  uo  paonjd 
pun  a{qn;  uiojj  uaqny 


•aa;yunuoo 
uiojj  papioday 


•aapjiunnoo  o;  pauajaj 
pun  guipnai  jsjjy 


•aauaiajaj  joj  paounA 
-pn  pun  paonpojquj 


o 

c. 

o 

Ut 


c 

© 


•jaqtnnj^ 


'  '  1  1  1  »  1  till 

10 

C3 

C3 

1C 

1 

1  lO 

CO 

1 

1  CO 

CM  CO  CO  cb 

<N 

1 

1 

1 

'  CM 

1 

1 

CM  CM  CM  T— 1 

IO 

CO 

CO 

to 

1 

1  lO 

Ol  i-O  i-O  1— 

CO 

N 

r>- 

co 

1 

1  CO 

CM  CO  CO  CO 

CM 

CM 

1 

•  CM 

CM  CM  CM  t-h 

1C  »C  LO 

i>-  t>-  co 


:  C  co  o 

*  CM 


CO 


OO 


co  o 

ON)  CM 
CM  CJ 


o 

CM 

Cl 


co 

(M 


CO 

CM  — 
CM  CM 


OO 


oc 


OO 


C5  O 


^  ^  Pr*  ^  Pr 


o 

10 


CO 

T*< 


CO 


co 


CO 


CO 


CO  CO 


CO  CO  ^ 

rj’  rj<  ^ 


^  Tj-  ^  -rf- 
rf  rf 


Tt« 

T?* 


Tf 


T* 


O  § 


■£>«] 

o  ! 
&  : 
o.i 


>> 

c3 


>  rJ1 

f  8 

«—t 

©  2 
©  *G 


DO 

C 

O 


G  X 

©  gs~ 

*?  x- 
>  c* 


3  G 
c3  c3 
rr  x 

>sPS  G  O 
■*i  O  _G 
C  o  0,-H- 

5  a  a  a 
n-H  o  o 
O  ko  a 

_  a  _  3 

£>  3- 

a!i! 

§!Ig< 


oT? 


X 

C 

© 

© 1 
X 
C 
U 

© 

t4— 

o 

X: 

HH  ^ 

o' 

75  ■ 


c 


ZZ  P 


«0Q 

'  -4-3 


O 

b* 


-*-3  0-4^^ 
—  =  g  «  C2rO 
C  ~G  G  JZ 

ZT’43 

o  _g  O  C  O 


o 

oc  "o  _2 
o 


Zj  ©  •  ~ 


c  £ 


•  1  ^ 
—  »  w 

I 

?  :.2 


I  g 

:  ® 

i  H 

•  3 
>  s- 

i  eg 

•  r\ 

!  o 


:  b 

0)  2 

Cw 

■  g]S 
c  -B 

O  -3 


.r  o 
.©•£ 


- 

o 


c£ 

•42  c3 

S  3 

s  tc 

■  ■  ' 

—  $: 

S  o 

s| 

o  a 

8 
G*  w 

£< 

c  — 

_  X  c3 

.5^  ^  o 

~  0  5  -  « 


OQ 


=  b«- 

ce-^  o 

_ _ _  - 

■ge-S  o.Ss  *  S  - 
SC>'2>^t?-2 
a--  o—  o  o  “  a 

-  -  ~~  *  *  ^  »  P2  w » 

~  -G  GZ  PZ  c  ~ 
C-^c^Oc^O 

Gh  Gh 

c  r- 


=  o 

G  « 

c3  o 


So  o  ^ 
a  ®  o 
o  a 

i-  ^  *J  P  ■„  -U 
®  1-5  ^  CL  .O 

U1 


P-J2  a- 


ClS  - 


CO 

’o 

d 

ZZ  -4-3 

H-  c3 

-j  > 

w  O 

o  — 

ZZ  P 
c3  o 

S  £ 

G  O 


c5 


CO 

O  — 

fc£-  — 

«» 

t-  “ 

o 


j-  rs  ^  « 

-a£a 


c  to  • 

£  o, 

-  X  r- 

c  *-  a  >i 


.  o 


1  »  c  ,u 

■  ®  a  to 

1  mSt 

■  a  a-  a 

—  a - 


>-.  to 


>  52.— 


—  -  52  _a  J  ^ 

-  —  •—  — r  to 


o  o 


aaa  ^3  ^  o  S 

n  ®  r  2. 

£  ‘a  ®  5  "a  P-  - 


rtCuO 

aq35s~  >>  >> 

00 


Q.  —  O 

5^ 


c3  w 
X 

c3  G 

+*  o 


m  7Z, 

c  c 

G  -G 


O  ^ 
O 


£2  O 

"C 


iO 

o 


CO 

CO 


c  G  c5 

Xb£ 

z:  ^2  ^  "G 
G  G.G  £ 

S§-£  § 

5  68  0  fc. 

^£'3  ® 
§  S-5  " 
®  o.S  a1 
c  a  -.a  o  >-_£ t:  „  M 
Oo3>^aJ>£^C 

e  «  -c  =  b2-^-=-3 
._  -  a  c 

tSc^o^oc^ooSi; 
h  H  pajQp 


-  3  0  -  ?  3  £ 

|.f  8j§  £i5l3  »  2 
aIS.-5'C  bi'S  ol£  “■ 

M  «•-  g.Si.  Up  t, 

•S-l^  2  Sf  -S  ° 
s-S  c.s  £  s  S  « 
O  P  s  S  5  a  ^  x  2^*5 
g  ? :  0-3^  -  ~ 

C  _ _  cr  *0  G 

w  c3. 


—  — ^  '4-3 

®  ^  g  C 

~T  w  C  »  ^ 

a  «  ^  c<-  ~  ~ 


b£  — 

0.2 


X  ©. 


r-c  a  S  S.o 


OO 

O 


c:  o 

CN 


^  (M  CO  ^ 


-  aJ2  |  =  o  ® 

ct  -C  ^  C3  C  *^-G  > 
§pso  .  5  >>■5^ 

*  =  5-^ 

£3'Cv=on£°3 

—  C  G  G  -2  G  p-  ^  o  5R  G 

® £  k S  = 

^a,£:g-^©”c6c3«§ 

m-S.c  =.a  » 

2Za2cI-5  2  5  as 
r-a  a^  fc'3'a'g  £“-2  £ 

-  ~5  ®  u  s  ~  a:  “  =  a  a 

c3^XOO®'>^OGO'^ 

PlnafeH  H  H 


LCCN  X 
t>- 


C3 


o 

00 


INDEX 


961 


t-H 

05 


CM 

05 


1C  05 

i  iC 

CO 

o  co 

i 

i  lC  lO 

i 

1 

CO 

■  CO 

05 

CO 

•  CO 

05 

05  ^ 

1 

05 

1  05 

05 

05  »-i 

'  05 

05 

05  — 

i 

i 

i 

1 

i 

O 

C5 

05 


CO  1C 

05  CO 

CM  05 


05 


05 


O 

05 

05 


O 

05 


1C  co 

»  iC 

05 

CO 

o 

co 

1  CO 

05 

CO 

05 

05 

'  05 

05 

05  — 

iO  iC 

CO  CO 
05  05 


CO 


05  05 

05  CO 
05  i-H 


05 

Tt< 


1C 

co 

05 


iO 

CO 

05 


05  O 

05  CT5 

05  05 


05  iO 

05  CO 

05  05 


-61  C  J 


RECORD  OF  PROPOSALS— Continued. 


962 


INDEX 


•sguipaaoojd  jaqjQ 


•  pa  joa  Cay; 


•guipBaj 
puooas  uo  paaBjd 
puB  ajAjg  puB  Agojo 
-asBjqj  uo  aajjiuiuiOQ 
uxojj  5fouq  pajjoday; 


'aj^S 

puB  Agojoas^jqj  uo 
aajjiuiuiOQ  oj  pajjaj 
-ai  puB  uoijuaAuoo 
oj  sjouq  pajioday; 


•apqM  jo 

aajjirauiOQ  ui  dn  ua^Bj, 


•saapjo 
jBiauag  uo  paaBjd 
puB  aiqBj  uiojj  uasfBj^ 


•aajjtuiuioa 
uiojj  pajjoday; 


•aajjtuiuioo  oj  pajjajaj 
puB  guipuaj  jsjtj 


■aauajajai  joj  paouBA 
-pB  puB  paonpojjuj 


os 

CO 

O 

a 

o 

U 

C, 

<—> 

o 

0 


•jaquin^ 


1  1  '  '  1  1  1  1  1  1  1 

to 

05  05  lO 

to 

i 

i 

1  CO  CO  CO 

CO 

lO  *"H  CO 

co 

i 

i 

'  CM  CM  CM 

CM 

cm  h  eq 

CM 

i 

i 

l 

l 

i 

i 

1  CM  CM  CM 

i 

f 

CM 

tO 

ONiO 

to 

l 

l 

•  CM  CM  CM 

CM 

co 

COrHJO 

co 

i 

l 

'  CM  CM  CM 

CM 

CM 

CM  T-H  (M 

CM 

i 

l 

« CM  CM  CM 

CM 

Oi 


05 


co 

!>• 


CO 


CO 

o 


CO  CO  CO 

CO  CO  O 


oo 

CO 


oo 

CO 


oo 

CO 


OO  OO  OO  00 

CO  CO  CO  CO 


oo  oo 

CO  CO 


oo 

CO 


oo 

CO 


05 

CO 


05 

CO 


o 

CO 


o  o  o 

CO  CO  CO 


tO 

CO 


tO 

CO 


tO 

CO 


ic  lO  to  to 

CO  CO  CO  CO 


to  to 

CO  CO 


to 

CO 


CO 

CO 


CO 

CO 


CO 

CO 


73 

0 

b£ 

t- 

ci 

rC 

0 


co 

0  — 

CO  73 
C  c3 
X  c3  a 
O  4-5  n 

:o  ; 

&  c3 
S  o  ^ 
a  o  o 

33  g 

■°  a  o 

GO  ^  J2 

>>  o3 
fl  2?33 

2  g;  . 

3  O 
O  “ 

23  « 
b£  O 
©  c 

CO  7 

£■•3  2 

o  — 

2  -2^ 


a>  >i 

g.-s 

gO 

a>  a> 
>-3 
o 

MG 


S 

a> 


+= 

- 

ft 

u 

o 

-2? 

G 

a 

o 


til 

o 


a> 


G  O 
O  « 

So 

■ 

^  g.S 

o-^  c-c 

Eh  H 


g  £ 

cS  S 

§o 

SO 

■5  33 


••4-  0 

o  -2 

.  c3 

5*  o 
o 
o 


§  G 
o 


o 

a 


.g.S  oqcq 

45  ” 

c3 


0 

4-5 

ci 

-4-* 

GO 


G  o 

o  ^ 

CO 

0  «+h 

^  O  co 
a  ® 
0  C3 
0  ^  og: 

G  §  ~;S 

CG  S  a3 

-t-,  Q)~ 

.S’H  *  3 

?  «.s 


tH  ~ 
<  * 
«4_,  ^ 

H  °  G 

go  3 

■  2<m  g 

O  ^33  « 
=  X  C  O 
ei  cS 

+;  ^o  G 

°£HO 


0 


.t:  g  - 
S-2~ 

« "8  k  g 

g  *<oa 

d3^-s| 

fai-^  ®‘C  a> 

Il|b 

G=  8 

O  o  o  o  o 

SSh 


0 
co  r 
0  3 
0  O  £5 

«  -H  *rH 

0  +->  c-; 

_T-  O  P 
ri  u-4 

-rr  O  ao 
O '■*' 


;-§ c 
>  53 -J3 
7333  3 
_Q  C 
3  S'+j 
1/2  33  § 
g  O  « 
|U- 


CO 


c3 


co  - 

4-5 


Jm 

0 

i 

i 

i 

G 

1 

1 

1 

1 

• 

1 

1  45 

'  G 

1 

1 

:-g 

!  >> 

1  45 

1  «4_r  fcc 
itG  x 

'"G 

G: 

45 

O 

i 

i 

i 

ft 

o 

ft 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1  0 
:.S 

I 

1 

1 

•  0 

i  G 

1  x 
:§ 

ill 

!  d 

i 

1  CO 

G2 

0 

3 

i 

i 

i 

d 

tn 

1 

1 

1 

1 

1 

'  1 

1 

1 

1 

!  ^H 

1  0 

1 

1 

1  45 

'  S 

;o 

»  t£ 

1  a; 

;  0 

ro 

co 

i 

^H 

1 

1 

1 

1 

!  o 

,  45 

1 

1  a 

i  0 

/-V 

'  G 

i  •  — 

: 

«  0 

u 

0 

^  4^  X 

>  ci  o 
0’S 

■g  feS 

^  -tf 
O  G 

o 
0 


ci 

33 


o 


co  ^3 
fl  O 


33  0 

co  ^ 

>i  o 


c3  c3 

is  ® 


frH 

^  0  3 
0-^0 


-  ci~ 

o  ^  .  co 

-H  -t*  +5  4-5 

4^  O  ^  C 
0  0  -J  2 

4-  .x  — h  ^  c3 
C  —  0  C 
g  <n  o-- 

fcl  3  5  C343 
33'-_s  p£  G 
O  *-  o  ,pH 

r|| 

033''-''-=  <M 
32  G 

eS  «3—  O 

2  o  5R  ”2  c 

83  g  rt  g’-S 
gp-,  ac5 


CO 


CJ 
-  o 

G  •  -« 


CJ  c 
o  c 


44)  -4-a 

ci  & 

G  G 

s  s  M 

®  o.S  _ 
3333  cj  o 
G  G  G  ® 
C  O  3® 
c  - 
CO  CO  HH 
CO  CO  44>  HH 

0  0  c 
0  0.^0 
«4-l  <4-.  <4  ^ 

0  0  O 
TT70  ^  0 

ss-l| 

ft  ft_rt  ^ 

o  o  o  o’ 

hhtih 


13^ 

oO- 
3  a>> 

-s'S  ® 

.  G  O 

^  §.‘-3 

G  o  ° 
•3  ,£3  05 
o  4;  —I 

^•Sg 

>  GW 


2  5 

o  o 


G-' 
—  fc. 


^3  3 
3-  ° 

3  — 
O  3 

o  s 
c3q 

‘o  ® 

-G 


O  -u 
•-  «-  O 

G*3  Q  <K 

o  3m 
N  33  aj-33 
-3-  G  i  C  »l 
c3  °  a> .«  ®  "g 
£33  £-£  S  3 

^  _  C  «1 

®Eh  Eh 


>j  o 

33  cc 
—  OG 

O  G 

w  3 


°o 
2  >» 
5  2 

S  3 

4-5  O 

•SO 

O  *4-h 

ft  o 

g-33 

ci 

ci 
0  O 

g:  pq 

44  ^ 

0 

o  +» 
^  >> 
0GO 
go 
>  0 

P  rt 

a2 
o 
O  w 


Ch 


CM  CO 


OOOOhh 
—  CM  CM 


<M  CO 
CM  CM 


CM 


tO 

CM 


CO 

CM 


INDEX 


963 


o  o  o 
cm  oo 

r-H  CM  CM 


C5 

Tt< 


0»0  10 

^cooo 

H(N  h 


CO 

co 

CM 


O  o  o 

Tf<  Ci  CM 

r-H  CM  CM 


O  40 

CM  CO 
CM  CM 


o> 

t'- 


40 


05 

t'* 


40 

CO 

CM 


o  o 

CM  00 
CM  CM 


fc> 


CO 

CO 

CM 


O 

CM 

CM 


O 

CM 

CM 


co 
CM  0-1 


CO  co  O  05 
N*HCO 
'  CM  CM 


05  lO  40 
CO  00 
CM  T—i 


CO 

CM 


CO 

CM 


CO 

CM 


O 

co  ts- 

CM  rH 


05  o 

Tt«  05 

t-h  CM 


co  to  co 
^  ^co 
CM  CM  CM  i 


CM 

CO 


CO 


40 

co 

CM 


05  05  05 
CO  CO  CO 


o 


o  o  ^ 


40 


40 


40  40 


40 


*o 


40  00 


co 

oo 


CO 

oo 


00 


Tt< 

00  00 


oo 


CO  < 

CO  < 


o 


t>- 

CO  CO  CO 


l>- 

co 


co  CO  co 


Is-  OO  00 

CO  CO  CO 


co 


co 


co  CO 


co 


co 


CO  40 


r— 


RECGRD  OF  PROPOSALS— Continued. 


964 


IXDEX 


•sgtfipaaaojd  jaqjQ 


•pajoataR 


‘SuipBaj 
puooas  uo  paoBjd 
puB  ap£js  PUB  ^3oi° 
-as-Bjqj  uo  aajjituuioQ 
uiojj  qouq  pa;jodaR 


-aiAg 

puB  AScqoasBjqR  uo 
aajjiuiuio;^  oj  pauaj 
-ai  puB  uoijuaAUoa 
oj  qauq  papiodaR 


•aioqAV  J° 

aajqiuiuiOQ  ux  dn  uaqB  j, 


•s  jap  jo 
jBJauaS  uo  paoBjd 
puB  ajqBj  uiojj  uaqBX 


•aajjiuuuoa 
uiojj  pajJodaR 


aajjiuiuioa  oj  pajjajaj 
pun  Suipuaj  jsjir 


•aouajajaj  joj  paouBA 
-pB  puB  paonpojjuj 


C3 

Xfl 

O 

— 

O 

u 


o 

© 


t'-  t>- 


O  ©5 


1  1  II  I  ■ 

0 

ID 

ID  ©5 

0  CO 

10 

CO 

CO 

05  t?* 

05 

05 

05  ^ 

C5  rH 

-  I 
I 


c  INNNNNN 

C5  iNNNNNN 

05  IHHHHHH 


N  N  C5  C5  w5 

NNNNN 


©5  ©5  ©5 

L'TNN 

05  i— i 


O 

05 

05 


O 

05 


I>-  O* 


CC  CO 
CD  l>- 


C3 

iD 

ID  CO 

ID 

CO 

CO 

C5 

05 

05  — 

:  ^ 

•  CO 


O 

©5 

05 


i  N  t>-  N  N  t''-  N 
i  t>-  £"*  t>-  t'-  £"• 


co  co  co 

t>.  !>.  O- 


©5  CO  CO 

»CNN 
05  t—  i— . 


oo  oo 


^  rt«  o 

OO  OO 


o 

03 


o  o 

©5  ©5 


o  o 

CD  ©5 


©5r^©3©3©3©5©3©3 


©5  ©5  ©5  : 


.  .  05  05 

:  D  C  O 


Ci 

!>■ 


CD  ©5 


05  O* 


O'.  05  05  05  c  c  c  c 

oooo  oooo 


oooooooo 

OO  00  OC  00  OC  00  00  CO 


m 

o 


a  .2 

-  § 

■a  tc 


;  >. 

I  -4-> 

io 

I  © 


+3  U 

c  c 

©  u~‘ 

£  5 
c.2 

«  <3 
>  "C 
O— ! 

O' 


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RECORD  OF  PROPOSALS— Continued. 


966 


IXDEX 


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00  C5C  ^ 

03  CM  CO  CO 

CM  CM  CM  CM 


INDEX 


967 


CO 

to 


C5 


05 


CO 

to 

tr^ 


cm 

40 

N 


05 

CO 

t-h  co 

-to 

oc 

co 


o 

cm 

CM 


05  CO  CO 

to 

1 

OlON 

1  CO 

tO 

to 

to 

l 

CO 

'  co 

05 

NiOC5 

CM  CM 

CO 

CMCON 

•  CM 

co 

CO 

CO 

l 

CM 

1  cm 

Hf< 

l>-  CO  ^ 

t-h  CM  CM 

<1 

CM  CM  t— 

•  CM 

CM 

CM 

CM 

t 

CM 

•  CM 

TH 

TH  CM  TH 

T-H  CM  CM  T-H 

o 

CM 

CM 


o 

CM 

CM 


CO 

CM 


CO 

t-H 

CM 


O 

o 

CM 


co  r— 


o 


05  CM  CM  tO 

h*  CM  CM  CO 

t-h  CM  CM  CM 


CO  tQ  t>- 

^  co  r» 

CM  CM  T— t 


CM  to  to  to 

CM  CO  CO  CO 

CM  CM  CM  CM 


CM 

CM 

CM 


CM 

CM 

CM 


05 


MOQ 

t^CO^f 

T-H  CM  T-H 


CM  40  40  HjH 

ci  rococo 

-HCMCMrH 


C5 

05 


o  o 

O  O 


O  O 

o  o 


o 

o 


o  o  o 
o  o  o 


o 

o 


o 

o 


O  O  O  T-H  T-, 

o  o  o  o  o 


o  o 


t-h  t-h  CM  CM  CM  CM  CM 

o  o  o  o  o  o  o 


o 

oc 


co 

00 


sO 

oo 


co  CO 

oo  00 


CO 

00 


CO  CO  CO 

00  OO  00 


CO 

00 


CO 

00 


O  CO  CO  N  N 

CC  00  00  00  oo 


oo 


oo 


00  00 


oo 


OO  00 


r-  cc  oo 
OO  GO  oc  oc  OO  00  oc  OO 


£ 

"3 

5. 

1 

« 

Si 

2. 

_0 1 

~o 


3 

a 


© 

■j i 


s 

•  M 
-w 

^ 

-+-*  1  •  ^ 

m  1  *7* 
3  ;'e 

1  ■+-> 

1  ■— 

1 

1 

I 

1 

1  <*-. 

•  c 

1 

;> 

1  *-•—> 

'  o 

i  HH 

!  .£?  ° 

:  a 

-O 

§2 

+5  , 

P  > 

M  | 

Hi  • 

1 

1 

1 

c3 

o 

s 

.  £  53 

1 

1  H-H 

1 

1 

1 

i 

■  ^o 

•  > 

'  o  2 

©  ^ 

CO  <4-1 

O  1 

1 

>5  ' 

1 

1 

1 

Hi 

©  o<— 

1  HH 

1 

|  SJ 

•  O 

i  •  — » 

£_  O  . 

l 

i  r*^ 

1  1  1 

1 

<D  '  O  O 

O 

'  >)  » 

1 

i 

d 

■  c3  ' 

1 

c3  i  oo  oo 

<D 

;  a  ; 

1 

1 

-H-  1  T— 1  r-H 

GO  1  <4-1  <4-4 

3 

•  fH 

'  <4-  ' 

!  °  ! 

1  coT5 

1 

l 

t 

1  O  O 

o  •  £ 

jC  1  S  G 

c:  o  o 

!  «  rt 

To 

O  3 

H 

a 

To 

Hi  o 
H 

•*-'  O  O 

r  f  . 

CM 

co 

-f 

»o 

CO  1- 

co 

CO 

CO 

co 

co  co 

Cl 

Cl 

Cl 

Cl  Cl 

ttM  «• 

fe  a  b. 

o  a  z>- 

o  53“^  N-c 

”  0)3> 
o'—  ao. o 

fc*  O.  O 

°°  i-  O  ~_3  C3  ~* 

"  O'*-  o  ©  c 

H  H2!.£H‘ 


15"-  a 

^0^3 

;  g  5  « 

-  --  °  >> 

•»*■**!  cm-sj  :  -  “t= 

;  s,ag®  s-ass-a®il 

,©0©0©o£.£oco<t'© 

;  ‘-*3  ‘-*3  >  n  „  3—  3  t, 

»  h/  'o  in  O  ri  ^  **—  "±Z  O  ^3 
;  <uj:  t-  g.a  0  si1*-  „ 

■  *e  -  a—  Co  si*® 

[—  2-rt.2- 3  8-c  o'C  3  >< 

>.hO. 
t— .  *-•  v 

O  n  1 


5  c3 

H.  o 


Sm  . 

C  • 

<-*-«  o  H-i 

§  H  "OQ  to 

-J  f  §  § 
g-oo 

3.2  ©  © 

~z  ~x-~  -c 

S'*-1* 

‘o  ao  c 

3  c«—1— i 
3  -£.0.0 

.2  ©  5  o 

V}  -O  V  -u 
c  ©  <J 
Sec'S 

0  ©  H  |  £ 

g-s  c  “ 

3  C  O  in 

w  O  O  3 
_  O  <D  CO 
g-M  o  ©  OCQCQ  o 
£  a0Z  © t3 "0 t-> 
»Sc>Sflcwi 
•p:  ©CC  C  «  o  o  c 

x  ©  >-  a  S  S 

^  c  cj  cS  Ci 

0—0  o 


— H  »c  r  ^  GO 

•t<  -t*  -H 
Ol  'M  CM  CM  Cl 


O  him  CO  -H  »0 

tO  iO  »0  tQ  iO  tO 

CM  CM  CM  CM  O-l  CM 


<D 

HE-1 

co  r^-  oo  C5  o  t-h  cm 

tO  to  »o  to  CO  CO  CO 

Cl  CM  0-1  CM  CM  CM  CM 


RECORD  OF  PROPOSALS— Continued. 


968 


INDEX. 


•sSutpaaaojd  laq^Q 


•pajaotoR 


•SuipBai 
puoaas  no  paoiqd 
puB  ajA}g  puB  A2ojo 
-asB-iqj  uo  aapquiuiOQ 
uiojj  qouq  pa^-iodaR 


•aiA^g 

puB  Agoioosujqd  no 
aapquiuio;^  oq  pauaj 

-ej  puB  UOIRiaAUOO 
o^  qaBq  pa^-iodaR 


•aioq.vv }° 

O0p;iuirao3  ui  dn  uaqBj. 


■saapjo 
jB.iaua2  uo  paaBjd 
puB  aiqu;  uiojj  uaqBx 


•aapqrauioa 
uiojj  pa^aodaR 


'aapqiuuioa  o}  paaiapJ 
puB  Sutpuaj  }SJtR 


•aauaiajoj  joj  paauBA 
-pB  puB  paanpoj^uj 


C3 

CC 

O 

a 

o 

C, 


•joqum^ 


CO 

cm 


1-0 

CO 

CM 


to  o 

CO  ^ 
CM  i-H 


crs 

co  ^ 

CM  »-h 


<M 

O 


CM 

o 


CM 

o 


CM 

o 


CM 

O 


CM 

O 


CM 

O 


CO  CO  CO 

o  o  o 


CO 

o 


CO  CO 
O  O  ' 


CO 

o 


CO 

o 


CO 

o 


CO 

o 


oo 

oo 


00 

00 


oo 

oo 


oo 

00 


oo 

oo 


oo 

00 


oo 

oo 


oo  oo  oo 
oo  oo  oo 


oo 

oo 


OO  C5 

oo  oo 


Ci 

oo 


cn> 

00 


cs 

oo 


O 

oo 


c 

c3 

co 
s- 
0 
> 
go 

g 

£ 
o 
& 

©  '  <0 
03  3 

e!  0-3 
to  ■** 
w  Ct  4. 

eg  o 

■+-*  J—  r-> 

0  0  G 
,d  O  0 
-  > 
a.£  2 
i£  >>  a 

co  r- 

ca  c 

C  cS  — 
•43  a  as 
iTc  — 

g'ST 

«  =  5 


c3_P 

X  ° 
<3 
co  O 


o 

-p> 

-*a> 

CO 

fl 

o 

0 


o 

X 

hH 

0 

[3 

v> 

s- 

<! 

o 

£ 

c3 


0 

c 

0 


^  o 

C  XT 

GO  *C 

S-.  £ 

0  o 


^  o 
o  +a 
co  C 

|? 

C2  O 

0 


©  o 
-  0 


<3  02 

-p> 

co p 

<» 


°  £ 


0  I  c  1  w 

-  £  5 

^  o’IS-SpO 
^  °  §  2 
^  bCCp 
^ 

0 

03  u  £ 
ofe  ©5M2 

I  Jts 

V,  S  O  M 
0)  G  C3  3:  S3 
*3  CD  &"1 

ej  O  u  - 
a  o  ,5t3 
>-  %  3  e 
o  03 

&  q,*P 

•+^  ^  rp 

P  o  ^  ^  o 

c  soS 
a «-  ?c3  g 
c  c  -  u 

- - -  U-.  *0 

C  o  S- 
>  71  fcC  ?  C3 

Ot?  S  c  ^ 

— »  O  Q"~* 

^  .P  pa  2 

0  -pa  Cj  /-« 

-0  ^  P3  0  P 

cJl  o’^  ~ 

i»3 

c  J3 


I  CD 

=  -3 
O  cS 

v  c 

(1 

o 


P>  "O 

03  C 
c~  3 


CD  w 

2  £ 
o  « 


cc 


“1 
c3  . 
o  p 

g 

b£-^- 
c3  ° 


CD 

TJ 

C 

o 

-Q 

03 

+3 

c3 

+3 

CD 

O 

c 

p 

X 

C3 


0.2 
.t  3 
S’a 

&  c 

0  c 
^  c 

_  0 


O  * 


1  ^ 
mc  2 

c  0  c 

*2  £'£ 


o  03 


.2^0 
.2  CD 
-Z  S3 

•  —S  W1 

0  P 


.2  ^ 

'•p  c  0 

^  C  -*a 

S3  .2  t-. 

^  c3  - 


p  c3 


0 

-p> 

3 

Co 

Co 

o3 

O 

<4— 

O 

CO 

0 

b£ 


0 


■«  0 

3 

0 


c  p3-^‘3  13 
“\S  03  g 
£.22  c  ^  ^ 

.-03^^00 

>  J3  t.  £_C  c 

E  “  S3  5  «  3 

"(*-  rr1  C  _P  a- 
^  c  3  -2  <73  0  w 
C  ^  C  ^  ^  0  3 

^1^30 gg 


gp  t 
S  2  2 


fc£ 


O  c 


c 
c3 


^o-r  w  - 

0  L-  C  PH 

-°?  Sts  2 2-2 

~  ' 

o  G 

£ 


03 

.2  >•. 

+3  O 

id  *" 

rc  p. 


-  5-  •; 

0  r- 


CO  ^ 
CM  CM 


iO 

O 

CM 


CM 


°c 

CM 


1  C 

Ci 


r- 

-*-3  p 
G n  C3 


—  ^  in 

-2  03 

-3  3  “ 

H  _ _ 

S  g  2 
>0  £.2  3 
«  -5  5  g 
0.2 

3  G  ’B.’S  =s  c 

(.2-Sis 

-  —  c  C  O 

_  g^- 

G  a  S3  S3  S3  G 

lliilil 

3-  3  ■-  a  5  2 

a  $  a  co  a  q 


s- 

G 


-3> 

cS  C3 
S3 


®  >  3 

>  S3  — 

;  •-  sT) 

3.*"  2  3  03  = 

S3  03  g  ^  tf  — 

-3  a o  ®ho 

-+S  c  cS  ^  ^ 

>(Gg  O  G 


C  >.' 

CO  "3  S3 


‘  2sO  £ 


s3.-e  c 


c  g-s  p.a 

-  g  S3  fe  -, 


S3  < 
-P> 


0-—  GC  ^od  0* 
cc  P  CO  ^  0  s- 

“  s<  H,a- 


G 

&s 

so 


03 


CD 


o  o  o  0 


gl2«Pi 

is  n  S3  ci  C  -S5  2 
“  n  2  -'r; 

=*.  3  g  S'-  2 
=  05  «  G  3 
G  m  -2  ©  %  £  £ 

-  3 --a;  Z  >  cs^ 

a§  ■ 

5c  Lc  bri  2£ 

■g  >  ro  g'S^^  g  f 
2^  o  a^S  s2io 
c3>a>-5  -a: 

OOC^C^O^v 

H  rr-  g" 


r— 

CM 


rH  CM  CO 
t—  t — 

CM  CM  CM 


T 

CM 


CM  CM 


CM 


OO  C5 

r- 

CM  CM 


judges,  officers  and  employees  of  courts 


Relative  to  the  method  of  calling  future  constitu 


index.  969 


1 

1  05  « 

Ci  « 

1 

1 

1  I 

1 

•  1 

1  » 

1  1  1  1  1 

CO 

1 

t  1  1 

1 

1 

11^.  1 

1 

l 

1 

1  1 

1 

1  1 

1  1 

1  1  1  1  1 

CM 

1 

1  1  1 

1 

1  1— 1  1 

T-H  1 

1 

1  1 

1 

1  1 

1  1 

1  1  1  1  1 

CM 

1 

•  1  1 

1 

1  1  1  1  1 

1 

1 

1  TfH  1 

1+0  1 

1 

1  1 

1 

1  1 

1  1 

1  1  1  1  1 

1 

1  1  1 

1 

1C-  1 

r>»  1 

1 

l 

1  1 

1 

1  1 

1  1 

1  1  1  1  1 

1 

1  1  1 

1 

1  T-H  | 

1-H  1 

1 

1 

1  1 

1 

1  1 

1  1 

1  1  1  1  I 

1 

1  1  1 

1 

1 

1  1 

1 

1  1 

1  1  1  1  l 

1 

1  O  1 

O  1 

1 

1 

1  1 

1 

1  1 

1  1 

1  1  1  1  1 

1 

1 

1  cO  1 

co  1 

1 

1 

1  1 

1 

1  1 

1  1 

1  1  1  1  1 

1 

■  1  1 

1 

1 

1 

1 

1 

1 

1  t-H  1 

1  1 

1  1 

1  1 

1  1 

r-H  1 

1 

1 

• 

1 

1 

1 

1 

1 

1 

l 

1 

1 

1 

1 

1 

1 

1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1 

1 

1 

1 

1 

1  1 

1  1 
»  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1  1  1  1 

1  1  1  1  1 

1  1  1  1  1 

1  1  1  1  1 

1  1  1  1  1 

1  1  1  1  1 

1 

1 

1 

1 

1 

1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

1 

1 

1 

1 

1 

1 

1 

1  Tt<  ^ 

1 

1 

1 

CO  10 

Ci 

CO 

O  IO 

1  Ci  CO  ICO 

OO 

1 

10  Ci  1 

0 

1  CO  0 

CO  1 

t 

1 

t'-  CO 

Hfl  !>. 

CM  CO 

UON  iTf 

CM 

1 

CO  t>-  I 

CM 

'  Cl  1-1 

Cl  1 

1 

1 

T-H  CM 

r-H 

T-H  t-H 

Cl  CM 

1  CM  CM  1  t-h 

CM 

1 

CM  t-H  1 

CM 

1 

1 

Ci  1 

1 

1 

1 

1 

l>-  1 

1 

l 

1 

1 

1 

1 

1 

1 

1 

i-H  1 

1 

1 

1 

1 

1 

l 

1 

1 

1 

1 

1 

1  1 

1  1 

1  1 

1  1 

• 

1 

1 

1 

1 

1 

I 

1 

■III  II  1  »  II  1  1  1  1  1  •  1  1  1  1  1  1  1  1  1 

1  1  1  1  11  •  1  11  1  l  1  1  1  1  1  1  r  t  1  1  1  1  1  1 

1  ■  *  *  1  1  1  11  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1  » 

•  1  1  1  II  v  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1 

1  1  1  1  11  1  1  11  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1 

1  1  1  1  ii  •  1  11  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1 

ii  1  1  ii  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1 

•  1  •  »  1  *  *  *  11  1  1  1  1  1  1  1  1  1  t  1  1  1  1  1  1 

'ii  1  '  1  ■  11  1  11  11  1  1  1  1  1  1  1  111  1 

11  1  1  11  1  1  1  1  1  1  1  1  1  1  1  1111 

1  '  *  '•  1  1  11  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1  • 

•  1  11  1  1  1  1  1  1  t  1  1  1  1  1  1  1  1  1 

•  ill  11  1  •  ii  ,  11  11  1  1  1  1  1  1  1  111 

11  1  1  11  1  1  1  1  1  i  1  1  1  1  1  1  1  1  1  1 

11  *  1  11  1  1  1  1  1  1  1  1  1  1  1  •  1  1  1  1 

1  i  1  *  11  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1 

'  1  '  1  ii  1  »  11  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1  1 

1 

1  Tt*  • 

1  1 

1 

1 

1  1 

1 

1  1 

O  1 

1  1  CO  1  1 

1 

1 

1  1  1 

O 

1  1 

1 

1  1 

CM  1 

1  1 1'-  1  1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1  d  I 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1 

• 

• 

1 

1 

1 

1 

1 

1 

1 

1 

• 

f 

1 

4 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1  l 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  « 

1  1 

1  1 

CM  1 

1 

1 

1 

1 

1 

f 

1 

1 

1 

1 

1 

1 

I  1  CM  1  1 

II  11 

If  II 

11  »i 

11  II 

II  11 

11  II 

II  11 

11  Ii 

11  11 

11  11 

11  11 

11  11 

11  11 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

I 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

t  1  1 

1  1  1 

1  1  1 

1  • 

CM 

1 

1 

1  CM  1 

1  CO  1 

1  1 

1  1 

1 

1 

1 

1 

1  1 

1  1 

1 

1 

1  1 

1  1 

CO  l 

T—4  | 

1  1  CO  1  1 

•  I  !>.  1  1 

1 

1 

1 

1 

1  1  1 

CO 

1 

1 

1 

1 

1 

1 

1 

l  l 

l  l 

1  1 

1  1 

l  1 

l  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1 

1 

1 

1 

1 

1 

1 

• 

« 

1 

1 

1 

1 

1 

1  1 

l  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1 

1 

1 

1 

1 

1 

1 

1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

1  1 

CM  1 

1 

1 

1 

1 

1 

1 

1 

I  1  CM  1  1 

II  11 

11  11 

11  11 

11  11 

11  11 

11  11 

11  ti 

1 

1 

1 

f 

l 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

_  J  1  1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

1  1  1 

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1 

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1 

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1 

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1  1 

l  l 

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CM 

f 

1 

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1 

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CM  t-h  1 
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103 

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104 

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RECORD  OF  PROPOSALS— Continued. 


970 


INDEX 


■sSuipaaoojd  jaqjQ 


•pajaaCa'y; 


•guipnaj 
puooas  uo  paonjd 
pun  ajAjg  pun  ASojo 
-asnjqj  uo  aajjiuimoQ 
uiojj  gang  pajjodan 


•9IAS 

pun  Agojoasnjqj  uo 
aaj/jTuiuio^  oj  pajjaj 
-ai  pun  uoiju3auoo 
oj  qanq  pajjoday; 


■ajoqM  jo 

aajqtuiuio^)  ux  dn  uaqnj, 


•sjapao 
jnjauaS  uo  paonjd 
pun  ajqnj  uiojj  uaqnx 


•aajjiunuoo 
uiojj  pajjoday; 


aajjiuiuioo  oj  pajjajaj 
pun  Sutpnaj  jsjt x 


•aouajajaj  joj  paounA 
-pn  pun  paonpojjui 


O  M  iC  C:  C5 
ro  cm  ce 
(M  W  (N  ^ 


CCNOONWOiWOO 


C5 


ie  10 
cm  cm 
CM  CM 


Tf-  ^ 

00  oo 


no  CM  CO  CO 
CC  Cl  CC  N  N 

CM  CM  CM 


C  O  lC  O  O  CM  lC 

WNOOXOOCiCOOO 

CM^— 


CM 

C* 


© 


LO  O 

CO  CO 
CM  CM 

cT 


'“O  CO  CO 
CM  CM  CM 


iO  iO 
CO  CO 
CM  CM 

CO 


1C  1C  lC 

CO  CO  CO 
CM  CM  CM 


oc  oo  oc  00  00 

©  ©  ©  o  o 


OCOCGCOOOOOO©© 

ocoooooo 


C5  © 

o  o 


© 

o 


35  ©  OO  - 

o  C  ro  ’ 


N  N  N  N  N 


t^OOOOOOOOOOOOOO 

c.  C5  CJ  w .  c:  Ci  O  Ci 


oo 

© 


oo  oc 

C5  © 


OO  OO  00  OO  CO  ©  © 
©.  05  05  05  OOO 


72 

o 


c 

o 

72 

o 


g 

o 


o 

ft 

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ft 


i  rj 


0.3  - 

A  .ft  -r. 
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tc  J2  o 

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X  rn  72 

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03  3 

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OCX 

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p  ®  B 
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2  c-c 
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33  a  -M 


3 

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£  c 

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ag.t;^  aaS  cs  0  « 

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CO 


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CO 

CO 

CO 

CM 

CO 


10  ?c 

CM  CM 
CO  CO 


00 

CM  CM 
CO  CO 


Providing  for  a  mortgage  registration  tax 


INDEX 


971 


CO 

CM 

CM 


CM 

CM 

CM 


CO 


CO 

CM 


CO 

CM 

CM 


tO 

CM 

CM 


05 

T* 


O 

CM 

CM 


005  10 
CM  T#4  CO 
CM  t— <  CM 


•  CO 
i  t*h 


CO 

CM 

CM 


co  to  to 

CO  CO 
CM  CM  CM 


to 

CM 

CM 


oo 


o 

CM 

CM 


O 

CM 

CM 


CO 

4— * 

CM 


CO 

l-H 

CM 


CO 

Cl 


o 

T*4 


CO 

t'- 

CM 

to" 

CM 

CM 


oo 


CM 

CM 

CM 


o 

oo 


CO 

CM 


O  O  lO  N  to  1—  O  to  to 

1  ^  CO  *—4  CO  CM  00  CO  CO 

CM  r- 1  CM  t— ih  CM  *—<CMCM 


CO  CO 

CM  CM 
CM  CM 


CM  CM 

CM  CM 
CM  CM 


tO 

tO 


o 

CM 

CM 


O 

CM 

CM 


C5 

CM 


O 

OO 


O  to 

CM  to 
CM 


05 

^  o 

►OO 

to  ,-H 


o 

CM 

CM 


CO  l>» 

CM 

CO 


CO 

CM 


CO  CO 

r^ 
CM  i-M 

to 

CO 


CO 

CM 


CO 

CO 


CM 

CO 

CM 


05 

CM 


0 


to 


to  O  05  CO 

hhh^cm 


CO 

CM 


to  to  to  to 

CM  CM  CM  CM 


tO 

CM 


CO  CO  T+I 

CO  CO  CO 


CO  to 

co  co 


oo 

co 


OO  05 
CO  co 


CO 

o 


CO 

o 


CO 

o 


CO 

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CO 

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CONNN- 


co  co  CO  CO 

CM  CM  CM  CM 


CO 

CM 


T-H  1— .  CM 
CO  CO  CO 


CO  to 

co  co 


•CO 

co 


CO  05 

co  co 


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c  s  •—  O  •— 
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o  ci  ci  a  _ci  o 

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co  co  co  co  co 


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co  co  CO  co  CO 


o  c  _  „ 

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t-  "S  o  o  c  c  " 

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0 

2^222.5  g 
5000  ^’-g 

—  '—  -  -  t,45^ 

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w  ^  w  ro  03  H 

o  o  o  o  w  ^ 

hhh  ^ 


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o 

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s 

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a 


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co  co  co 

co 

co 

co 

co 

RECORD  OF  PROPOSALS— Concluded. 


972 


IXDEX 


•sSuipaaaoad  jaq^o 


•pajoafa'g 


cq.  jfouq  papioday; 


■aioq.VV  jo 

aapquioioQ  ui  dn  ua^Bj, 


•s  jap  jo 
{BiauaS  no  paoB[d 
puB  ajqB;  uiojq  uajjBj^ 


•aapqunuoa 
raojj  pa^joda’jj 


•aapqrauioa  cq  pauajai 
pun  Suipuaj  jsji j 


•aouajajaj  joj  paouBA 
-pB  puB  paanpo-quj 


G 

Ul 

C 

r' 

C 

u. 

ft 

c 

o 


•joquinv^ 


o 

CM 

CM 


05 


CO 

oo 


2o 
r:  cm 

CM  cs, 


O  s© 

CM  T-  cO 
-cm  r^ 
oc  CM 
05  * 

y—*  CM  1-4 
-i— •  4*1 

tO  CM  CM 

05 


CO  CO 
CO  o 
CM  CM 


CO 

O  CO 
CM  CM 


CO 

CM 

CM 


•SutpBaj 
puoaas  no  paaBjd 
puB  ap-^jg  puB  3?So[o 
-asBjqj  uo  aa;^xuraioQ 
tiiojj  5[0Bq  papiodapr 

©1  oc  co 

co  co  CO 

rf  CM  Tf 

4^  05 

00  ©5 

CO  co 

Tf< 

CM 

CO 

O 

CO 

CO 

CO 

CM 

CO  1— • 
OC  CO  CM 
CO  CO  co 

'ajAJS 

puB  XSopasBjqj  uo 
aa^rraoioQ  0^  pauaj 
-a!x  puB  uoi^uaAUoa 

C5 

CM 

4^  — 

▼■H  y—4  i-H 

0  r^ 

—  00 

CM  t-H 

05 

4-1 

220, 276 

4^ 

0 

CM 

#  • 

CO 

rH 

CM 

05  rf< 

t>5  n  co 
N(N  CM 

oo 

CM 


c  4* 
CM 

CM  t-h 


4*  —  —  ©  CO 

—  oo 

C5  05  CO  CO 

co  co  o  oo 

*-4  44  CM  r— i 

00  00  tO 
CO  CO  O 

r-T-H(N 


o  o  o  -05 

oc  ci  c~.  i— 

CO  oo  00  *  „ 

00  oc  00  £  ^ 

tCrClcM 
00  00*0 
HihC5  - 

*—  ©  ^ 
►1—1 t'* 
1— '  CM  CM 
05 


CO  CO  4^<  4* 

CO  CO  o  O 

CM  CM  CM  CM 


—  —  CM 

CO  CO  O 

CM  CM  CM 


00 

05 


CO  to 
CO  1— 
CM  CM 


CO 

CM 


c?  ££ 
c^es!  2 

<^g5 

~C5  - 

TT  CM  05 
£3  CM  CM 
CM  CM  ' 


o 

CM 


CM 


273 

216 

151 

— •<  1-4  r^-  05 

tc  tc  c  c;  n 

179 

179 

179 

184,201,241 

44  T-4 

O  O  05 
CM  CM  1-4 

194 

1 

1—  CO 
CO  — i 
CM  CM 

00  00  CO  CO 
—  —  CM  CM 

CM  CM  CM  CM 

CO 

«C5CNeO 

co  00  00 

to  to  CM 

CM 

4*1 

—  r* 

4*  4t  LC  tc  N 

1^  05 

00  00  C5 

05 

O  — 

CM  1—1 

1-4  I-H  4^  1—  — 

1-4  1—  — 

co 

00 

44  44  1-4 

44 

CM  CM 

CM  CM  CM  CM 

l—l 

00 

NOCNCO 

co  00  co 

to  to  CM 

CM 

CM  CO 

CO  t''-  CM  CM 

4^ 

4*  4* 

4*  4*  tO  to 

00 

OC  00  05 

O  — 

—  —  CM  CM 

rH 

14  T—  1-4 

r-  14  -4  1-4 

1-4  1-4  44 

1-4 

CM  CM 

CM  CM  CM  CM 

1—1 

to  !>■ 

NCJCNCO 

co  00  co 

to  to  CM 

CM 

CM  CO 

4*« 

4*  4* 

4*  4*  to  to 

go 

OC  OC  05 

05 

O  — 

—  —  CM  CM 

iH 

44 

4—  4>4  1-4  1—  1-4 

r-4  t-4  44  — 

44  44 

44 

CM  CM 

CM  CM  CM  CM 

G 

c3 


GO 

© 

- 

O 


fcl 

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13 

© 

CQ 


2  ^ 
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3  o 


cc ; 

© 


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o 

a  3  be 
>  cS  cj 
*■  • 

Src  o 

£2£i:3o 

o  O' 

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—  —  w 

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m  ®  ° 
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©  0 


Oi 


„  c  O' 


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•—  A>  — ■ 

c  g  ° 
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c 

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b£.G  c3 

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O  »ti  a 

£  2  © 
^  ^  co 

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O 

oo 


G  CO 

-u>  - 

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c 

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©  2 


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-n*5  "5 

—  c3  O 


l;  © 

>  © 

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oS 


bt 


o 

hi 

m 

o 

to 

to 

c3 

>> 

5 

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3  U.  C, 
o  ; 

c-^  c 

h  H 


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c 

s- 


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£  fc; 

sc 


to  _ 

•Ji 

—  u 
3  o 


ci*~ 
JhC  £ 
_  3  C.2 

“ 

o  £  -3  a; 
s?  3  3  © 

£  ra  i£  - 

“o:- 


o 


fc£ 


HI 

c 

1  pH 

c3  2 

u  © 

5  3 


a  =S 

£  a 

-  o 


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—  -U> 

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G 

© 

Ui 

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o»^.2 

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S.2  o 

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o*i  2 

5  cT 

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.2  > 

~.2 

g.s 


o 

> 

i'-Z 


o 

a  c  G 
s2o 
o  ~~ 


O  l~ 

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VI 

—  o 


bl 


>. 

u 

3 

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O  33 

a  c 

30 

a  © 

1 5 

«-  «4— 

G  O 

g  ^© 

£  si 

©  ©^ 


£0 


- 

c3^ 
b£  © 
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t£  43:  'g 

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rG  >  ©  C 


i.t3  ft 

J  43 

^.  ©  G  O 


>  ■ 

C- 


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~  c  b£ 


C  G  S 
u  c  ft; 

ft  C  G 
c  S  © 

H  c5 


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©  to'  O  ^ 

■  3  x.3  O* 

>  S  %'$% 

£  3  ^.13  .£ 

G  ^  u  43 


r*  hi  ©h 


to  co 
to  to 

CO  CO 


r—  00 
to  to 


to  co  co  co  Id 
co  CO  co  CO  CO 


Tf  to  co 

CO  co  CO 
CO  co  CO 


N  xoo 
COCOCON 
CO  CO  CO  CO 


—  CM  CO 

1^- 

co  co  co 


T*-  to  co 
co  co  co 


Entitled  “Canals  and  W: 


IXDEX 


973 


•  T*  O 

i 

«  CO  T* 

co  *— i 

•  n-  ic 

i 

i  oo 

OC  CO 

•  CM  CM 

i 

1  CM  CM 

CM  ^ 

i  1C 

i 

•  CM 

CM* 

i  1C 

i 

i  n- 

i  CM 

i 

i  CM 

CM 

i 

i 

i  i— 

1 

i 

1  1C 

i 

i 

1  CM 

i 

i 

i 

i 

i 

i 

1 

l 

1 

i 

l 

l 

i 

l 

i 

i 

i 

i  i  o  O  O  •  i 

O  1 

1  1  »c 

00  00  1  1 

Ci  1 

•  1  CM  CM  CM  1  1 

it  ii 

it  ii 

ii  it 

ii  ii 

ii  ii 

ii  ii 

CM  l 

1 

1 

1 

1 

1 

1 

1 

o  ^  • 

1 

l  i  C5 

l  CO 

t-~  CO  1 

1 

1  1  o 

I  1C 

CO  CO  • 

1 

1  1  ^ 

1  1C 

1  ^ 

C3 

1 

1 

1  1 

.9*9 

1 

1 

1  1 

1  ym* 

1 

1 

1  1 

.  o 

1 

1 

1  CO 

00  O  1 

1 

1  CO  00 

1 1— « 

CO  CO  1 

1 

•  N-  00 

•  n- 

CM  CM  1 

i 

1 

1 

•  CM  CM 

i 

•  CM 

1 

1 

i 

i 

i 

i 

i 

1 

1 

1 

1 

1 

1 

i 

i 

l 

i 

l 

i 

1 

•  1 

1 

1 

1 

1 

00  3 
co  o 

CM  1C 

i  3  3  CO  3 

i  •***  -r^  n-  oo 

1  CM  CM  CM  CM 

3  O 
OO  N- 
CM  CM 

?5-y 
53  “9 

N  CM 

■  t>- 

1  T* 

1  CM  CM 

CM 

CM 

g| 

CM 

CM 

i 

1 

i 

i 

l-H 

CO 

CM 

i— <  co 
CC  Jq 
CM 

cT 

Tt« 

CM 

i 

i 

i 

t^T 

1C 

CM 

r^.* 

1C 

(00 

CM  1-1 
CO 

CM  CM 

1  r-  r-  CON 

'  1C 

•  CM  CM  CM  CM 

N 

iC  3 
CM  CM 

C5  iC  1C  t>»  05  o  thO) 
(M  CO  CO  CO  CO lO  >010 
CM  CM  CM  CM  CM  CM  CM  CM  CM 


C5  LO  »c  N  C5  c  — 

Ol  CO  CO  CO  CO  »C  LOLO 

CM  CM  CM  CM  CM  CM  CM  CM  CM 


O  iC  tC  t'-  O  ^  O  — *  Ci 

CM  CO  CO  co  CO  ^  »c  ic  »c 

CM  CM  CM  CM  CM  CM  CM  CM  CM 


02  03- 

>.  S' 


s 
o 

o  ® -r; 
cm  cm  ~ 
c;  Ci  -- 


O  O  g 

s  s  3 
.2.20 
3  =?  c3 

t-t 

a> 


o 

Q< 

o 

a 


CO 

00 

CO 

<3 

03 

o 

a 

o 


o 
:  r~ 


.!§ 

cO 


— 

S  s  o 

3  S&2: 

So 'gOO  a; -i 
EsO  S  i  ®-5  ®t>  S'o 
h  03  — c  5 

S-C  ~  ^  O  *■*  StZrX 

l.  cC  O  O  (W  c3  ^  £1.— - 
O  a  .  O  ^ 

•*-  ®,®  ®  Si*nQ  5 
®Q o« gQ  «” o 

O  ^  Z,  C3  ££ 

‘■S.SJijS  5.2-2’o  p 
c2.Si  „  cj^'^ 

§111 ill 


03  c~  g"22: 

~!7  03  «  oT5  c:  m 

oj  >  t,«j:  +j_c 
-  -  y  -  ■- 


fc-0,2®  ®TJ  03  Sc 

l.  >  O  i_ 

55  •-  93  § 

U  U  u  ~  ~  —  Z 

o«oo^co^>o 

<j 


f^popso^oico^  1C 

•^•f^-^OOOOOOOOQO  CO 

oocococococococo  co 


RECORD  OF  REPORTS  FROM  COMMITEE  ON  PHRASEOLOGY  AND  STYLE. 


974 


INDEX 


•papjara-Ji 


•sSmpaaoojd  jaq;Q 


•;itm  B  SB 

Suipuai  pjrq;  no  bSbssbj 


•;iun  b 

sb  a[oq,\^  aq;  jo  aa;;ira 
raoQ  ui  paiaptsuoQ 


•siapio 
jBiauaS  no  paoB^d 
puB  ;iun  sb  ajA;g  puB 
•tCSojoasBjqj  no  aa;;iui 
-BctOQ  uiojj  pa;  jo  day; 


•SaipBaj 

puooas  no  paiapisuoQ 


•SuxpBai 
puooas  uo  paoBjd  puB 
uot;uaAUOQ  o;  pa;joday; 


+2 
•  pH 

H 


•jaqumu  ;joday; 


o 

1 

IrHOON 

l-H  tH 

1 

1 

1  iH  P- 

1  05 

ooNr^  th 

i  05 

<M 

1 

I  CO  oo  ^ 

CO  oo 

1 

29  « 

1  CO  kO 

1 1>» 

oq  oo 

i  oq 

CO 

1 

'kOkON 

1 

1 

®  : 

CO  i 
CO  , 

i  CO  CO 

■  t>» 

i 

•  00 

TJH* 

1 

i  t>T 

ko 

1 

•  i 

—  1 

1 1>- 

Il>." 

05 

1 

i  oo 

ko 

1 

O  1 

O  1 

1  kO 

i  oq 

oq 

i  oq 

kO 

1 

1 

i  kO 

1 

ko 

1 

1 

oq  i 
co  i 

ko  CO 

I  CO 

1 

i  cO 

i 

i 

i  00 

1 

1 

1 

»  i 

1 

I  CO 

1 

1 

1 

oo  • 

00 

1 

'  cq 

1 

1 

1 

CO  • 

oo  ^ 

1 

1 

1 

1 

kO  co 

1 

i 

i 

1 

1 

1 

-oq 

-oo 

» 

'  o 

i 

i 

1 

1 

o 

05  co 

1 

« oq 

• 

1 

1 

1 

o 

ko 

1 

i  co 

i 

i 

1 

1 

1 

kC 

t 

i 

i 

i 

CO 


O5COCO0CCOCO^CO 

rtCOifD^»CONN 

O  kO  CO  W  CD 

05  OG«(N 

kO  CO  lO^ON 


o 

o 

co 


E2  ^ 


kOO  • 

th  co 


J^ 

CO 

O 


CO 

CO 


05 
GO  I  T* 
CO  CO  kO 
-Tf  - 
CON^H 
!>•  CO 
CO  kO 


oo 

CO 

ko 

oo 

o 

kO 

ko 

o 

ko  00 

05 


o  *-< 

CO  oo 
co  co 

N  ~ 

cazs 

eft 

^.co 

o  . 

,4° 

kO  - 
lO  TtH  LO 
-CO  oo 

^  CO  CO 

oo 


oo 


ONO 
CO  OOrf 
t'-  CO  cO 

CO  OO  oc 

CS1  ^  05 

r-  co  kc 

r* 

05 

kO 


00  C5 
Tf  *>• 
CD  Is* 

^  CO 

s*oo; 

CO  CO  l 

CO 

OO 

CO 

CO 


o 

kO 


05 

CO 

of 

CO 

CO  00 
►  N 

ko 

CO 


CO 

oo 

CO 

CM 

oo 


T-H 

00 


ko 

T-H 

oo 


Tt<  <N  (M  <M  CO 

oc  ^  00  OO  t1— 

t>- 1>- 1'-  Is*  t*- 

T-H  y—i  CO 

CMrt^XN 

oo  of  of 

<NCIkO 
CDt^  t>- 

co 

o 

CO 


05  00  OO  CO  C5  !>•  05.  T-H  CO 

oo  co  co  co  co  r-  05  ^  eq  co  co 

iH  d  ci  rt*  ^  ^  w  co  co  co  co 

CO 

kO 

ko 


o 

CO 


oq 

CO 


05  Tf  I>- ^  05  05  O  00  kO  CO  kC  kO 
NOOOOOOJO  COClkCNI^OO 
CO  CO  CO  CO  CO  !>• 


c3 

<c 


to 

- 

a> 

% 

o 


to 


H  “ 

to  M 
e"3  « 

a  ©  o  g  * 

^  to  3.3-r; 

>>3  3.2  «3-g  ©Hi 

dJS'r-^OcsO 
-m  <o  *3  s  s  a  u 
33  m  3  3 

•  —  C3  •  fH  0  0  H.^ 


CO 

pC 

.5?® 

■®3 

3 

t- 


+3 

a> 

s 

c3 

C. 

a> 

Q 

O 

> 

•  pH 

-f^> 

13 


CD 
>5 

cS 

(h 

O 

a 

^  CD 
^  -H5 

S  o 
c3  h 


C 

o 

s 

'- 

a 

<D 

Q 


a 

o 

S' 

(H 

c5 


.ph  5_(  '■h  a; 

PQP-ttf 


mO  ^  .2 
'5-rJ.HAi  sis 
c  a  c  £  3-o 

c3  03  O  C  O  PH 

OhJnOO^ 


co  « 

CO  © 

2  2 

~C  -3 

<!  ^ 


3  o' 

■8' 

2 1—5  c 


cq  co  ^  ko  co  oo  05  o  ^  oq 

T“^  T"H  T“H 


CO  ^  kO  CO  t^-  oo 


05  o  — <  oq  co 

rnddcqdcq 


